The URL can be used to link to this page

Home My WebLink AboutCC 2010-12-13 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, December 13, 2010 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Discussion Regarding the Use of Golf Carts for Parcel Deliveries (5 Minutes) A.3 Iron Horse Golf Course End of Season Report (15 Minutes) AA Approve 2011 State Legislative Program (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 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in complian 1h Chapter K1, Texas Government Code on December 10, 2010 at t� a.m. A A (AA (,Q sl ity Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — December 13, 2010 Page 1 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, December 13, 2010 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: Li City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Lombard A.2 Pledge - Councilman Lombard A.3 Special Presentation(s) and Recognition(s) - "Go Purple" check presentation to Community Enrichment Center presented by Councilman Barth A.4 Special Presentation(s) and Recognition(s) - Texas Animal Control Association Volunteer of the Year Award presented by Councilman Whitson A.5 Special Presentation(s) and Recognitions - Grant Contribution by SCORE to NRH Library presented by Councilman Lewis A.6 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.7 Removal of Item(s) from Consent Agenda City Council Agenda — December 13, 2010 Page 2 of 5 a 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 November 8, 2010 City Council Meeting B.2 PU 2010 -027 Authorize Inter -local Purchasing Agreement with the City of Rowlett B.3 PU 2010 -029 Award Bid No. 11 -008 for Sewer and Water Pipe Material to Multiple Vendors B.4 PU 2010 -030 Renew Contract for the Miscellaneous Concrete Improvement with Hard Kountry Concrete B.5 PU 2010 -031 Approve Contract Renewal of Microsoft Enterprise Software Agreement with Dell Computers B.6 GN 2010 -104 Authorize the City Manager to execute a Joint Resolution with Tarrant County for 800 MHz Radio Maintenance Services B.7 GN 2010 -100 Consideration of Amending Sections 2- 67(e)(2) and 2- 67(e)(8) of the Code of Ordinances and the Council Rules of Procedure Pertaining to Citizens Appearances - Ordinance No. 3120 B.8 GN 2010 -102 Consider Extension Agreement for Medical Director Contract B.9 PU 2010 -034 Award Bid No. 11 -009 for Dump Trucks to Southwest International in the amount of $260,988. B.10 GN 2010 -101 Amending Chapter 10 of the North Richland Hills Code of Ordinances - Regulations for Amusement Centers and Billiard Halls - Ordinance No. 3122 C.0 PUBLIC HEARINGS C.1 SUP 2010 -08 Public Hearing and Consideration of a Request from Gary and Marie Rabel for a Special Use Permit for a Two Car Detached Garage and Shop at 6800 Little Ranch Road - Ordinance No. 3117 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. City Council Agenda — December 13, 2010 Page 3 of 5 E.0 PUBLIC WORKS E.1 PW 2010 -040 Approve Professional Service Agreement with the RJN Group, Inc. for Phase II Sanitary Sewer Assessment Project in the amount of $350,743.00. E.2 PW 2010 -041 Revise the 2010/11 Capital Project Budget and Award of Project RFB No. 11 -006 to Stabile & Winn, Inc. in the Amount of $361,570.10 for the Construction of the Terry Drive Street Improvements Project (ST1003) F.0 GENERAL ITEMS F.1 GN 2010 -103 Authorization to utilize golf carts on public roads for parcel deliveries - Resolution No. 2010 -033 F.2 PU 2010 -032 Authorize the purchase of grant funded equipment from Remotec (a Division of Northrop Grumman) Totaling $146,926 F.3 PU 2010 -033 Consider Renewal Option to the Iron Horse Management Agreement with Evergreen Golf Limited, L.P. F.4 GN 2010 -106 Authorize the City Manager to Sign an Extension to the Current Electric Supply Agreement for the City's Electricity Needs Through December 31, 2018 - Resolution 2010 -034 F.5 GN 2010 -108 Pipeline Right -of -Way Agreement with Texas Midstream Gas Services Company for gas pipeline through city owned property in the 9100 block of Kirk Lane G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and /or action. City Council Agenda — December 13, 2010 Page 4 of 5 Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on December 10, 2010 at %. L a.m. sistant City Secreta This facility is wheelchair accessible and accessible parking aces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — December 13, 2010 Page 5 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, December 13, 2010 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Discussion Regarding the Use of Golf Carts for Parcel Deliveries (5 Minutes) A.3 Iron Horse Golf Course End of Season Report (15 Minutes) A.4 Approve 2011 State Legislative Program (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 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067- 241297 -09), 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on December 10, 2010. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — December 13, 2010 Page 1 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, December 13, 2010 7:00 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Lombard A.2 Pledge - Councilman Lombard A.3 Special Presentation(s) and Recognition(s) - "Go Purple" check presentation to Community Enrichment Center presented by Councilman Barth A.4 Special Presentation(s) and Recognition(s) - Texas Animal Control Association Volunteer of the Year Award presented by Councilman Whitson A.5 Special Presentation(s) and Recognitions - Grant Contribution by SCORE to NRH Library presented by Councilman Lewis A.8 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.7 Removal of Item(s) from Consent Agenda City Council Agenda — December 13, 2010 Page 2 of 5 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 November 8, 2010 City Council Meeting B.2 PU 2010 -027 Authorize Inter -local Purchasing Agreement with the City of Rowlett B.3 PU 2010 -029 Award Bid No. 11 -008 for Sewer and Water Pipe Material to Multiple Vendors B.4 PU 2010 -030 Renew Contract for the Miscellaneous Concrete Improvement with Hard Kountry Concrete B.5 PU 2010 -031 Approve Contract Renewal of Microsoft Enterprise Software Agreement with Dell Computers B.6 GN 2010 -104 Authorize the City Manager to execute a Joint Resolution with Tarrant County for 800 MHz Radio Maintenance Services B.7 GN 2010 -100 Consideration of Amending Sections 2- 67(e )(2) and 2- 67(e )(8) of the Code of Ordinances and the Council Rules of Procedure Pertaining to Citizens Appearances - Ordinance No. 3120 B.8 GN 2010 -102 Consider Extension Agreement for (Medical Director Contract B.9 PU 2 010-0 34 Award Bid No. 11 -009 for Dump Trucks to Southwest International in the amount of $260,988. B.10 GN 2010 -101 Amending Chapter 10 of the North Richland Hills Code of Ordinances - Regulations for Amusement Centers and Billiard Halls - Ordinance No. 3122 all 0 .11 [is Im 1K.11 IV 110 1016i C.1 SUP 2010 -08 Public Hearing and Consideration of a Request from Gary and Marie Rabel for a Special Use Permit for a Two Car Detached Garage and Shop at 6800 Little Ranch Road - Ordinance No. 3117 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. City Council Agenda — December 13, 2010 Page 3 of 5 E.0 PUBLIC WORKS E.1 PW 2010 -040 Approve Professional Service Agreement with the RJN Group, Inc. for Phase II Sanitary Sewer Assessment Project in the amount of $350,743.00. E.2 PW 2010 -041 Revise the 2010/11 Capital Project Budget and Award of Project RFB No. 11 -006 to Stabile & Winn, Inc. in the Amount of $361,570.10 for the Construction of the Terry Drive Street Improvements Project (ST 1003) F.0 GENERAL ITEMS F.1 GN 2010 -103 Authorization to utilize golf carts on public roads for parcel deliveries - Resolution No. 2010 -033 F.2 PU 2010 -032 Authorize the purchase of grant funded equipment from Remotes (a Division of Northrop Grumman) Totaling $146,926 F.3 PU 2010 -033 Consider Renewal Option to the Iron Horse Management Agreement with Evergreen Golf Limited, L.P. F.4 GN 2010 -106 Authorize the City Manager to Sign an Extension to the Current Electric Supply Agreement for the City's Electricity Needs Through December 31, 2018 - Resolution 2010 -034 F.5 GN 2010 -108 Pipeline Right -of -Way Agreement with Texas Midstream Gas Services Company for gas pipeline through city owned property in the 9100 block of Kirk Lane G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda :��l,l 4 1: 1i 1:18A!_1111C0]11 =1►1�7: »rL*3�i�� H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and/or action. City Council Agenda — December 13, 2010 Page 4 of 5 Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on December 10, 2010. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — December 13, 2010 Page 5 of 5 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 829 North Richland Hills, TX 75180 Monday, December 13, 2010 5:45 P.M. A.1 Discuss Items from Reaular Citv Council Meetina A.2 Discussion Reaardina the Use of Golf Carts for Parcel Deliveries (5 Minutes) A.3 Iron Horse Golf Course End of Season Report (15 Minutes) A.4 AmDrove 2011 State Leaislative Proaram (10 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 1) Hometown Urban Partners, Ltd. vs. Citv of North Richland Hills (No. 096 - 235530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. Citv of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. Citv of North Richland Hills, et al (No. 352 - 237213 -09) C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 12 -13 -2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department Police Council 'Meeting Date: 12 -13 -2010 Presented by: Mike Hamlin Agenda No. A.2 Subject: Discussion Regarding the Use of Golf Carts for Parcel Deliveries (5 (Minutes) Summarv United Parcel Service (UPS) is requesting permission to utilize golf carts to deliver packages during the holiday season in two high - density residential areas of North Richland Hills. State law requires that permission be granted by the governing body of the municipality in which the operation of the golf carts will occur. General Descrir)tion To speed up delivery at the busiest time of the year, UPS is proposing to use golf carts to deliver packages in the area near Smithfield and Starnes and in the Hometown neighborhood. The golf carts are equipped with headlights, tail lamps, reflectors, parking brake and mirrors as required by Texas Transportation Code 551.404, which governs use of these vehicles. The law also requires golf carts to be operated on a road with a speed limit of not more than 35 mph, but is allowed to cross streets with a speed limit higher than 35 mph. UPS will only be operating the golf carts during daylight hours. 4 .J ..: 1 {L L HuP hfield 21 31 mew Dr _ hf i � { � CulleynrillE� %I IT Starn9a R9 L rr pp r , VJ Glade R. Made Rr{ a , � Y m` R,dgQ Y Rd , � d , r RI �. �: n Y_q ' _mr'JS� IiJLt,;w l Dr p Arrunri,r.n Cr C g—r Cr Sa 2•�Q,L Watauga of A I �i_ uuov rta I� 17, 5029 5mthfi CJ rtI1 R ILc Y n Nn ¢ n J� JL: 4 chiandI f1r '? _ C: rlepman Mali - — , I w S�rr�94 r�44 Gr Fc{ - v .. YG hfi Id r`n O P.r - IVw�caetlz Ilurzr, t i.an� r=i f rrin;i I /V=11:g1ip 1-1r Iv{Id Cit,PS BVC. ko "n i.�. N � Hrsnalm I l l y .a.. �e J I rlortnct l? 4lar:;_g. L real Falk Llvil G r B N klchlc" RI>rf' �. Irish 1 a Y S ;9 Callnu•1 r]• ,I -W"' i i ,s ar Lr ..rkg A ,M P.rk � j I� iJ 600lrn1l (n -6 [V] 9 198226 micrceott Cori:ors ror and.:or de sur:r� — r q e. eceL d { ,� , l - , — , �nnn It is important to note that the proposed ordinance is not limited to the two neighborhoods discussed above or to UPS. The ordinance will authorize use of golf carts as delivery vehicles for any company making parcel deliveries throughout the City. City staff will review UPS' request during the work session and will be available to answer any questions that Council may have. CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Antonio Evangelista Council Meeting Date: 12 -13 -2010 Agenda No. A.3 Subject: Iron Horse Golf Course End of Season Report (15 Minutes) Summarv: Antonio Evangelista, Iron Horse Golf Course Manager, will provide an end of year summary of Iron Horse including rounds and revenue, expenditures, awards and accolades, community involvement, capital improvements and a vision for the future. General Descrir)tion: The 2009 -10 fiscal year offered some specific challenges for Iron Horse Golf Course and the Golf industry in the DFW region as a whole. The National Golf Foundation showed that rounds were down by 15.2% in the DFW region. That along with the weather challenges throughout the season affected both rounds and revenue at the golf course. During the key months of October 2009 and September 2010, the region experienced 10" of additional rainfall above the average for those two months alone. Even with the increased rainfall Iron Horse was able to recover all of its operational costs and continued to be recognized as one the top public golf courses in the DFW area. This past year Iron Horse implemented new community initiatives including a partnership with the local Boy Scouts to install bat houses and screech owl habitats on the course working toward Audubon International Certification. The City of North Richland Hills completed several improvement projects at the golf course including exterior painting of the clubhouse and pavilion, clubhouse caboose painting, design and installation of new course signage and a new roof to the clubhouse and pavilion. Furthering our commitment to excellent service and playing conditions several new pieces of mowing equipment were purchased replacing dated equipment and a new cart fleet was put into service. One of the most significant changes was the appointment of a new general manager at Iron Horse. After serving Iron Horse for 10 1 /2 years Jay Clements accepted a general manager position at Fossil Creek Golf Course. He was replaced by Antonio Evangelista. Antonio's experience includes five years as the Assistant General Manager for Arrowhead Golf Club in Littleton, CO, which is also managed by Eagle Golf. Antonio provides exceptional experience in special event and food service management along with general golf course management and grounds maintenance. As in ,previous years, food and (beverage continues to be the most promising area for revenue development. Iron Horse is making progress in this area with several new initiatives including the recent hiring of an experienced cook and implementation of table service beginning December 15, 2010. Overall Iron Horse continues to perform well and is properly positioned with our direct competitors within the market. Through the joint efforts of city staff, Iron Horse staff and Eagle Golf we will continue the legacy of excellence including financial sustainability, programs and services, course conditions and hospitality. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 12 -13 -2010 Agenda No. A.4 Subject: Approve 2011 State Legislative Program (10 Minutes) Summarv: The purpose of this agenda item is to seek approval of the Priority Legislative Issues for the City of North Richland Hills for the 82 Texas Legislative Session. General Descrivtion: The legislative program is intended to be a guide to our legislators to inform them of the City's position on issues we expect will be raised during the legislative session. Pre - filing of bills began on November 8, 2011 with over 600 bills already filed. The 82 Texas Legislative Session begins on January 11, 2011 and lasts 140 ending on May 30, 2011. As in the past, we have used four guiding principles to determine positions on various issues. These four guiding principles are: • Opposition of any legislation that erodes the authority to govern our own local affairs; • Need for a predictable and sufficient level of revenue for the provision of capital infrastructure and for ensuring citizens' health and safety; • Opposition of unfunded mandates; and • Support for legislation that enhances the quality of life for our citizens. Based on these guiding principles, staff has identified a number of priority legislative issues. They are as follows: • Preserve local revenue sources; • Preserve representative form of government, • Preserve an equal, fair and uniform property tax system; • Preserve local control of land use planning and zoning; • Pursue new funding sources for alternative transportation; • Multi -city participation in transportation development efforts; • Collection of delinquent fines; • Improve public park system; and • Public safety. These priority issues will be added to and modified as needed throughout the session. We expect the workload of the 82 Texas Legislative Session to be the same, if not more, than the last regular session when more than 7,600 bills were introduced with over 1,500 of those relating to cities. Staff will be monitoring city related bills and issues, and will provide regular updates to Council throughout the legislative session. We will also keep you informed regarding any legislative alerts or contacts that need to be made during the session. Upon approval of the legislative program, our intention is to present this information to area State Representatives and Senators to point out the city's key issues. NItH City of North Richland Hills O's lose y *C 1953 4w 6000. 0 � X , 82 Texas Legislative Session Priority Legislative Issues December 2010 GENERAL LEGISLATIVE POLICY [3r 7 4 94 ► 114 ► Igo]a ;J0*114:I►► : 1101�I As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. Thus, the City will oppose any legislation that could harm the health, safety, and welfare of its citizens. STATEMENT OF SUPPORT Likewise, the City supports any legislation that advances its authority to conduct the public's business or that improves the health, safety, and welfare of its citizens. The City supports legislation designed to responsibly and fairly increase revenues to pay for needed services or to reduce the cost of providing services or maintaining a strong municipal workforce. Lastly, the City supports legislation that responsibly promotes and increases economic development or that is designed to improve the economy or create jobs. COALITIONS & PARTNERSHIPS When necessary, the City will form strategic partnerships with other cities and counties in the Metroplex. The City will also work with other local political subdivisions including the hospital district and the school district when commonalities exist. Additionally, the City will work in coordination with organizations such as the Texas Municipal League, North Central Texas Council of Governments and Tarrant Regional Transportation Coalition when their adopted positions are in line with the legislative objectives and goals of the City. The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. GOALS OF THE CITY'S LEGISLATIVE ACTIVITIES The fundamental goal of the City of North Richland Hills" legislative activities is to produce positive outcomes for our citizens. Numerous proposals considered by the Texas Legislature will have the potential to seriously impact the ability of the City to carry out its mission. By taking a proactive role in the legislative process, the City is accepting its responsibility to ensure that the citizens of North Richland Hills can continue to enjoy the quality of life they deserve, have come to expect and are willing to support financially. Throughout the history of Texas, our legislators have enacted laws that greatly affect the administrative and political decisions of municipalities. As the next legislative session begins, the City officials of North Richland Hills believe it is beneficial to state their position on some of the issues they expect will be addressed. This document is intended to provide those positions along with a short background and reasoning for these positions. The City of 'North Richland Hills uses four guiding principles in developing its positions on legislative issues. These are: 1. We will vigorously oppose any legislation that erodes the authority to govern our own local affairs. 2. Cities represent the level of government closest to the people. They bear primary responsibility for the provisions of capital infrastructure and for ensuring citizens' health and safety. Thus, they must be provided a predictable and sufficient level of revenue. 3. We will oppose the imposition of any state mandates that do not provide for a commensurate level of compensation. 4. We will support any legislation that enhances the quality of life for our citizens. Other issues will arise as the legislative session progresses. If an issue arises that is not addressed in this document, the City urges legislators to keep these four guiding principles in mind as they make important decisions concerning our future. Revised wording provided to Council during December 13, 2010 Work Session. SUMMARY OF PRIORITY LEGISLATIVE ISSUES 1. Preserve Local Revenue Sources Cities are responsible for providing services that allow residents to feel safe, secure, and to enjoy their quality of life. Service level demands do not decrease when times are bad; they often increase. The City already faces challenges in providing services as the result of flattening appraisal values and decreasing sales tax revenues. Cities must have reliable sources of revenue in order to fund services their residents expect and demand. 2. Preserve Representative Form of Government In previous legislative sessions, lawmakers have considered bills that would require public referenda for many decisions that are currently made by elected city officials. City Council members are in contact with residents on a daily basis and are well aware of the will of the people. Requiring elections can not only slow down the decision making process, but also add costs to already strained local government budgets. 3. Preserve an Equal, Fair, and Uniform Property Tax System Property tax caps benefit homes that are rapidly rising in value. This generally means wealthier homeowners enjoys the greatest appreciation in value and therefore benefit most from appraisal caps. In addition, property tax caps that apply only to residential property essentially raise taxes on business. Further, property tax caps ignore the differences between Texas cities. Cities have a variety of ways to pay for the services provided to citizens. While caps hurt all property- taxing cities, they are especially hard on cities that have little or no sales tax base. 4. Preserve Local Control of Land Use Planning and Zoning Zoning regulation is an important and historic tool used by cities to protect the health and safety of residents. It is imperative that cities retain the right to zone parcels of land within their city limits. 5. Pursue Sustainable Funding Sources for Existing and Alternative Transportation Systems Traffic is getting worse in North Texas as more residents use an already overburdened system. A unified regional transportation plan that includes different modes of travel is needed. The current transportation funding methods are based on revenue streams that are projected to decline even as transportation demand is increasing. In addition, current funding methods do not encourage alternative modes of transportation. The State of Texas must find a sustainable funding source for our existing transportation system and include alternative transportation systems in the funding methodology. 6. Multi -City Participation in Transportation Development Efforts Legislation is needed to allow multi -city participation in funding transportation needs such as commuter rail. Incremental benefits rail brings to a municipality 4 SUMMARY OF PRIORITY LEGISLATIVE ISSUES 1. Preserve Local Revenue Sources Cities are responsible for providing services that allow residents to feel safe, secure, and to enjoy their quality of life. Service level demands do not decrease when times are bad; they often increase. The City already faces challenges in providing services as the result of flattening appraisal values and decreasing sales tax revenues. Cities must have reliable sources of revenue in order to fund services their residents expect and demand. 2. Preserve Representative Form of Government In previous legislative sessions, lawmakers have considered bills that would require public referenda for many decisions that are currently made by elected city officials. City Council members are in contact with residents on a daily basis and are well aware of the will of the people. Requiring elections can not only slow down the decision making process, but also add costs to already strained local government budgets. 3. Preserve an Equal, Fair, and Uniform Property Tax System Property tax caps benefit homes that are rapidly rising in value. This generally means wealthier homeowners enjoys the greatest appreciation in value and therefore benefit most from appraisal caps. In addition, property tax caps that apply only to residential property essentially raise taxes on business. Further, property tax caps ignore the differences between Texas cities. Cities have a variety of ways to pay for the services provided to citizens. While caps hurt all property- taxing cities, they are especially hard on cities that have little or no sales tax base. 4. Preserve Local Control of Land Use Planning and Zoning Zoning regulation is an important and historic tool used by cities to protect the health and safety of residents. It is imperative that cities retain the right to zone parcels of land within their city limits. 5. Pursue New Funding Sources for Alternative Transportation Traffic is getting worse in North Texas as more residents use an already overburdened system. A unified regional transportation plan that includes different modes of travel is needed. The current transportation funding methods are based on revenue streams that are projected to decline even as transportation demand is increasing. In addition, current funding methods do not encourage the future transition from individual vehicle transportation to other more cost effective modes of transportation. The State of Texas must take the lead in preparing for future transportation demands without hindering growth of the economy or placing an undue burden on businesses and residents. 6. Multi -City Participation in Transportation Development Efforts Legislation is needed to allow multi -city participation in funding transportation needs such as commuter rail. Incremental benefits rail brings to a municipality could be captured to fund rail stations, infrastructure needs as well as fund operating costs of the system. 7. Collection of Delinquent Fines Any city with a population of less than 100,000 is currently required to use a third party to collect delinquent fines. It would be more efficient and cost - effective if all cities, with no population restriction, could collect delinquent fines themselves. 8. Improve Public Park System Parks greatly enhance the quality of life for residents. Most park systems are funded from property and sales tax revenue. Sporting goods sales tax was intended to be dedicated to the Texas Parks and Wildlife Department which in turn would provide grants to cities to assist in developing parks. Instead of this sales tax being dedicated as intended, it has been diverted to other State programs unrelated to parks. Diversion of this sales tax needs to cease and cities need the assurance that the appropriations for future local parks grant funding will not be reduced. 9. Public Safety Legislation should resist all efforts to erode municipal authority over gas wells, gas pipelines, or other gas - related equipment. City officials have the most direct knowledge of the City's infrastructure and can best determine the safest local sites for gas pipelines. Legislation should also resist all efforts to mandate staffing levels for public safety personnel. Additionally, municipal jails, which are used only as short-term holding cells, should not be subject to state regulation. CONTACTS City of North Richland Hills 7301 NE Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427 -8000 Fax: (817) 427 -6016 httr) City Manager's Office Mark E. Hindman Karen Bostic ** City Manager Assistant City Manager (817) 427 -6003 (817) 427 -6003 Email: mhindman c�7.nrhtx.com Email: kbostic(7ar.nrhtx.com Jared Miller Jimmy Perdue Assistant City Manager Director of Public Safety (817) 427 -6003 (817) 427 -7000 Email: imiller(@,nrhtx.com Email: iDerdue(@,nrhtx.com Mike Curtis Managing Director (817) 427 -6400 Email: mcurtix(aMrhtx.com Mayor and City Council (817) 427 -6061 Oscar Trevino, Mayor Ken Sapp, Mayor Pro Tern John H. Lewis — Place 1 Tom Lombard — Place 3 Tim Barth — Place 4 David Whitson — Place 5 Scott Turnage — Place 6 Tim Welch — Place 7 ** Karen Bostic is the primary legislative contact for North Richland Hills CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 12 -13 -2010 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 12 -13 -2010 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096 - 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09)) CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 12 -13 -2010 Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, December 13, 2010 7:00 P.M. A.0 Calf to Order - Mavor Trevino A.1 Invocation - Councilman Lombard A.2 Pledae - Councilman Lombard A.3 Special Presentation(s) and Recoanition(s) - "Go Purple" check presentation to Communitv Enrichment Center presented by Councilman Barth AA Special Presentation(s) and Recoanition(s) - Texas Animal Control Association Volunteer of the Year Award presented by Councilman Whitson A.5 Special Presentation(s) and Recoanitions - Grant Contribution by SCORE to NRH Library presented by Councilman Lewis A.6 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.7 Removal of Item(s) from Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed bellow 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 November 8, 2010 Citv Council Meeting B.2 PU 2010 -027 Authorize Inter -local Purchasina Aareement with the Citv of Rowlett B.3 PU 2010 -029 Award Bid No. 11 -008 for Sewer and Water Pipe Material to Multiple Vendors B.4 PU 2010 -030 Renew Contract for the Miscellaneous Concrete Improvement with Hard Kountry Concrete B.5 PU 2010 -031 Approve Contract Renewal of Microsoft Enterprise Software Aareement with Dell Computers B.6 GN 2010 -104 Authorize the Citv Manager to execute a Joint Resolution with Tarrant Countv for 800 MHz Radio Maintenance Services B.7 GN 2010 -100 Consideration of Amendina Sections 2- 67(e)(2) and 2- 67(e) (8) of the Code of Ordinances and the Council Rules of Procedure Pertainina to Citizens Appearances - Ordinance No. 3120 B.8 GN 2010 -102 Consider Extension Aareement for Medical Director Contract B.9 PU 2010 -034 Award Bid No. 11 -009 for Dump Trucks to Southwest International in the amount of $260,988.. B.10 GN 2010 -101 Amendina Chapter 10 of the North Richland Hills Code of Ordinances - Reaulations for Amusement Centers and Billiard Halls - Ordinance No. 3122 [Mom ali:1a[aIm12F,.1IVIkgM - 1 C.1 SUP 2010 -08 Public Hearina and Consideration of a Reauest from Gary and Marie Rabel for a Special Use Permit for a Two Car Detached Garaae and Shop at 6800 Little Ranch Road - Ordinance No. 3117 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. W I M I l 1 E it ► t► [il : V 1 210 - 3 E.1 PW 2010 -040 Approve Professional Service Agreement with the RJN Group, Inc. for Phase II Sanitary Sewer Assessment Proiect in the amount of $350,743.00. E.2 PW 2010 -041 Revise the 2010111 Capital Proiect Budaet and Award of Proiect RFB No. 11 -006 to Stabile & Winn, Inc. in the Amount of $361,570.10 for the Construction of the Terry Drive Street Improvements Proiect (ST 1003) F.0 GENERAL ITEMS F.1 GN 2010 -103 Authorization to utilize aolf carts on public roads for parcel deliveries - Resolution No. 2010 -033 F.2 PU 2010 -032 Authorize the purchase of arant funded eauipment from Remotec (a Division of Northrop Grumman) Totalina $146,926 F.3 PU 2010 -033 Consider Renewal Option to the Iron Horse Manaaement Aareement with Everareen Golf Limited, L.P. F.4 GN 2010 -106 Authorize the Citv Manaaer to Sian an Extension to the Current Electric Supply Aareement for the Citv's Electricitv Needs Throuah December 31. 2018 - Resolution 2010 -034 F.5 GN 2010 -108 Pipeline Riaht- of -Wav Aareement with Texas Midstream Gas Services Companv for aas pipeline throuah citv owned propertv in the 9100 block of Mirk Lane G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work. Session Aaenda : KfM1► 1 go] :i►►il All[ �]ir1_1►1�►1.��1i]:i H.1 Announcements - Councilman Turnaae H.2 Adiournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. A.1 Subject: Invocation - Councilman Lombard CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. A.2 Subject: Pledge - Councilman Lombard CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Kristin Weegar Council Meeting Date: 12 -13 -2010 Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - "Go Purple" check presentation to Community Enrichment Center presented by Councilman Barth Summarv: The City of North Richland Hills, in partnership with North Hills Hospital, went purple this past fall to support the TCU Horned Frog Football Team and the local Community Enrichment Center. This join effort raised $2,520, which will be presented during the Council Meeting to the Community Enrichment. Center. General Description: City and hospital leaders realize the economic impact TCU has on North Richland Hills and the surrounding community. For that, they decided to declare every Friday before a TCU football game a "Go Purple Day." Residents and employees were encouraged to wear purple on Fridays throughout the 2010 TCU Football season. T- shirts were sold for $10.00 at North Richland Hills City Hall and North Hills Hospital. All proceeds from the sales of the shirts are being donated to the Community Enrichment Center. The shirt features this season's "Make it Happen" and "Purple Reign" slogans and has been worn by City and Hospital employees every Friday during the football season. Fans in the area were also encouraged to wear purple on Fridays to support their TCU Horned Frogs. Through the t -shirt sales at both City Hall and the Hospital, $2,520 will be presented to the Community Enrichment Center. After a successful 12 -0 season in 2009, the third ranked Horned Frogs continued the success by going 12 -0 in 2010 and have qualified for their second appearance in a BCS bowl. The Frogs will be playing in the Rose 'Bowl in Pasadena, California on January 1, 2011. The Community Enrichment Center is a faith -based non - profit organization serving Tarrant County families in crisis by providing the resources, tools and encouragement these families need to improve their lives and become self - sufficient. CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 12 -13 -2010 Presented by: Chun Mezger /Councilman John Lewis Agenda No. AA Subject: Special Presentation(s) and Recognition(s) - Texas Animal Control Association Volunteer of the Year Award presented by Councilman Whitson Summarv: The Texas Animal Control Association (TACA) offers an Outstanding Volunteer Award given for outstanding volunteer services. The North Richland Hills Animal Adoption & Rescue Center volunteer Janet G'Sell was awarded this honor for her work this year. General Description: TACA awards this distinction to a nominee who volunteers in animal welfare services, who demonstrates exceptional dedication or performed outstanding work beyond the requirements of the volunteer position and provides support or services that have benefited the nominating agency. Ms. G'Sell has been a volunteer with the North Richland Hills Animal Adoption & Rescue Center since 2007. Her dedication brings her to our shelter three or more days a week to take photos of adoptable pets for Petfinder, assist with animal placement group transfers and assist with customer service. Ms. G'Sell spends countless hours at home posting our adoptable animals onto Petfinder.com and dfwcares (a Yahoo group for animal placement groups). She also coordinates with placement groups to transfer our pets into other adoption programs to help find our pets a home. In addition to helping the North Richland Hills Animal Adoption & Rescue Center, Ms. G'Sell volunteers with the Richland Hills Animal Services Center and with Homeward Bound Animal Rescue. Currently Ms. G'Sell is a member of the Keller Animal Shelter Advisory Board and she also works a part-time job. CITY OF NORTH RICHLAND HILLS Department: Library Presented by: Steve Brown - Library Council 'Meeting Date: 12 -13 -2010 Agenda No. A.5 Subject: Special Presentation(s) and Recognitions - Grant Contribution by SCORE to NRH Library presented by Councilman Lewis Summarv: Officials of SCORE, a nationwide volunteer organization providing small business guidance and counseling under the auspices of the US Small Business Administration, will present a contribution of $1,000 to the 'NRH Public Library. General Descrir)tion: SCORE Chapter 122 and the NRH Library have been partners for nearly 15 years in fostering area small business development. This partnership, believed to be the first in the nation between SCORE and a public library, provides a counseling office and logistical support to SCORE volunteers who offer no -cost advice to current and prospective small business owners. SCORE's contribution of $1,000 will assist in expanding the small business counseling resources of the library. An existing small storage space will be converted into a second counseling office, providing the opportunity for additional SCORE small business counselors to meet with and provide guidance for members of the local business community. Councilman John Lewis, who has been a SCORE volunteer since 2005 and recently completed a 2 -year term as SCORE's North Texas District Director, will present the $1,000 grant to Library Director Steve Brown. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 12 -13 -2010 Presented by: Agenda No. A.6 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 Councill of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. A.7 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 12 -13 -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: 12 -13 -2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of November 8, 2010 City Council Meeting Recommendation: To approve the minutes of the November 8, 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 824 — NOVEMBER 8, 2410 k►►FLO]N i1&1 *14 197 The City Council of the City of North Richland Hills, Texas met in work session on the 8th day of November, 2010 at 5:00 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 (present at 5:08 p.m.) John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Councill. 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 Craig Hulse Economic Development Director Gregory VanNieuwenhuize Assistant Public Works Director Andy Jones Fire Chief Chris Amarante Facilities & Construction Director Bill Thornton Assistant 'Parks Director Jamie Brockway Purchasing Manager Chris Swartz NRH2O Park Manager Joe Pack Capital Projects Superintendent Mike Hamlin Assistant Police Chief Kristin Weegar Marketing & Research Coordinator Call to Order Mayor Trevino called the work session to order at 5:00 p.m. A.1 Discuss Items from Regular Citv Council Meetinq There were no questions from the Council. A.2 Review Competitive Sealed Proposals Received and Recommendations for Construction of the New Food Services Building and New 2011 Attraction at NRH20 Ms. Vickie Loftice, Managing Director, presented a PowerPoint presentation explaining staff's recommendations for proceeding with the implementation of the new 2011 attraction and food services building at NRH2O. The two projects were combined and competitive sealed proposals were received from six contractors. The lowest bid of $3,053,892 was received from the Fain Group. The available construction budget is $2,141,810. Staff directed the city's consultant Schrickel Rollins and Associates to work with the Fain Group to explore value engineering methods to bring the total contract within the available funding without affecting the overall entertainment value of the project. Ultimately it was determined to be in the City's best interest to reject all bids, revise the specifications and re -bid the new 2011 attraction separately from the food service building. An item is on the council's regular agenda to reject the bids. Staff is also requesting authorization to order the slide allowing the ride to open for the 2011 season. Competitive Sealed Proposals were received in dune for the new attraction and Whitewater West was selected. An item has also been placed on the regular agenda for Council to consider the purchase of the slide from Whitewater West. Schrickel Rollins will redesign the bid package and reissue the bid packets to include only installation and associated infrastructure for the slide. Schrickel Rollins will also redesign the food services building to fit into the allotted budget. The food services building will be bid in late summer of 2011 with an opening date of 2012. Councilman Sapp Present at 5:08 p.m. A.3 Presentation on Procosed Seismic Survev Mr. John Pitstick, Director of Planning, introduced Mr. Ron Underwood with Gateway Permit Services representing Dawson Geophysical and Chesapeake Energy. Mr. Underwood presented a PowerPoint presentation on the technology and proposed right of way seismic survey planned to begin in the City in January 2011. Dawson Geophysical Survey is conducting a right of way seismic survey for a 35 square mile area that includes parts of Fort Worth, Haltom City, Richland Hills, southern part of Hurst, Bedford and Euless and the southern part of North Richland Hills (,primarily south of Glenview Drive). The work will begin in Fort Worth in November and will move eastward with plans to be in North Richland Hills in mid - January for three to four weeks. Dawson will also conduct a larger survey in mid -2011 that will include the remainder of North Richland Hills. Mr. Underwood explained the need for the seismic survey, the process, procedures in place to address citizen concerns and how citizens will be notified of their work activity. Staff advised Council that the City would also communicate information about the seismic survey in the City's Winter Newsletter. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 1) Hometown Urban Partners, Ltd. vs. Citv of North Richland Hills (No. 096 - 236530 -09): 2) Arcadia Land Partners 25 Ltd., et al vs. Citv of North Richland Hills (No. 067 - 241297 -09): 3) Venue at Hometown vs. Citv of North Richland Hills, et al (No. 352 - 237213 -09) B.2 Executive Session: Pursuant to Section 551.071. Texas Government Code for Consultation with Attornev reaardina pending Litiaation: 1) Friend v. Citv of North Richland Hills, et al No. 342 - 218419 -06: 2) HomeTown Urban Partners vs. Citv of North Richland Hills Cause No. 096- 236530 -09: 3) Arcadia 'Land Partners 25 Ltd. vs. Citv of North Richland Hills, Cause No. 067- 241297 -09: 4)Venue at HomeTown vs. Citv of North Richland Hills and David Pendlev. Building Inspector, Cause No. 352- 237213 -09: 5) Graham Associates, Inc. vs. Citv of North Richland Hills No. 153 - 245913 -10: 6) Citv of North Richland Hills vs. AHK Properties: 7) United States of America and The State of Texas ex rel. Douglas Moore, and Douglas Moore, Individuallv, vs. Cities of Addison etc No. 3- 10CV02333 -K. Mayor Trevino announced at 5:32 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 for the following: • Consultation with attorney regarding pending litigation including but not limited to — 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) • Consultation with attorney regarding pending litigation for the following lawsuits 1) Friend v. City of North Richland Hills, et al No. 342 - 218419 -06; 2) HomeTown Urban Partners vs. City of North Richland Hills Cause No. 096 - 236530 -09; 3) Arcadia Land Partners 25 Ltd. vs. City of North Richland Hills, Cause No. 667 - 241297 -09; 4) Venue at HomeTown vs. City of North Richland Hills and David Pendley, Building Inspector, Cause No. 352 - 237213 -09; 5) Graham. Associates, Inc. vs. City of North Richland Hills No. 153 - 245913 -10; 6) City of North Richland Hills vs. AHK Properties; 7) United States of America and The State of Texas ex rel. Douglas Moore, and Douglas Moore, Individually, vs. Cities of Addison etc No. 3 -1 OCV02333 -K. C.0 Adiournment Mayor Trevino announced at 6:37 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.4 CALL TO ORDER Mayor Trevino called the meeting to order November 8, 2010 at 7:03 p.m. ROLL CALL Present: Oscar Trevino Ken Sapp John Lewis Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch M ayor Mayor Pro Tem, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Sol'ko George Staples City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Mayor Pro Tem Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tern Sapp led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION Mayor Pro Tern Sapp recognized the following members from the Youth Advisory Committee — Megan Servage, Lynsey McDonald, Kim Horany, Madeline Orr, and Nicole ?ajimovie. The following individuals spoke on the need for sidewalks on Mackey Drive when the street is reconstructed citing safety concerns and numerous children in the neighborhood walking to the nearby school. Tina Dorsey, 4424 Mackey Drive James Dorsey, 4424 Mackey Drive Joey Dorsey. 4424 Mackey Drive Sarah Ransdell, 4318 Mackey Drive Katie Cochran, 4117 Mackey Drive Wade Mathis, 4132 Morgan The following individuals did not speak, but submitted a public meeting appearance card advising they did not wish to speak, but wanted to go on record as being in support of sidewalks on Mackey Drive. Cameron Lopez, 4116 Mackey Drive Madelin Lopez, 4116 Mackey Drive Monica Lopez, 4116 Mackey Drive Kimberly Cochran, 4117 Mackey Drive Randle Cochran, 4117 Mackey Drive Ms. Barbara Horne, 4146 Mackey Drive, submitted a petition containing signatures of individuals who were opposed to sidewalks on Mackey Drive when the street is reconstructed. Ms. Horne spoke against sidewalks being placed on Mackey citing driveways not being long enough to park two cars deep without blocking the sidewalk and not wanting tree roots disturbed. Mayor Trevino advised the citizens that the Council was unable to discuss the subject because it was not on the posted agenda, but asked Mike Curtis. Public Works Director, and Jimmy Perdue, Police Chief to meet with the citizens and address their concerns. 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 OCTOBER 25, 2010 CITY COUNCIL MEETING B.2 PU 2010 -025 AWARD BID NO. 11 -002 FOR STREET SUB -GRADE STABILIZATION TO RELIABLE PAVING IN THE AMOUNT OF $72,774.70 COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PUBLIC HEARINGS C.1 SUP 2010 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GOHEEN ENTERPRISES FOR A SPECIAL USE PERMIT FOR A VARIANCE FROM MASONRY REQUIREMENTS AT 4028 RUFE SNOW DRIVE ORDINANCE NO. 3118 APPROVED Mayor Trevino opened the Public Hearing. Mr. Raymond Goheen, 4028 Rufe Snow, applicant, presented his request for a special use permit. Mr. Goheen's business, Goheen Enterprises /Professional Safety Systems, has grown and he desires to expand both the site and the existing structure of his business. The expansion will occur on the rear of the existing predominately metal structure. Mr. Goheen is requesting a variance to allow the new structure to be painted metal on all sides except those on the front which extend past the edge of the existing structure and face Rufe Snow. The existing building includes approximately 30 percent masonry on the front elevation facing Rufe Snow Drive. Mr. Goheen is proposing to increase the masonry on the front elevation of the existing structure to cover the full elevation. Parking is being expanded to the lot on the north and the proposed chain Fink fence along the north property line will include vinyl slats. Mr. John Pitstick, Director of Planning, summarized the item. The Planning and Zoning Commission recommended approval with the condition that the proposed chain link fence along the north property line include weatherproof slats in natural color. 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 WELCH MOVED TO APPROVE SUP 2410 -05, ORDINANCE NO. 3118 AND UPHOLD THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION REQUIRING THE PROPOSED CHAIN LINK FENCE ALONG THE NORTH PROPERTY LINE TO INCLUDE WEATHERPROOF SLATS IN NATURAL COLOR. COUNCILMAN'WHITSON SECONDED THE MOTION.. (NOTION TO APPROVE CARRIED 7 -0. C.2 SUP 2010 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RONALD DUNLAP FOR A SPECIAL USE PERMIT FOR A THREE CAR DETACHED GARAGE AT 7955 BURSEY ROAD - ORDINANCE NO. 3119 APPROVED Mayor Trevino opened the public hearing. Mr. Ronald Dunlap, 7248 Glenview Drive, representing the property owner, requested approval of a special use permit to allow the construction of a detached three car garage at 7955 Bursey Road. Mr. Dunlap advised the garage would be fully bricked. Mr. John Pitstick, Director of Planning, presented the item. The property is zoned Agricultural and by ordinance accessory structures larger than 500 square feet located and constructed in agricultural zoning district require a special use permit. The Planning and Zoning Commission recommended approval of the special use permit. Mayor Trevino called for anyone wishing to speak in favor of the request to come forward. Mr. Jack Roth, 7955 Bursey Road, property owner, spoke in support of the item. Mayor Trevino called for anyone wishing to speak in opposition to the request to come forward. There being no one else wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM SAPP MOVED TO APPROVE SUP 2010 - 06, ORDINANCE NO. 3119. COU NCILMAN LEWIS SECONDED THiE MOTION. MOTION TO APPROVE CARRIED 7 -0. IJW�l01011Z "A9]ATJ=1W1•];jITil=1►l III D.1 RP 2010 -02 CONSIDERATION OF A REQUEST FROM QUICK TRIP TO APPROVE A REPLAT CREATING LOTS 1R AND 2R -1, BLOCK 1, FIVE STAR FORD ADDITION (LOCATED AT THE SW CORNER OF RUFF SNOW DRIVE AND NE LOOP 820 - 16.081 ACRES.) APPROVED Mr. Jake Bayer, Real Estate Manager for Quick Trip Corporation, 1120 N. Industrial Blvd., Euless, presented Quick Trip's request to approve a replat of the property located at the southwest corner of Rufe Snow Drive and Northeast Loop 820. Mr. John Pitstick. Director of Planning, presented the item. The applicant is requesting approval of a replat of a 16 -acre lot into two separate lots. The replat includes the Sam Pack Five Star Ford dealership property and subdivides off 1.55 acres to create a lot for the proposed Quick Trip convenience store. The dealership will remain on the remaining 14.52 acres. The replat consists of mutual access easements and an access point off of the Northeast Loop 820 eastbound frontage road. The Planning and Zoning Commission recommended approval of the replat. COUNCILMAN TURNAGE MOVED TO APPROVE RP 2010 -02. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.2 RP 2410 -03 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS PARKS AND RECREATION DEPARTMENT TO APPROVE A REPLAT CREATING LOTS 1 AND 2, BLOCK 1, NRH CIVIC CENTER ADDITION (LOCATED AT 6400 HAWK AVE. - 14.509 ACRES.) APPROVED Mr. Bill Thornton, Assistant Parks Director, representing the City as the applicant, presented the Park and Recreation Department's request for a replat of 14.5 acres to create two lots. The replat will combine the platted property where the NRH Public Library is located with the unplatted tract that is contiguous on the north side of the library lot and is where the new Recreation /Senior Center will be located. Mr. John Pitstick, Director of Planning, briefly summarized the item and advised the Planning and Zoning Commission recommended approval of the replat. COUNCILMAN LOMBARD MOVED To APPROVE RP 2010 -03. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 1111- 311 191r►T[6]N:IR E.1 PW 2010 -039 TERMINATE THE CONSTRUCTION CONTRACT OF PROJECT RFB NO. 10 -041 TO J & T EXCAVATING IN THE AMOUNT OF $1,109,257.10 FOR THE CONSTRUCTION OF THE DOUGLAS LANE STREET AND UTILITY IMPROVEMENTS PROJECT (ST0801) FROM HIGHTOWER DRIVE TO STARNES ROAD AND AWARD THIS PROJECT TO JLB CONTRACTING IN THE AMOUNT OF $1,116,622.81 APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Council awarded a contract to J & T Excavating in the amount of $1,109,257.10 on August 9 for the Douglas Lane Street and Utility Improvements Project. In October staff learned that J & T would be unable to perform. SureTec Insurance Company has informed the City that J & T is no longer going to be in business. Staff is recommending the contract be awarded to the second lowest bidder, JLB Contracting. JLB has agreed to honor their bid amount even though the time period for "holding bids" has expired. JLB's bid was $7,365.71 more than J & T's bid. With the execution of a settlement agreement, SureTec is receptive to paying the difference between J & T's bid and JLB's bid. Staff is recommending the following: 1) Terminate the construction contract of Project RFB No. 10 -041 to J & T Excavating in the amount of $1,1 09,257.10 for the construction of Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road; 2) Authorize the City Manager to execute the settlement agreement with SureTech; 3) Award Project RFB No. 10 -041 to JLB Contracting in the amount of $1,116,622.81 for the construction of Douglas Lane Street and 'Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road; and 4) Authorize the City Manager to execute the required agreement with JLB Contracting. COUNCILMAN WHITSON MOVED TO APPROVE PW 2010 -039 AS RECOMMENDED BY STAFF. COUNCILMAN LOMBARD SECONDED THE MOTION. (NOTION TO APPROVE CARRIED 7 -0. c]=1hI =1;?Ag III d =1 L�? F.1 GN 2010 -094 CONSIDERATION OF AMENDING SECTIONS 2- 67(E)(2) AND 2- 67(E)(8) OF THE CODE OF ORDINANCES AND THE COUNCIL RULES OF PROCEDURE PERTAINING TO CITIZENS APPEARANCES RESOLUTION NO. 2010 -031 APPROVED Mr. Mark Hindman, City Manager, presented the item. The item introduces into record two amendments to the Council) Rules of Procedure. The first amendment clarifies the procedure for persons wishing to speak on agenda items that are not listed as public hearing items by allowing them to submit a request to speak card prior to the subject matter coming up in the meeting. Any member of the council may request that the person be heard and if there is an objection, the question of whether the person shall be heard will be put to a majority vote. The second proposed amendment modifies the provision under citizens presentation to exclude matters that are before a staff board or stakeholders meeting designed to receive citizen input within 60 days. COUNCILMAN LOMBARD MOVED TO A PPROVE RESOLUTION N O. 2010 -031 ENTERING INTO RECORD THE COUNCIL'S DESIRE TO AMEND THE COUNCIL RULES OF PROCEDURE. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 PU 2010 -026 AUTHORIZATION TO REJECT ALL BIDS RECEIVED FOR BID #11 -004 FOR THE CONSTRUCTION OF THE NEW FOOD SERVICES BUILDING AND NEW 2011 ATTRACTION AT NRH2O APPROVED Ms. Vickie Loftice, Managing Director, presented the item. Staff is recommending Council reject all bids received for the construction of the new food services building and the new 2011 attraction. During the work session, Staff discussed with Council the bids exceeding the available funding and staff's recommendations for proceeding with the implementation of the 2011 new attraction and food services building. Staff is recommending that all bids be rejected, the specifications revised and the 2011 attraction be re -bid separately from the food services building. COUNCILMAN WHITSON MOVED TO APPROVE PU 2010 -026, REJECTING ALL BIDS RECEIVED FOR BID #11 -004 FOR THE CONSTRUCTION OF THE NEW FOOD SERVICES BUILDING AND THE NEW 2011 ATTRACTION. MAYOR PRO TEM SAP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Councilman Sapp recognized Walter Obot, Boy Scout Troop 349, who is working on his citizenship in community badge. F.3 GN 2410 -495 AMEND CHAPTER 42 OF CODE OF ORDINANCES BY ADDING DIVISION 3, ILLEGAL SMOKING PRODUCTS - ORDINANCE NO. 3121 APPROVED Mike Hamlin, Assistant Police Chief, presented the item. Council is requested to consider an ordinance prohibiting the use, purchase, possession, and sale of synthetic cannabinoids (sold under names such as K -2 or SPICE) and Salvia divinorum (sold under names such as DIVINER'S SAGE OR MAGIC MINT). MAYOR PRO TEM SAPP MOVED TO APPROVE GN 2010 -095, ORDINANCE No. 3121. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2010 -096 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT FOR NIGHT OF HOLIDAY MAGIC PROPERTY USE APPROVED Andy Jones, Fire Chief, presented the item. Staff is requesting Council authorize the City Manager to execute an agreement with Hometown Urban Partners, Ltd for the temporary use of land they own located between Parker Boulevard and the NRH2O parking area. The agreement will authorize the temporary use of their property during the Night of Holiday Magic festivities on December 4. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -096, AUTHORIZING THE CITY MANAGER TO EXECUTE THE TEMPORARY LAND USE AGREEMENT BETWEEN THE CITY AND HOMETOWN URBAN PARTNERS, LTD. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2014 -097 AMEND CONTRACT WITH BYRNE CONSTRUCTION FOR CONSTRUCTION MANAGER AT RISK SERVICES ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR THE CONSTRUCTION OF THE NEW RECREATION CENTER APPROVED Ms. Vickie Loftice, Managing Director, presented the item. On December 14, 2009 Council awarded a contract to Byrne Construction for Construction Manager at Risk Services (CMAR) associated with the construction of the new recreation center. The contract provided that when the subcontractor bids were received, the contract would be amended to reflect a Guaranteed Maximum Price for the construction phase of the project. Staff is recommending the amendment of the contract to establish a guaranteed maximum price in the amount of $20,970,654 for the construction of the new recreation center for a total contract amount of $20,989,154. COUNCILMAN WELCH MOVED TO APPROVE GN 2010 -097, AMENDING THE CONTRACT FOR THE CONSTRUCTION MANAGER AT RISK SERVICES WITH BYRNE CONSTRUCTION, ESTABLISHING A GUARANTEED MAXIMUM PRICE IN THE AMOUNT OF $20,970,654 FOR THE CONSTRUCTION OF THE NEW RECREATION CENTER, FOR A TOTAL CONTRACT AMOUNT OF $20,989,154. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.6 GN 2010 -098 SALE OF LAND PARCEL 155 TO THE STATE OF TEXAS - RESOLUTION NO. 2010 -032 APPROVED Chief 'Perdue presented the item. The item is to authorize the sale of a .3118 acre parcel of city owned property to the State of Texas for the Loop 820 widening project for the appraised value of $24,811.00. The property is located on the north side of Loop 820, east of Cummings Drive and adjacent to the drainage channel. Approval of Resolution No. 20120 -032 will authorize the sale of the property and authorize the City Manager to execute a deed to the State. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION NO. 2414 -032, GN 2014 -098. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.7 GN 2010 -099 AWARD OF BID RFP NO. 10 -035 TO WHITEWATER WEST FOR PURCHASE OF NEW 2011 ATTRACTION AT NRH20 APPROVED Mr. Bill Thornton, Assistant Public Works Director, presented the item. The NRH2O Capital Budget includes a new attraction scheduled to open in 2011. The item is to award the bid for the purchase of the new attraction. Competitive Sealed Proposals were received in June and staff is recommending awarding the bid to Whitewater West. Whitewater West's proposal includes fabrication and delivery of all slide components necessary to install the attraction in time for the 2011 summer season. Council's approval of Item F.2 rejected the bids for the construction of the attraction with the new food services building and Schrickel Rollins and Associates is redesigning the bid package to include only installation and associated infrastructure for the slide. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -099, AWARDING BID #RFP NO. 10- 035 TO WHITEWATER WEST FOR PURCHAS OF THE NEW 2011 ATTRACTION AT NRH2O IN THE AMOUNT OF $731,000. COUNCILMAN BARTH SECONDED THE MOTION.. (NOTION TO APPROVE CARRIED 7 -0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. The City of North Richland Hills invites you to attend the annual Veterans Day Celebration on Thursday, November 11 at Liberty Park, located at 5825 Holiday Lane. This event will honor all who have served our country. For more information, please call the Parrs & Recreation Department at 817- 427 -6620. Keep NRH Beautiful is partnering with the BISD Clothes Connection and Cornerstone Assistance Network to provide warm coats and blankets for those in need in our community this winter. Please clean out your closets and drop off your extra winter coats and blankets at the NRH Neighborhood Services Department, located at 7200 -C Dick Fisher Drive South. Donations will be accepted through November 12th. For more information, please call 817 -427 -6650. In celebration of Texas Recycles Day, the annual Northeast Recycles Day Flea Market will be held Saturday, November 13th from 8 a.m. to 3 p.m. in the parking lot of the ATI Career Training Center located at 6351 Boulevard 26. Residents are invited to shop for bargains from over 100 vendors. Residents may also drop off unwanted electronics for recycling. For more information, please call 817 -299 -1830. The November 22nd City Council Meeting has been cancelled. The next City Council Meeting will be held on Monday, December 13. Kudos Korner — Lori Newman, Parks and Recreation Department. A resident e- mailed to express her appreciation to Lori for the recent concert and dancing event at Stormy Plaza. The resident and her family were pleased by the great music and fun dancing. Everything was wonderful and they wanted to thank Lori and all of the recreation employees who organized this great event. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:29 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: (Finance Council 'Meeting Date: 12 -13 -2010 Presented by: Larry Koonce Agenda No. B.2 Subject: PU 2010 -027 Authorize Inter -local Purchasing Agreement with the City of Rowlett Summarv: This item is a request for Council to approve an inter -local purchasing agreement with the City of Rowlett. General Descrit)tion: City of North Richland Hills staff is requesting to enter into an inter -local purchasing agreement with the City of Rowlett for the purchase of goods and/or services from vendors selected through the competitive bidding process. The City of Rowlett has a screening wall repair and maintenance contract that the NRH Parks Department believes would be a better deal than could be achieved through an individual bid. An inter -local purchasing agreement with the City of Rowlett will allow the City of North Richland Hills to purchase these services, as well as other City of Rowlett contracted services. Council has authorized several of these inter -local agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and/or services. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Rowlett may change or cancel the agreement with a 30 -day written notice. North Richland Hills currently participates in inter -local agreements with several local governments. Some of the agreements are with the City of Cedar Hill for the purchase of EMS medical supplies, Tarrant County for the purchase of road materials and the City of Hurst for the purchase of auto parts. Recommendation: Authorize an inter -local agreement with the City of Rowlett. CITY OF NORTH RICHLAND HILLS Department: (Finance Presented by: MCurtis /LKoonce Council Meeting Date: 12 -13 -2010 Agenda No. B.3 Subject: PU 2010 -029 Award Bid No. 11 -008 for Sewer and Water Pipe Material to Multiple Vendors Summarv: Request the approval of Council to award Bid No. 11 -008 for sewer and water pipe material to multiple vendors to obtain the best value for the city. General: In the 2010/2011 approved budget, Council appropriated funds for the purchase of various sewer and water pipe materials for replacement of broken or deteriorated main lines in the city. These materials are used by the Public Works Department and are ordered and delivered on an as needed basis or picked up from the vendor's site. Funding for the material is budgeted accordingly in the annual operating budget through the Utility and Construction Divisions of Public Works. Notice of the city's intent to bid was advertised in local newspapers as required by State statute, and posted to the city's Website. Twenty one (21) vendors were contacted and invited to participate in this bid process. Bid specifications were viewed from the city's website by eight (8) additional vendors. Six (6) competitive bids were received from the vendors listed below: Vendor Morrison MSC Waterworks HD Supply Ferguson Waterworks ACT Pipe & Supply Atlas Utility Supply Sections A $58, 893.50 $59,218.50 $60,219.50 $62,330.00 $64,128.00 $80,292.50 Section B Section C $26 $6,107.00 $27,660.00 $5,635.00 $27,340.00 $4,942.00 $27,996.90 $5,369.24 $28,556.90 $4,804.00 $27,550.00 $6,126.00 The Public Works and Purchasing Departments have evaluated all the bids and checked references for each of the vendors who submitted bids for this material. Public Works and Purchasing recommend awarding to the low 'bidder per section to obtain the best value for the city. Recommendation is being made to award Section "A" and "B" to Morrison Supply and Section "C" to ACT Pipe & Supply. Recommendation: To award Bid No. 11-008 Sewer and Water Pipe Material to Multiple Vendors nth lc? hood -ilea NFZH R EB 11 108 SEWER AND WATER PIPE MATERIAL THURSDAY. Ng EMBER 11. 2 =110 2:31 P.M ITEM DEScRIRTIUN VENDOR MUCF1Sc5+5 SUpPly M5u W;jtur jrkm 144 Supply F rrju:s n WaturvDvkn ACT Piet S Supply Atlaii Utility Supply Waxahachie TX Bach Sprin-Rs, TX Waterworks Richland Euless, TX F -0 rt 'No rt h TX FDrtWorth TX A QTY U(m UHrr TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT I TOTAL 1 i2"DR18C PVC 200 LE $11.87 $2,394.00 $ $2 ,398.00 $1 1.85 12,370.00 $12.70 $2,540.0) $12.87 $2,%4 J00 414.15 $3,230.00 wow 2 10"43RI$C -9mPVC t50 LF $9.49 $1,273.50 $851 $1,276.50 $9.01 ,(x1,351.50 $9.00 $1,35000 $9.20 $1384.00 $11.43 $1,717.60 Waller 'Pave 3 "' 48 0400 PVC 41u 540 LF $5 $2 .7 80 00 $5 5S $2 $556 52,7 $5,90 $2.95000 $604 33ld24A0 $765,825.0€f Pipe 4 6" DRi 8 0,900 PVC Waw 14,01X LF $325 $45.500 00 $327 $45.M 00 $334 $415.760 S3 44 W..160 00 $,354 $49,5W.00 $4.40 $$1,400 00 Pipe 5 4' 04'#18 0.800 PVC Wa 404 LE 31+6 $ 31.8+15 $654.40 $1.73 $692.00 $1.75 $760.00 51.78 $716410 $225 $00.04 P 6 4" 7414' SOR 35 Sewer 2000 L€ X168 $1,360.00 $rO.E8 51,36(7.0) $0147 51,40000 ;{,(1.71 $1,420A0 $0.74 $1�11W.00 $0.96 $1,900.00 pio T W X it SM 36 Sewer 1400 LF $1 45 32,030,04 $1.46 $2.04400 $143 12,00200 $1.53 $2,1+42.00 $1.59 $246,00 $210 $12,W 00 pwo $ 6' 7t 14' S 35 Sewer LF $2 $2.0W00 $2.61 52,t 00 $2 S•9 $2,05400 $2.76 $2,20,400 ?x2.83 52264.40 '375 $3,000,00 pim 1) 10"74 14' S5 IR 35 Seww 2W LF $4.06 $W812.00 $4.09 $818.40 $4.00 $8W.00 $4.30 $860 $4:44 $m8b0 $5.90 $1 ,180.00 Sa4tion "A" TOTAL =x5$,m so $59,218.50 560,219.50 $62,330,00 $64,128.00 W,292,50 SE C ana 0 r.1TY Uom Lwff TCrrAL uNR T43TAL uNIT TOTAL U NT T47TAL UNT TOTAL UNIT I TOTAL 1 1'S ' y COUPI g 110 EA $x15+6,50 $17,215A11 $166JW $18.260.00 $WD0 $18,040.00 $166.79 $18,348.9D $1171.39 #18,862.11) $i1 JO0 $16,1500 (lRM 0 26 +0.0768-760 2 0 Ccepsr16 8"" #200-0��1 Sd EA $17 $$NO.0Q $18840 $9A00.00 $18600 $9,34404 $1 $9,650.00 $194.05 $9,704.00 '$188.6) ",400.00 (Pot � 26 -2 61 S*ctlort "Er' TOTAL 526,065.00 X7,684,00 $2 7.W.00 $27,998.90 $28.W.90 $ 27,5M.00 IaCT10N C I LIOM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNT TOTAL UNT TOTA4. UHrT I TOTAL � QTY 1 W4CarlW Tag (Sail y $486 $972,04 $484 $96800 $4 03 $80500 $4.35 $870,50 $3 95 $79400 $498 $996DO Ooi Tune 14! 2 1 "Copper (SO 200 LF $&35 $1 $6.32 $1 2.00 $:5.26 $ 1, 05200 $5.67 $1 ,134. 1 4 $5.14 $1,028.00 $6.50 $1,30}. Cali TvP6 KC ,270.00 3 r Coppeir Tub" 4 100 LF $-16.96 $1,695.00 $16.98 $x1,896.00 $14.14 $1,414.00 $15.15 $11,515.15 $13.71 $1,371 $17-40 $1,740.00 "TVP* ii) -00 4 r P *4 vroPvkft 1500 LF $0.32 $480.CO #0.35 $525.00 $0.28 5420.00 $1027 $399.45 ;x.31 $465.CO $0.36 $540.00 5 1' PYSlypropy41M ki erh 1,000 EA $1 69 $1,690.00 $1,18 $1,180,00 $1.25 $1,25000 $1.4,5` $1,454.00 $1.15 $1,15000 $155 51.554.00 Section "C7' TOTAL 56,107,00 $5,835,40 ;x+1, 942,00 $5,369.24 $4,$04,00 $6,126,00 NRH CITY OF NORTH RICHLAND HILLS PUBLIC WORKS MEMO TO: Jamie Brockway, Purchasing Agent FROM: Jimmy Cates, Operations Manager DATE: November 19, 2010 SUBJECT: SEWER AND WATER PIPE MATERIAL The Public Works Department has reviewed the bid proposals for Sewer and Water Pipe Material. Based upon our review and evaluation of the bids, the department is recommending the following bid awards: • Section A Morrison Supply $58,893-50 • Section B Morrison Supply $26,065-00 • Section C ACT Pipe & Supply $4,804.00 All materials are estimates and the department has the ability to increase or decrease the needed amount of materials, per bid specifications. The account numbers used to purchase these materials are: 405-6004-731.43-41 Water System Repair and Maintenance 405-6005-731.43-42 Sewer Line Repair and Maintenance The department will not be purchasing all materials during this fiscal year. Purchases will occur throughout the fiscal and into the next year. The account balances for this year will not show enough funding for the materials because a lot of the materials have already been purchased under a different annual contract. Please let me know if you have any questions. �90i Cates atlions Manager i p e r JC/th/Pwm2010-030u CITY OF NORTH RICHLAND HILLS Department: Finance /Public Works Presented by: JCates /LKoonce Council 'Meeting Date: 12 -13 -2010 Agenda No. B.4 Subject: PU 2010 -030 Renew Contract for the Miscellaneous Concrete Improvement with Hard Kountry Concrete Summarv: This item is a request for Council to approve a one year extension for the contract with Hard Kountry Concrete for miscellaneous concrete improvements. Backaround: The FY 2010120111 approved budged for the Public Works Department consists of funds to repair and make improvements to the city's concrete infrastructure. These repairs and improvements consist of replacing street curb and gutters, sidewalks, handicap ramps, driveway approaches, and drainage facilities. The quantity of work is estimated and is done on an as needed basis. Formal bids were solicited and a contract to provide these services was approved during the November 9, 2009 (PU2009 -0043) Council meeting. The bid specifications called for pricing to remain firm for a twelve (12) month period with options to extend the contract an additional three (3) twelve (12) month periods providing it remains cost effective for the city as well as Hard Kountry Concrete. Public Works has reviewed the services provided by the vendor and the vendor's work has met the department's expectations. The vendor has agreed to extend the same contract pricing through November 9, 2011. Purchasing staff has reviewed the current market and recommends that we continue or relationship with Hard Kountry Concrete. Recommendation: To renew contract bid 010 -003 for the Miscellaneous Concrete Improvements to Hard Kountry Concrete. North 'Richland Hills November 10, 2010 Hard Kountry Concrete Kenny Marshall 5533 Taylor Rd. Fort Worth, 'Texas 76114 Ph - 817- 994 -1640 Ref: RFB 10 -003 for the Miscellaneous Concrete Improvements Dear Mr. Marshall; Referenced contract was for One (1) year with three (3) options to renew for additional twelve (12) months each. The original contract was for the period of November 10, 2009 through November 9, 2010. The effective dates for the first (1 �') renewal option will run from November 10, 2010 through November 09, 201 1. The North Richland Dills Purchasing Department hereby extends an invitation to Hard Kountry Concrete for an additional one (1) year period for this contract per award letter dated November 10, 2009. Please mark the appropriate response below and provide your signature above your printed name. All prices trust remain firm for the Optional Renewal period through November 9, 2011. ( - 6 Yes, Lard Kountry Concrete will accept the offer to extend the same contract pricing through November 9, 2011. No, Hard Kountry Concrete will NOT accept the offer to extend the same contract pricing through November 9, 2011 Please fax your signed response to (S 17) 427 -6151 by November 19 2010. Sincerely, I• ��tl --L� �.+�` ^"/�I{• �GF ! A4�Y� I / I l:�A ` Jotnie Brockway, Purchasing M."ager Kenneth Marshall City of North Richland Hills Hard Kountry Concrete CITY OF NORTH RICHLAND HILLS Department: Information Services Presented by: Kyle Spooner Council Meeting Date: 12 -13 -2010 Agenda No. S.5 Subject: PU 2014 -031 Approve Contract Renewal of Microsoft Enterprise Software Agreement with Dell Computers Summarv: The Enterprise Agreement is a volume licensing agreement which includes Microsoft licensing and software upgrades for all of the city's desktop computers and servers. The software included in the agreement includes operating system software, the Office suite of products, SQL databases, Exchange email, and Network Client Access licenses. The City has renewed the agreement twice, with the current agreement being approved by Council on 'November 12, 2007 and expiring on January 15, 2011. The State of Texas Department of Information Resources (DIR), on behalf of the State of Texas, entered into an Enterprise Agreement with 'Microsoft Corporation for State and Local Governments. Additionally, DIR entered into an agreement with Dell Computers to provide this software to local governments. All State competitive bidding requirements for this purchase will be met by participating in the DIR cooperative purchasing program. City staff has been pleased with the service provided under this agreement and is recommending renewing the agreement for 3 years. General Descrir)tion: The City currently is licensed for 530 PCs and 28 SQL servers that will utilize this agreement at a renewal cost of $96,547.40. The City will save approximately $263,000 annually, versus individual purchase of licensing and software upgrades, thus reducing our total cost of ownership and expense. The three -year agreement can be cancelled at the end of any of the one -year agreements. The City will also be required to sign a "State and Local Government Enterprise Enrollment" licensing agreement with Microsoft. Recommendation: Authorize the City Manager to renew the Microsoft Enterprise Agreement with Dell Computers. Page 1 of 2 Dell Customer Confidential Casey Dellsperger Celeste Williams L 4a� L Quota o t a t i o n Inside Account Manager $50 Asbury , Buffalo Grove, IL 80089 Inside Account Manager 850 Asbury e, Buffalo Grove, IL 600'89 P: (847) 465 -3700 P: (847) 465 -3700 Quo Number: CXD10100401 -R15 F: (866) 610 -5636 F: (866) 549 -8212 Casey_Dellsperger@Dell.com Celeste Williams @Dell.com Quote Expires: Nov 30, 2010 Customer: CITY OF NORTH RICHLAND HILLS Contact: Kyle Spooner Customer # : 319030 Phone: Fax: E -mail kspooner@nrhtx.com Date of Issue: Nov 19, 2014 PLEASE SEE IMPORTANT TERMS AND CONDITIONS AT THE BOTTOM OF THIS QUOTATION State Contract: DIR -SDD -1014 Product Description Part # Mfg # Quantity Unit Price Ext. Price WINDOWS VISTA BUSINESS ALL LNG SA MVL 66J -04734 530 $33.49 $17,749.70 PLATFORM WIMDOP OFFICE PROFESSIONAL PLUS ALL LNG SA MVL 269-12442 530 $71.77 $38,038.10 PLATFORM CORE CALCLIENT ACCESS LIC ALL LNG SA WO6 -01072 530 $25.52 $13,525.60 MVL PL ATFO R M USER CAL SQL CAL LANGUAGES SA MVL PLATFORM 359 -00961 530 $18.34 $9,72020 USER CAL EXCHGSVRENT ALNG SA MVL 395 -02504 2 $633.93 $1,267.86 FRFRNTTMGSTD ALNG SA MVL 1PROC 4WD -00286 1 $205.73 $205.73 SHAREPOINTSVR ALNG SA MVL H04 -00268 1 $771.09 $771.09 SQLSVRSTD ALNG SA MVL 228 -04433 8 $140.34 $1,122.72 SYSCTRCNFGMGRSVR ALNG SA MVL J3A -00162 1 $90.90 $90.90 SYSCTROPSMGRSVR ALNG SA MVL UAR -006+61 1 $91.70 $91.707 SYSCTROPSMGRSVRMLSTD ALNG SA MVL UAT -00315 28 $24.72 $692.16 SYSCTRMGMTSTEENT ALNG SA MVL MUY -00212 10 $164.26 $1,642.60 WINRGHTSMGMTSRVCSCAL WINNTALNG SA T98.00798 30 $6.38 $191.40 MVL DVCCAL W INSVRSTD ALNG SA MVL P73-00 18 $114.03 $2,052.54 Quote Prepared By: Casey Dellsperger 1j Customer's purchase is subject to the terms and conditions of the above referenced contract 4} All product descriptions and prices are based on latest information available and area ubjectto change within the terms oft he above referenced contract. 2) Saleluse tax is based on the "ship to" address on your invoice. Please 5j Unless specified otherwise in the above referenced contract, all prices are indicate your taxability status on your purchase order. H exempt, Customer based on Net 30 terns. If not shown, shipping, handling, taxes and other must have an Exemption Certificate on file, including non - federal government fees will be added at the time of the o rder where a p pl ica b le. customers.lf you hares a questions re: your tax status, please contact your inside sales representative fisted above. 6y Customer urxierstarids and acknowledges that all warranties, representations and returns are subject to the manufacturer, pubiis her or 3) Shipments to California: for certain products, a State Environmental Fee of up d istri buto r 9 u ideli nes. to $10 per item may be applied to your invoice. Prices do not reflect this fee unless noted Tor more information, refer to www.dell.comlenvironmentaKee. This applies unless this provision ie specifically excluded in the above Rev. 12r2Qr2007 referenced contract Page 1 of 2 Product Description WINSVRENT ALNG SA MVL CORE CALCLIENT ACCESS LlCALL LNG LICISA PACK MVL PLATFORM USER CAL Dell Customer Confidential Quotation Quote Number: CXD101O04O1 -R15 Quote Expires: Nov 30, 2010 Part # Mfg # P72 -00 W06 -01066 SQL CAL ALL LANGUAGUES LICISA PACK MVL USER CAL Casey Dellsperger Inside Account Manager 850 Asbury Dr Buffalo Grove, IL 60089 P: (847) 465 -3700 F: (866) 610 -5636 Casey_Delisperger@Dell.com Quantity 10 70 Celeste Williams Inside Account Manager 850 Asbury Dr. Buffalo Grove, IL 60089 P:(847)465 -3700 F: (866) 549 -8212 Celeste Williams @Dell.com Unit Price Ext. Price $369.20 $3,692.00 $47.84 $3,348.80 359-00960 70 $33.49 $2,344.30 N otes: Please reference this quote on your purchase order. Renewal for Microsoft EA Enrollment #5910955 Current EA will expire on 11/3012010 Renewal Term: 12/1/2010 - 11/30/2013 The pricing quoted above is the annual amount that will be due each year on the anniversary date for the next three years. Quote Prepared By: Casey Dellsperger Rev. 12l MOD7 I Customer's purehase is subject to the terms and conditions of the above referenced contract- 2 )l Saleluse tax is based on the "ship to" address on your invoice. Please indicate your taxability status on your purchase order. H exempt, Customer must have an Exemption Certificate on file, including non - federal government customers.lf you hares a questiono re: your tax status, please contact your inside sales representative fisted above. 3) Shipments to California: for certain products, a State Environmental Fee of up to $10 per item may be applied to your invoice. Prices do not reflect this fee unless noted Tor more information, refer to www.dell.comlenvironmentaKee. This applies unless this provision is specifically excluded in the above referenced contract Product Sub Total $96,547.40 Grand Total $96,547.40 USD 4} All product descriptions and prices are based on latest information available and are subject to change within the terms of the above refere nced contract 5j Unless specified otherwise in the above referenced contract, all prices are based on Net 30 terns. If not shown, shipping, handling, taxes and other fees YA 11 be added at the t ime of the o rder where a p pl ica b le. 6y Customer urxlerstands and acknowledges that all warranties, representations and returns are subject to the manufacturer, pubiis her or d istri buto r g u ideli nes. Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department: Emergency Management Presented by: Sean Hughes Council Meeting Date: 12 -13 -2010 Agenda No. B.6 Subject: GN 2010 -104 Authorize the City Manager to execute a Joint Resolution with Tarrant County for 800 MHz Radio Maintenance Services Summarv: Tarrant County requires a Joint Resolution to participate with the nine other cities in the North Richland Hills Radio Maintenance Consortium. General Descrir)tion: Tarrant County requires a resolution to pay the City of North Richland Hills the County's portion of the radio maintenance consortium agreement. This resolution allows Tarrant County to pay the City of North Richland Hills. This maintenance consortium allows the members to take advantage of much lower pricing for the Public Safety radio maintenance agreement with Motorola. This is an annual agreement and resolution. Recommendation: Approval to authorize the City Manager to execute the Joint Resolution. r r. JOINT RESOLUTION AMENDING THE INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND THE CITY OF NORTH RICHLAND HILLS CONCERNING THE 808 MHz RADIO MAINTENANCE AGREEMENT BY EXTENDING THE AGREEMENT THROUGH SEPTEMBER 30, 2011 Whereas, the County of Tarrant (County) and the City of North Richland Hills (NRH) entered into an Interlocal agreement on June 28, 1994 (Court Order# 70866), relating to 800 MHz Radio Maintenance Agreement; and Whereas, through Tarrant County's participation in this agreement, the maintenance fees per radio paid by Tarrant County is less than if the County did not participate in this Agreement; and Whereas, the annual maintenance fees paid by Tarrant County to North Richland Hills has increased from $5.60 per radio per month in FY2010 to $5.88 per radio per month for FY2011; and Whereas, the annual maintenance for radio consoles has increased from $175.00 per console per month in FY2010 to $183.75 per console per month in FY2011; and Whereas, this Agreement was previously amended by Court Order # 107211; and Whereas, it is the desire of the County and NRH to extend this Agreement through September 30,2011 Now, therefore, be it resolved that„ upon the execution of this Joint Resolution by both parties, this amendment shall be effective on and after October 1, 2010 and Be it further resolved that, the Agreement, as extended through September 30, 2011, otherwise remains in full force and effect. Signed this day of 2018, pursuant to Commissioners Court Order # B. Glen Whitley Mark Hindman County Judge City Manager Tarrant County City of North Richland Hills Approved as to Form: Certification of Funds Available: District Attorney's Office S. Renee Tidwell County Auditor CITY OF NORTH RICHLAND HILLS Department: City Manager Council 'Meeting Date: 12 -13 -2010 Presented by: Mark Hindman, City Manager Agenda No. B.7 Subject: GN 2010 -100 Consideration of Amending Sections 2- 67(e)(2) and 2- 67(e)(8) of the Code of Ordinances and the Council Rules of Procedure Pertaining to Citizens Appearances - Ordinance No. 3120 Summarv: Staff has been asked to prepare proposed rule changes to the Council Rules of Procedure. The proposed changes will amend Section 2- 67(e)(2) and 67(e)(8) of the Code of Ordinances by adding provisions to allow for additional citizen input. General Descrir)tion: Council has been discussing during recent work sessions possible revisions to the Council Rules of Procedure. Based on the input received from Council, an ordinance was prepared by the City Attorney to revise the rules. The proposed ordinance amends Section 2- 67(e)(2) and Section 2- 67(e)(8) by 1) clarifying the procedure for persons wishing to speak on agenda items that are not listed as public hearing items and 2) adding a provision that would not allow comments during citizens presentation on matters in which Staff is scheduling stakeholders meetings or other meetings designed to solicit citizen input within 60 days. According to the Rules of Procedure, before the Council can take formal action to approve an ordinance amending the rules, amendments must first be introduced into record at a previous Council meeting. At the last Council meeting Ordinance No. 3120 was introduced into record by Resolution No. 2010 -031 ordering that the ordinance be placed on the December 13 council agenda for consideration and approval. Ordinance No. 3120 incorporates the revisions requested and discussed by Council. Recommendation: To approve Ordinance No. 3120 ORDINANCE NO. 3120 AN ORDINANCE AMENDING SECTION 2.67(e) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND THE COUNCIL RULES PERTAINING TO CITIZEN APPEARANCES. WHEREAS, the City Council desires to amend its rules for citizen participation in city council meetings to allow for additional citizen input and provide more opportunity for expression of opinions while preserving order and encouraging participation in more focused meetings established for such participation; and, WHEREAS, the City Council finds that its rules should be modified to better meet such goals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Subsections (2) and (8) of Section 2 -67(e) of the North Richland Hills Code of Ordinances be amended to read as follows: (e) Presentations by the public. (2) (a) Any person wishing to speak at a public hearing scheduled on the agenda shall complete a public meeting appearance card and present it to the city secretary prior to the matter being reached. (b) Any person wishing to speak on an item on an agenda which is not listed as a public hearing may complete a public meeting appearance request card and present it to the city secretary prior to the matter being reached. Any member of the council, including the mayor, may request that the person be heard. Unless another member of the council objects, the mayor shall allow such person to speak. If there is an objection the mayor shall submit to the council the question of whether the person shall be heard. If a majority votes to hear the requestor, the mayor shall allow such person to speak. (c) No person may speak without first being recognized by the mayor. All persons wishing to speak on the matter shall be limited to three minutes and there is a cumulative limit of 30 minutes for all those speaking for an item and a like limit for those speaking in opposition. Any such time limits may be extended by majority vote of the council. The mayor may, with the concurrence of the council, alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item. (8) The citizen's comments portion of the city council meeting is set for members of the public to address the city council on any item of business that is not formally scheduled on the agenda or scheduled as a public hearing. Members of the public should complete a public meeting appearance card prior to the item being heard and present it to the city secretary. Such public appearance cards will state the rules for citizen presentations and an acknowledgment by citizens that they understand and will adhere to the rules regarding speaking during citizen's presentation. Citizens' comments are generally permitted at the beginning of the regular meeting, after ceremonial items, as specified on the agenda. Presentations shall be limited to three minutes each. Citizens' comments shall be limited to a cumulative total not to exceed 30 minutes for all speakers. If such comments exceed such limit the council may extend such time or hear them after other business has been completed. Presentations under citizen's comments are limited to matters within the subject matter jurisdiction of the city. Citizen comments concerning matters which are or will be scheduled for consideration by the council or another city board or commission at a later date will not be allowed. No citizen comment will be allowed on any matter on which staff has scheduled or will be scheduling stakeholder or similar meetings to solicit citizen input within 66 days, it being council's intent that such comments be made at such meetings. In compliance with the Texas Open Meetings Act, V.T.C.A., Government Code § 551.001, et seq., the city council may not deliberate or vote on any matter raised in citizen comments, except for the purpose of determining whether such matter should be placed on a future city council agenda. The mayor, however, may request the city manager to provide additional information on a matter of general interest to the full council, the public at large and to the citizen making the comment. If a factual question is asked and a staff member has ready knowledge of this, the staff member will be requested to provide immediate response at the council meeting. If an inaccurate statement is made and a staff member is aware of this, the staff member is requested to respond immediately at the council meeting. If the citizen inquiry is one that is either quite involved, lengthy, and/or requires research, but is one of general interest to the populace, a follow -up response to the citizen presentation can be made at a future council meeting; it may also be desirable to replay the original telecast of the citizen's inquiry. If the citizen inquiry is of a private matter or individual nature, an individual follow -up may be the approach rather than the above. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of December, 2010. Oscar Trevino, Mayor ►_100 *16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: (Fire Council Meeting Date: 12 -13 -2010 Presented by: Andy Jones Agenda No. S.8 Subject: GIN 20110 -102 Consider Extension Agreement for Medical Director Contract Summarv: The purpose of this report is to seek Council's approval to authorize the City Manager to sign a contract Extension Agreement for the current Medical Director Contract Agreement signed and dated February 5, 2009 with Dr. Roy Yamada. General Descrir)tion: The current Medical Director Contract Agreement will expire on December 31, 2010. Per paragraph three of the current Agreement, it states, "The parties, by mutual consent, may extend the AGREEMENT for an addition two (2) years." Paragraph four states, "The compensation for extended years shall be an amount agreed upon by both parties and payable in four (4) equal payments on the first day of January, April, .July and October of each subsequent year agreed upon." Dr. Yamada has agreed to extend the current Agreement for an additional two years, at the current rate of $30,000 per year. Recommendation: Staff recommends that Council authorize the City 'Manager to accept and sign the Extension Agreement to the contract for medical direction with our current Medical Director, Roy K. Yamada, M.D. EXTENSION AGREEMENT The parties hereto agree that the contract between them dated February 5, 2009 is hereby extended to December 31, 2012, at the rate of $30,000 per calendar year. Roy K. Yamada, M.D. Date Mark Hindman, City Manager Date Approved as to form: George Staples, City Attorney Date CITY OF NORTH RICHLAND HILLS Department: (Finance /Fleet Services Presented by: Thomas Powell Council 'Meeting Date: 12 -13 -2010 Agenda No. B.9 Subject: PU 2010 -034 Award Bid No. 11 -009 for Dump Trucks to Southwest International in the amount of $260,988. Summarv: Request Council approval to award Bid No. 11 -009 for three (3) dump trucks to Southwest International Truck Inc. in the amount of $260,988. General Descrivtion: The CI P 'Major Capital Equipment Replacement Program was implemented using the recommendations obtained in independent studies conducted for the city by Peat Marwick in August 1986 and August 1993 which recommended a minimum ten (10) year replacement for capital equipment. At the ten (10) year interval the equipment is evaluated for replacement based on frequency of use, the number of like equipment in the fleet, equipment condition and the availability of parts and services. The three (3) new 2011 tandem axle trucks with 12 -yard capacity dump bodies are equipped with energy efficient clean burning engines which meet the replacement guidelines for the Clean Fleet Vehicle Program. Trucks being replaced with these new energy efficient model dump trucks are: 1995 Unit 680, which is 16 years old and has 95,749 miles on the engine 1996 Unit 682, which is 15 years old and has 94,523 miles on the engine 1996 Unit 690, which is 15 years old and has 116,726 miles on the engine Notice of the city's intent to bid was advertised in local newspapers as required by State statue, and posted to the city's Website. Eighteen (18) vendors were contacted and invited to participate in this bid process. Four (4) competitive bids were received from the vendors listed below: Vendor Manufacturer /Model Unit Price Southwest International International 7400 $86,996.00 Rush Truck Center Peterbilt 348 $95,595.00 MHC Kenworth -Ft. Worth Kenworth T730 Workhorse 13" ST -MD $97,740.65 MHC Kenworth -Ft. Worth Kenworth T370 Galion 500 U/T $98,743.85 Fleet Services and the Purchasing Department have evaluated all the bids and are recommending awarding to the low bidder. The Council approved the FY 2011 CIP Budget amount of $285,000 for these 3 dump trucks. The plan is to finance this equipment with certificates of obligation to be issued in the spring of 2011. They were included as part of the reimbursement resolution recently approved by Council. The amount issued in the Spring will be for the actual cost of the vehicles. Recommendation: To award Bid No. 11 -009 for three dump trucks to Southwest International in the amount of $260,988. CITY OF NORTH RICHLAND HILLS Department: Legal Council 'Meeting Date: 12 -13 -2010 Presented by: George Staples, City Attorney Agenda No. B.10 Subject: GN 2010 -101 Amending Chapter 10 of the North Richland Hills Code of Ordinances - Regulations for Amusement Centers and Billiard Halls - Ordinance No. 3122 Summarv: The City Council is being asked to approve an ordinance to update the amusement machine regulations in Chapter 10 of the Code of Ordinances to bring city charges for coin operated amusement machines into compliance with state regulations and to eliminate obsolete regulations for amusement centers and billiard halls. General Descriration: Regulations for amusement centers and billiard halls were established some years ago in Divisions 3 and 4 of Article II of Chapter 10 of the Code of Ordinances. These regulations need to be updated to bring them into compliance with current state laws, as well as current city practices and procedures. Sections 10 -81 through 10 -110 requiring operators to obtain and pay a license fee based on numbers of coin operated amusement machines are not consistent with current state law and the City Attorney recommends that they be repealed. Sections 10 -111 through 10 -114 pertaining to distance requirements, hours of operation, etc., are more restrictive than regulations applicable to any other type of establishment, with some being even more restrictive than those for establishments selling alcoholic beverages. These restrictions are from another era and since they are no longer being enforced, the City Attorney recommends that they also be repealed. It is recommended that we keep restrictions against allowing minors to play during school hours in Sections 10 -115 and 10 -116, and revise 10 -117 to change the word "licensed" to "regulated" so there will still be authority to inspect. Regarding eight liners, the remaining provisions of this chapter will still require a permit for coin operated amusement machines and will not be affected by these changes. Eight liners which award more than $5 value are outlawed by the Texas Penal Code. City staff may be coming back with a regulation which outlaws machines that award less than $5 in value, but this is still under study. The proposed revisions to Divisions 3 and 4 of Article II of Chapter 10 are attached for Council to review. The Police Department has reviewed these revisions and is in agreement with the changes. Recommendation: Approve Ordinance No. 3122 Chapter 10 AMUSEMENTS AND ENTERTAINMENTS* ARTICLE IL POOL, BILLIARDS* *State law references: Coin- operated machines, V.T.C.A., Occupations Cade § 2153.001 et seq. DIVISION 2. COIN-OPERATED MACHINES Sec. 10 -51. Exempt machines. This division does not apply to: (1) A stamp vending machine, (2) A service coin - operated machine; or (3) If subject to an occupation or gross receipts tax, a. A gas meter; b. A food vending machine; C. A confection vending machine; d. A beverage vending machine; e. A merchandise vending machine; or f. A cigarette vending machine. (Code 1975, § 3 112 -2(d)) Sec. 10 -52. Permits; exceptions. (a) Permit requirement. No person shall maintain, display for public patronage, or otherwise keep for operation by the public, any skill or pleasure coin - operated machine without first obtaining a permit issued under the terms and conditions of this article. (b) Exception for personal use in private residence. No permit is required for an individual to own and operate a skill or pleasure coin- operated machine for personal use and amusement in his private residence. (c) Exception for use by children. No permit is required for any person to own, maintain or offer for use to the public any coin - operated pleasure or amusement machine designed exclusively for use by children under the age of ten, such as coin - operated riding machines and other related coin- operated machines. (Code 1975, § 3 112- 2(a) - -(c)) Sec. 10 -53. display of permit. A permit issued under this article shall be prominently displayed at or near the entrance of the business premises, and such display shall be permanent and conspicuous. (Code 1975, § 3 112 -10) Sec. 10 -54. Tax levied. There is hereby levied on each coin- operated machine not exempt herein as annual occupation tax equal to one- fourth of the rate of the state tax imposed under V.T.C.A., Occupations Code § 2153.401. (Code 1975, § 3 112 -26) State law references: Authority to levy occupation tax, V.T.C.A., Occupations Code § 2153.451. Secs. 10- 55-- 10 -80. Reserved. DIVISION 3. LICENSE Sao. 1 8 1. P,3q \rcd. It chs�l be Ns4awful for any-pefsen to operatc, for prGfit -or pnrcansl gain, a ^U b Ii G ^^e 'billia roarcational, 9r-aF:Ru oon� .. in tho &.ty without firot obtaining o lioonse #gem thr vgy cvarr, ary or oc Ohcr c fttignQtvC "y the atyi marQScr fcr purp occc. ;r',da 1975, 13 1/2 22) Scc� 1Q Kk Appliccition St\ncr (c) ✓amln. tc of-applioation. Any poro3n dLUring c liccncfi W aperctc S pool, billiard, rnor✓ation&�, or amat oontor :hall Mo with thra 3it Dooro;ary or ac otho,. do:i ,gnc�as by tho oityr for a Nvritte-,- ssm applisatisn for c:aoh lio an✓a, N\'hioll oppllcnicn chill c.c4E)L (1) Th13 Iooation, by ctFeet and r%mbcr, of tl� plaoo, cpase -er buildi and FeGM ^F floor, and thra si ef rs io h room or opcco, w hiGh i° ^F^^ PH + o be ;.16 for c/J31 optic) any{ thr no\m/c and addrees cf 9-,c cant, 4) If tho cppliisant is an indiv& wl, th&t hra h as Ret been ^^^ iotOd of ." folony miss! mr-c^n^r, crid if he hac, the Rat ry of tho o#tzRsa- ,?] If the applio &nt is a firm, cs:raoiation or partrarc)iip, all of tho information .iYccwitv1 in - :vbr- esticn (a)(2) of thin cc*ti as to a ". h inCiviLk-ucl C rrp.-wi?tg the firm, L\moci&\ u, pw {4) If tho cpp Gant is c corporatio that th e appliGa is o,zzganizod cam!- sher:�rcd D tho oorpora` ion ISM'c of thO c#ctc appliocblo t G61^" GGFPG :° tan, ar, if S form sep pcWicn, the hoc cc\iij;49 l -with Lawc cf tham c�-� *.a- a{a��'ictinbl tc swh oarporcstion and thy.: carry inform &ion with rofcr:non to thr oporster or p 13n in oh &sga of tho operation of tho prab P99 bri r:r�onal, or smucs\'rWnt =RteF t9 to liccrfr� " is p; c�3 i'bad -in CUID✓,ti^tion (a)(2) of this- sest+on. In sdditi9PA -I; eotc, a Wint cc tc thr ncmcc a end *.ham sm +ntcrti* owed by (5) Thfa provic-,uc 000:apation or c. nployrrfant of the- applioant for c pcAe4-3f fiV-_ ye s Rext PFeG&�ing the filing of hic spplioati3n. (") ! c cf fcrrr�-� *,icy -wis rcn�.Nflgn. ThIc infcr",it,i�n Si\`n in cuch cpplivQti�n ;-s f,�- ep b:rp:x, - /_- of dotormining W h°t_ "mo tM appliocnt is a fit and prepor parson #9-3p3rat3 a p�61;3 pool, billiard, roa.�=_tiencl, yr cmucsmwnt cic�ntmr. It choll bo anlav/M fe-m crnproccxnt kind -and 3har &9t3r of pool, billiafd-, rc3roational, or am:aer✓rr_r# sef}t to be oporatod, or any othor fant er tatomcnt made in ✓- wA- ajlias\ian, and sp�y mmr-.rP -,vvcan;ation of any pxcon, olsb or oFgsni-mkion femme- pu rpo;fa o aye t pfea&ions of thisartialo Chall, in sdd#ien to tho other pcxncltic PFe�e ;� by 12 c2---vv f c Qticn a nc�6wA^+/x ak4 I%cnsv\ (Ccd�o 1975, 1 3 1/2 22 Soo. 19 83. lRvcctigation ar, appm\Ul of appk/atio by Ghief ^f r. ^' i ^° 4c liecriev ekill fee gm-nfird by thv city !Anlece it @hall appcv/ that the prem4ec vv mfgy A l l of tho c-*,�� and tho ordins the o % r?gslating hcxa!th, sanitation, {-ice zoning cnsfor the building oo&-. (row 197-5 3 1/2 2 S 19 ✓I. Nesurs q f ,neRse- A l+se nce i;r�,ad andcr this S;.vicion: (1) Ic an cnnasl lioonoe whioh expires J °gib °r 24 f .iRg th d&, of is� r, sec it is v:crcr/Ic1 cr-s self � cxnrlkr. . (2) Ic cffeG#ue -for s ✓nglc plaon of-hjcimcc ar4j- (2) Vooto no property rght in t.o par mit+aa exn-e f fi. ,=ir. -. in, dram - nr publr"i pratronsgo, and pormit t loo =: 3 of Jill eWccc ry vein op'aratod mcohinoc ire N thry #cam me cant ecnOtie r cf thie fir+ (1) Ic nontrxn:f/- aWc, nona rcignab)c, and n s ubjeGt tO cf(rrL:tiar+ (Coca 1975, 1 3 1 35) sca l QE\ Fete, An annual fa :hull bC ohsrg-- for ecoh pool, b4 afd, rooroationcl or amu seme n t aontor, ac d in cm tian 19 31. EsSoh foo chsll be in App@Rd x A fer the fsk\ren3 categeFies= 4) Thoc,3 c.t&b464m3ntc with 69 or (Q>rmr me -obi (2) Thoc,3 c:tabli64montc , "ith at Ioa:t. 51 but not more than 2 109 mcohirrac. ,?] Tho;r cctsblishmcntc with ovar 2 199 maohirrc. (Cede / 1 { Q7 5 3 1/2 2 C-} Soo. 1 96. If✓ i�rana ., ra ft c al 'A t-h weer, th pity &h all fail to appfe� tho 4 0► LMET► of a I`oancc � �RdeF aRY p^rt of this divi: ion, the sotionc of th/a offioisl shall bo final unlo:r.: th13 3p- ,\ioant sha W ithIr, t 4cyc after tham refv-cO tc S r aR t c`UG14 r cc� fk c writtivi Qpp 00.th thr &y m s\ddros:nd to the -.Ry ao-�, rooming a h./--ring by the 03un3il Npon t q estieR as to whotheP-or not the spp4 ation shall be grsntoa. In thli ovcnt ✓joh-appocl is b 4ea4-ef thrc do r t denying tl4c parmit shall pr n-vide the r0eu mil with s reserd of all p,c v. rcfc� tc thr- npr icatio\n in- -xi, incktOr/g th- rorncane fcr c"-Nh donial. Tho city rr unoil shad, within z0 dayc, grant s hr3sriRg4hcresn to dbtormifle -the ecrreetnecc of swh ao ±ion. It shall be dis with the oasnoil Sc to whathor or not s liacnco chsll be grantod, ai4 -suoh sotian w tha ooancd may ta44--�rcen 06. -be find and (Coca 1975, 1 3 1 27) Sco. 19 P. Jocc not o3nfer v��tcd rights. Thro graR#P --&f &ny liounc/o NR4c th13 }cxr me of thic &rticlo :1�all in nc avant bo O ppstrued ac tho grsnting or oonforring any vcctad rightc to trio licon✓v or opor-- to ; he-s bj - t to ra'/o,C\' Win, ocnoo4a +en or �aspeprs+ar ac providod in :,00tisn 19 99-. (C'cdc 1 i-715� 5 3 1!2 28) -Soo. 15 M. Pof,.Adc of foo; s ccignGbility, tran:frora"NIity of li ^Ge. Ala rafi ind o ^ n y Iiooncio foc ps�A iR- asserdsnoo with th di..isieR `'""" be M.@ 60 by the for any oaac,o whs ooror. ! iocnccc pN,'V-stiant to }#im-&-�ivisian chcll by ft m"d r rccnzl }c }h: lic^n&e - and chc!I nca f: c c,�r a� c; ncr f ro ncfarabla fram OR@ #oo&�ion or plcco of bs�rc.t. tc onothc laoal on: (Cc6o 1575, S 3 1/2 '25) Sc--\ 1 Q VCS Tv miric�ian; rc n° rre ra . MI liccnaa: vn�cr tho p re, sie of + " a c division chs;I &,utemati:r\Iy te rminate- an n ewe r 31 of tho year A party msy obtsin a lim-ncc "y f ill appliGat for rorxmcl with tho pity 000mtcny. Thrc appl;onio^ for oon�ein the cvrrr ink maticn end rc prcccctcu in the r_.rrr mcnrn -\c c rrr, i�pplicOicn ire &mordsnoc with s1l of thry above cootiap c/cc shall Icry S�c :,c; o�` in aax3tiaR I RE (C360 1575, � ? 1/2 3-7) I o 90. °,3V4a- Cti0 approc;. If a 13\ a:irr:r ' i^,� nor this artiolo is not begig GGRd aszesl m..m asAATaaP rso .., -c-; erticlo, thv lc\ \ °c c thp ;t;; a, or othor ordinanooc of tho oity, tho oity4*4apagcr'o cff may at ,c S,i na}iov in virit;ng .c the cpcn;kc , Iicmrcn mnrra 9F e%h PeFSOn in oontrol o f thro opor--�i A- mnint8Ra of cuoh os#a- �Aichm n th at aiccncz i'cvcd for tho op --F4on and ma;RteRaRoo of thl-- ectsblishme f hrs - rvvckA and ocrscv0c ', which r,c�i" cf rc\"Aticn and CQncrll0i ^n chO "VN-mg c %4 3oati3n snd osnoolla#+an s ftor t expiFat an of ',,on dsy-&-from tho ds�o of the ac li Of cUoh notico Npon tho opora�or, kooRseo, msncgor or othor poroon i GhaFgc of tho P L4 h I i._hn - x.nt, ugI0 -C on o� h P #erc the vxpirQC3n of caid ton -drys, the Iic -n. -ca,. aper0c , p ccn in charrgv of the cit2l I;,rKmRnt shall fil vM11 the city :rorotsry or ac oth/jrwico cic;gna,��I by tho pity mcnsgor a writ *on sppoaI Adrocvcd t #ho pity o94noil oity in- whioh it is rogL,cctad that the city{ ooNnoil grant him A hcr-,ring N PGR }hr gcrc t ir,n ■yh ar - t tho li✓oncc isiod by44o oity chsll' be ocnoallod arm# h cp,-Qc�, if mnd�c cnd file -2c Irrcrn the ern ch.Il crush. c,# c c} 'J v poc of rid r� :? asafion and :rnoollatio ✓J3h tima ac tho pity 00 shall rcnt a ha g and m-ako s final adjudication Npon tho ga�o:tion of v &'Othor or Pet e- ski -I :cam . c s49NId bo oaf-GO,cd, ss,ch h /jsring to be hrald within 3 dsy�.. aftor the cls.� cf I V , , - , filirr, cf s"h c,�:.rvd^ 'i"&i c �ian cnd jcdg cf the &y cc�rncil, c, h #hr ciJi on co, o�sll bo final and 2c to all partioc. (Cow 1575, � 3 1/2 31) Scccs, 1 e S1 1 Q 11 C\ °mcrvvd. I %M'.R!r i�:MM:1T11- 14T1N019�:F-I ,&co. 19 111. ° 3oati3n n✓ar 3har3h, c3hool, or r3 qmdpRrp - Ne pub i3 pool, billi xo3matianal, or - =uceffaeRt :,cantor :.h3;1 bo opvroAad in t within 209 fO3t cf c 3hur3h, S^"�- R 3Wital, or within 199 fOOt if - pFiva T - 1 4 Q C` fc - '1 the 1C` fcc� chs�l "c mce.a4rcm thr cklicct point c f t xc ccrI hccp4a4, G FGh GF pf Fe noo bu4dimng to th &i rova ,paint of th buildirq --ontsinin G UGh peel -b isrd, m3rUSlti3na�, or amuc'Cvmnt C3RteF (row 1 975 S 3 1f2 3) Stoic Iv, cf can cperot machirrcc, V.T.CA, ipa }.i�nc 03013 3 2153.152. terra. 10 112. Par+�}e,s 8Rse -a. permit h-as "rrn iccvcd vP iL crFivkc, it chQII he aalQ far any pcmcn tc eF eGt or 33nctrNot in any pmMiCCc or to 3s.` the into t"o or McFe ''eem )y 3onctrs,oting pertit;onc thorcin, if swh p/artitianc shall 3bctraot tho /.ow of th3so :lamed in plsying th3 machirrac in tho o:tabli:hmrant from purrrtay. (Ccdc 1 Q 7 1 5, 5 `? 1f2 1) S33. 19 1'-3- -beurc Of YpnN�ian. Nb P- _/"Can :hall o:agcc` in the 3porati3n of-any P p301, lallisrd, m3rcati3nal or awwG@m/rnt m Ncr , vithin the a`y vncc,--� &- -ring the f 9IlGPA' inn hQ arc. (1) Sundry, fr= 12:00 n:ran until 12:0 "^ T (2) Mendcy throNgh Thurcday, fr� -�R m. antil 12: miElRigh+; (3) Pridsy cns Sat,\ T4ay-,4e m 7:33 a.m. Nntil 2 c.m. (Ceft 1W55 2 112 5) Ren 9 111. 0p3rotik3r, cgv rectrieden- Th inCivi.lual in chR 0thA en vi }c c91 prmivcc ch�11 rct he lo ac than 18 y3arc of agc 3 "„- �b irthdsy. (row 1 975 S 3 1f2 11) Sec. 10 -115. 'Minors prohibited during school hours. (a) Billiard hall. No person under the age of 18 will be permitted to attend any billiard hall during a time that the public schools in the city are in session. (b) Skill or coin- operated machine. No person under the age of 18 shall play or be permitted to play any skill or coin - operated machine during a time that the public schools in the city are in session. (Code 1975, § 3 1 #2 -7) Sec. 10 -115. Notice posted. A permittee under this article shall affix and prominently display on each coin- operated machine under his control a sign which shall read: "Play by any elementary or secondary school student during school hours is prohibited. Violations are subject to a maximum fine of $500.00." (Code 1975, § 3 112 -8) Sec. 10 -117. Inspections. (a) City manager. The city manager shall have authority to appoint or designate a person to make periodic inspections of premises limn-_%3J regulated under this article for the purpose of determining whether or not such premises are in compliance with the health, plumbing and sanitary and other ordinances of the city. (b) Officers of police department. Officers of the police department on official duty are authorized and empowered to enter at any time for the purposes of inspection and for the preservation of law and order, any billiard hall or skill or coin - operated machine establishment within the city. (Code 1975, § 3 112 -9) Secs. 10-118--10-150. Reserved. Appendix A: Fee Schedule IN .►.IiI:Iai[81F:1►VAlIN'I:11►►iI :WgII M=1►1111:11,11:11:ir,110 1 :101 ° ^ti^^ I Ar4n fac o for osoh cc-paratu pool, billiard, ror•rc ;;t tinl rJ r- ."...m:aC/Jm °R} ^c. Rter_ €sta bli:hrrrontc with 50 cr f3\-.Aar rr r_wA4P,-S $1 -99 € bG .-,hrrrantc with & last 51 but r,ot rrraro t $100.99 € lic - imontc with ovor 2W machincc $259. RH ORDINANCE NO. 3122 AN ORDINANCE REPEALING PORTIONS OF ARTICLE II OF CHAPTER 14 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ELIMINATING OBSOLETE REGULATIONS AND BRINGING THE CITY CHARGES FOR AMUSEMENT MACHINES INTO COMPLIANCE WITH STATE LAW. WHEREAS, the City Council desires to repeal Section 10 -85 of the North Richland Hills Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Sections 10 -81 through 10 -114 of the Code of Ordinances of the City of North Richland Hills, Texas are hereby repealed. SECTION 2: That Section 10 -117 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 10 -117. Inspections. (a) City manager. The city manager shall have authority to appoint or designate a person to make periodic inspections of premises regulated under this article for the purpose of determining whether or not such premises are in compliance with the health, plumbing and sanitary and other ordinances of the city. (b) Officers of police department. Officers of the police department on official duty are authorized and empowered to enter at any time for the purposes of inspection and for the preservation of law and order, any billiard hall or skill or coin- operated machine establishment within the city." 01! 111119RVIOXGIN07AIZ140a PASSED AND APPROVED on this the 13th day of December, 2010. ATTEST: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council 'Meeting Date: 12 -13 -2010 Presented by: John Pitstick Agenda No. C.1 Subject: SUP 2010 -08 Public Hearing and Consideration of a Request from Gary and Marie Rabel for a Special Use Permit for a Two Car Detached Garage and Shop at 6800 Little Ranch Road - Ordinance No. 3117 CASE SUMMARY The property owners, Gary and Marie Rabel, are requesting the approval of a Special Use Permit (SUP) to erect an accessory structure at their residence located at 6800 Little Ranch Road. Specifically, they want to pour a slab right now for the future construction of a two car detached garage and shop. As per Section 118 -719 of the City of North Richland Hills Zoning Ordinance, accessory structures located in the R -1 -S district that exceed 500 square feet require the approval of a Special Use Permit. The proposed garage/shop is approximately 1,120 square feet. While this is a proposed two (2) car garage, since it is not attached, it is considered an accessory structure. The structure will be required to meet the same masonry requirements as the current house. EXISTING ZONING: Existing zoning is "R -1 -S" Special Single Family. EXISTING PLATTING: Lot 1 OR, Block 2, Morgan Meadows Addition. COMPREHENSIVE PLAN: The Comprehensive Plan depicts low density residential uses for this area. ADJACENT ZONING/LAND USE: North: "R -1 -S" 1 Special Single Family East: "R -1 -S" I Special Single Family South: "R -1" /Single Family West: "R -1 -S" I Special Single Family THOROUGHFARE PLAN: The site is at the northeast corner of Little Ranch Road and North Forty Road. Both are two lane "R2U" Residential Streets. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, November 18, 2010 and recommended approval of SP 2010 -08 with the stipulation that the proposed garage/shop meet the architectural requirements of the existing house. STAFF RECOMMENDATION: Approval of SUP 2010 -08, Ordinance No. 3117. LOCATION MAP r P H: I yy I Q North Forty =d _hanman Rrl AERIAL PHOTO I4INlYM l il I � N M IF f I I�h I I 1 11 14 7 -F FF� PROPERTY OWNER NOTIFICATION 24.:....;, NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION E X , AND CITY COUNCIL Case #: SUP 2010- 08 Applicant: Gary and Marie Rabel Location: 6800 Little Ranch Rd You are receiving this notice because you are a property owner of record within 240 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing to Consider a Request from Gary and Marie Rabe] for a Special Use Permit for a Two Car Detached Garage and Shop at 6800 Little Ranch Road. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION THURSDAY, NOVEMBER 18, 2410 If recommended for approval by the Planning and Zoning Commission, this request will be heard by the City Council on: CITY COUNCIL MONDAY, DECEMBER 13, 2010 Both Meeting Times: 7:04 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N E LOOP 824 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Kristie L Henderson 5817 Little Ranch Rd NRH Tx 76182 -3804 Charles A Brooks 6809 Little Ranch Rd Fort Worth Tx 76182 -3804 Lori E Cooke Etal 6805 Little Ranch Rd NRH Tx 76182 -3804 Diana K Graves 5801 Little Ranch Rd Fort Worth Tx 76182-3804 Robert W Etux Mary Ann Hart 5817 Meadow Creek Rd Fort Worth Tx 76182 -3812 Gary W Etux Marie A Rabel 6800 Little Ranch Rd Fort Worth Tx 76182-3603 Doyle K Fincher Jr 7509 Red flak St Fort Worth Tx 76182-792 Stallcup Inc Dba Grayboy Builders PO Box 1705 Keller Tx 76244 -1705 Marylynn I Goodlett 6816 Little Ranch Rd Fort Worth Tx 76182 -3803 Mary E Fincher Est 7617 Palomar Dr NRH Tx 76180 -6839 Guy M Etux Karen L Shaver 7405 N Forty Rd Fort Worth Tx 76182 -3816 Michael Etux Lori Hartzler 6824 Little Ranch Rd NRH Tx 76182 -3803 Florene H Wilson David B & Michelle Waggoner 6732 Little Ranch Rd 7430 N Forty Rd NRH Tx 76182 -3814 NRH Tx 76182 -3801 ORDINANCE NO. 3117 SUP 2010 -08 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A TWO CAR DETACHED GARAGE AND SHOP ON PROPERTY LOCATED AT 6840 LITTLE RANCH ROAD; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow the construction of a two car detached garage and shop on property located at 6800 Little Ranch Road. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. 1_ 1►IQ1ki6- ff. @ie7:IOJAII►I41] PASSED AND APPROVED on the 13th day of December, 2010. r_r■0 *36 Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director SUP EXHIBIT II 1 I I w I 1 i iF 1 tot lmle mom 2 I 1 I� 1 p C - o 1 r I �P I 4 I I f l i i1 �1 I r II J a P��+K 1 1 J 1 1 M I p.,gy RyJ + t L -- - - - -- - ---- , Tlr NCRTM FCRTT" ROAD drwry 51TE PLAN I . . W . J Im. s 1 1 -0• r SECTION 'A' 1 T . I'�• .��y r1. C I SECTION 'B' va• . I.0 0 f � y ffi rc �o N}sr u j C d �o Al Fk9.^�fi� paAy -.1- EXCERPT FROM THE MINUTES OF THE NOVEMBER 18, 2010 PLANNNING AND ZONING COMMISSION MEETING SUP 2010 -08 Public Hearing and Consideration of a Request from Gary and Marie Rabel for a Special Use Permit for a Two Car Detached Garage and Shop at 6800 Little Ranch Road. Gary Rabel, 6800 Little 'Ranch Rd, NRH came forward with a request for a Special Use Permit to add a two car detached garage and shop in order to convert the existing garage into a bedroom. The detached garage is necessary because of the configuration of the house. John Pitstick said the applicant is requesting an SUP due to the ordinance which states any structure greater than 500 sq. ft. requires and Special Use Permit. After discussing the proposed building with the applicants, he will also build the structure to match the existing residence and it is recommended to be part of the motion. Don Bowen asked if the roof should match the existing pitch as weld? John Pitstick said yes, it will meet the architectural requirements of the existing house. Chairman Shiflet asked if there were anyone else wishing to speak for or against the case? Seeing none he closed the Public Hearing and entertained a motion. APPROVED Don Bowen motioned to continue the SUP 2014 -48 with the provision that the elevation of the proposed building meet the architecture of the existing house. The motioned was seconded by Bill Schopper. The motion carried unanimously (4 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 12 -13 -2010 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 12 -13 -2010 Presented by: Jimmy Cates Agenda No. E.1 Subject: PW 2010 -040 Approve Professional Service Agreement with the RJN Group, Inc. for Phase 11 Sanitary Sewer Assessment Project in the amount of $350,743.00. Summarv: This is a request for Council to approve a Professional Service Agreement with RJN Group, Inc. for the Phase II Sanitary Sewer Assessment Project. Council approved $370,000.00 for Phase II in the Capital Improvement. Project Budget for FY 201012011. General Descrir)tion: The Phase II Project is a continuation of the City's Sanitary Sewer Assessment Project that started in May of 2009. The project was divided into two phases and consists of a detailed analysis of the City's Sanitary Sewer System in the southern portion of the city as shown on the attached map. The detailed analysis for Phase II will consist of field inspections of sanitary sewer lines ranging from 6 to 24 inches in diameter; flow monitoring of the wastewater system during wet and dry weather conditions, smoke testing to identify inflow /infiltration problems, and televised inspection to pinpoint problem lines. The analysis is needed to better examine and to correct problems that maintenance crews encounter in this section of the city. The scope of work for Phase II is similar to the scope of work performed in the previous phase (Phase 1). The main difference is Phase II will be at a different location. Since city staff went through a very thorough process when selecting the RJN Group for Phase I, we are recommending that the RJN Group also be used for Phase 11. The process used to select the RJN Group for Phase I began with the Request for Qualifications (RFQs) being sent to twenty eight (28) local firms; six (6) firms responded by submitting Statements of Qualifications (SOQs) to the city. Staff went through the city's typical selection process and selected the RJN Group as the top qualified professional firm. When staff requested RFQs for Phase II we received qualifications from the same firms. This is expected since this type of work is considered specialized. Not only is the RJN Group known for their experience in performing this type of work, but they also met the city's expectations on the Phase I portion of the project. Staff believes that because of the knowledge that the RJN Group has with this section of the city and their past work performance that this would be the best firm for the Phase II portion of the project. RJN Group has been in business since 1975 and their specialty is conducting sanitary sewer analysis. They have completed 71 local sanitary sewer assessment projects, developed 11 models, inspected 35,000 sanitary sewer manholes, and smoke tested 15,000,000 linear feet of sewer 'lines. Their project team will consist of a Project Manager with 33 years of experience, a Project Engineer with 15 years experience and a Quality Assurance and Control Engineer with over 30 years of experience. The Professional Service Agreement is attached and provides a detailed Scope of Work. Listed below is a summary of the Key Items within the Scope of Work: Mobilization /Administration Collect/review existing information concerning sewer maps, flow records and reports. • Kick — off meeting with City Staff and periodic related updates • Preparation of Monthly Reports Manhole Reconnaissance • Prepare preliminary field maps for use Identify manholes and coordinate data collected with the City's Asset Management Program. Manhole Inspection • Perform a comprehensive below ground inspection of manholes. A total of 633 manholes are anticipated for inspection. • Sub -meter GPS Points will be collected for each manhole inspected Smoke Testina • Smoke Testing of 184,000 linear feet of sanitary sewer lines to identify inflow and infiltration sources. • Notification to residents and to city staff prior to smoke testing operations. • Perform detailed analysis of smoke testing data. Dved Water Testina • Identify inflow sources using dyed water flooding. A total of 36 dyed tests are anticipated. • Quantify the magnitude of inflow/infiltration sources from the dyed watering tests. Cleaning and Internal Television (TV) Inspection • Perform cleaning and internal TV Inspections of approximately 99% of the study area. A total of 16,000 linear feet is anticipated. Data Analvsis • Review Manhole Inspection Data, Smoke Testing Data, Dyed Watering Testing Results, and TV Inspection Data to determine the condition of pipes and manholes. • Develop rehabilitation and improvement costs for various types of repairs and sewer improvements. Mannina • Provide Shape Files and Marked -up locations of manholes found in the field that are not on the City's mapping system. Recommendation/Report • Develop recommendations of Inflow/Infiltration Sources in priority order • Develop recommendations for rehabilitation of Structure Defects in priority order. • Prepare a Final Report based upon information collected during field inspections, descriptions of defects found, and make recommendations for rehabilitation of lines. The project is scheduled to start January 2011 with completion date of October 2011. Staff believes that RJN will do an outstanding job for the Phase II Project based upon the results of the Phase I Project and recommend Council approve the Professional Service Agreement with R.J.N. Group.. Inc. Recommendation: Approve the Professional Service Agreement with the RJN Group Inc., for Phase II of the Sanitary Sewer Assessment Project for an amount not to exceed $350,743.00. K I Legend STUDY AREAS NRH-02 NRH-03 NRH-06 NRH-09 NRH-12 : J v j City Limits Streets City of North Richland Hills Sanitary Sewer Evaluation Study Areas PHASE It AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND RJN Group, Inc. IAI:111ZT611l1I41101► 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 RJN Group, Inc., a corporation, acting by and through Hugh. M. Kelso; its duly authorized Principal (hereinafter called "ENGINEER "). WITNESSETH, that CITY desires professional engineering services in connection with the 2011 Sanitary Sewer Assessment Phase I I Project. 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 survey and assessment of the sanitary sewer system south of Loop 820 Phase II (described more fully in Exhibit B) in accordance with the Public Works Design 'Manual, applicable CITY codes, regulations and standards. IIll :f- I&I[ow_[IN =1 =114l:11'rr1 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 Vlll: "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 (NIA) 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. LTA WI111111016 L , F-11 0 4 ki M I I'll I =1 4 N H 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. VIL 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 and Section V above shall not exceed Three Hundred Fifty Thousand Seven Hundred Forty Three Dollars ($350,743.00). 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. 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. 1, #1►111 :116VINV1 ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION.. OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. i:1M1►E -`M MAIL 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. MIW-Al0- 1x0:7- A1Ci7L No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. K411ad4N'jIH -11d M ►1:l ill ICMIRW4illM M I! 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. F;4y111 N x:1:11 :11 V 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 (NIA) Exhibit "D" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "E" Compensation Exhibit "G" Conflict of Interest Questionnaire F:IE4111111 �J16 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. City and Engineer agree that attorney fees for any claim or dispute under this contract not covered by Engineers' insurance are hereby waived and that each party shall bear its own attorney fees and litigation expenses for such claims or disputes not covered by such insurance. 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: RJN Group, Inc. Attn: Hugh M. Kelso 12160 Abrams Road, Suite 400 Dallas, TX 75243 If to CITY: City of North Richland Hills Attn: Mr. Jimmy Cates Public Works Operations Manager 7200 A. Dick Fisher Drive South 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. Severabilitv. 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. 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 RICH'LAND HILLS (CITY) By: By: Mark Hindman, City Manager Date: Date: ATTEST: City Secretary RJN GROUP, INC. (ENGINEER) Hugh M Kelso, Principal ATTEST: Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: EXHIBIT A PROJECT SCHEDULE FOR Sanitary Sewer System Evaluation Phase II (South of Loop 820) The Scope of Services for this PROJECT is based on the following schedule: 2011 TASK Jan Feb March April May June July I Aug Set Oct Admin /Mgmt Field Inspection Manhole Inspection - Smoke Testing Dyed Water Floodingl CCTV I Analysis Recommendations ! Report EXHIBIT B BASIC ENGINEERING SERVICES FOR Sanitary Sewer System Evaluation Phase II (South of Loop 820) The proposed Scope of Services for the City of (Worth Richland Hills will determine the condition of the system in prioritized areas ((Basins 2, 3, 6, 9, and 12). The proposed Scope of Services includes the following- 0 Mobilization /Administration ° Manhole Reconnaissance ° Manhole Inspection ° Smoke Testing ° dyed Water Flooding ° Pipe Cleaning ° TV Inspection ° GPS Survey ° Mapping ° Analysis ° Recommendation /Report Flow monitoring designated sub - basins 2, 3, 6, 9, 12 as priority 5, 6, 7, 8, and 9 respectively. Priorities 1 — 4 were evaluated in Phase I Evaluations will include manhole inspections, smoke testing, dyed water testing and CCTV. A detailed report will be prepared that will provide specific recommendations for any required improvements to meet the criteria provided by the City. The Detailed proposed scope of services is as follows. Fk�l► ►i[7711 iC• r71A'C u�iMo l 1. Prepare Equipment to be used for this project. Preparation includes calibration and maintenance for equipment such as confined space entry equipment, etc. 2. Mobilize project team. 3. Collect and review existing information including reports, sewer maps, flow records, zoning maps, maintenance records, and other pertinent records supplied by the CITY. ENGINEER will conduct interviews /discussions with staff. 4. Prepare Agenda and attend a kick -off meeting with CITY staff and periodic meetings as necessary with CITY's staff. A meeting will be held to present the Draft Report 1 results of the project. 5. Prepare monthly status reports of progress to date. Perform ENGINEERS' internal project control procedures on a monthly basis including schedule and budget control, quality control review, and monthly progress reports. D. Manhole Reconnaissance 1. Prepare preliminary field map for project use. Utilize the numbers provided by the City of North Richland Hills (Cartegraph System Numbers). Number all manholes found in the field that are not shown on the map for use in the evaluation. The ENGINEER shall commit a minimum of 15 minutes to searching for manholes in order for the manhole inspection to be counted for payment. After 15 minutes of using various techniques to locate the manholes, the ENGINEER shall notify the CITY of any inaccessible or unlocated manholes. 2. Once the manholes are located or the CITY provides access to these manholes within 30 days of notification, the ENGINEER will complete all necessary inspections at no additional cost to the CITY. The ENGINEER shall uncover and expose manholes that are buried one -half inch or less in asphalt and 6- inches or less in unpaved areas. E. Manhole Inspection 1. A comprehensive below ground inspection of manholes will be performed in the designated 1 priority areas. A total of 638 manholes are anticipated. All subsurface components from the frame seal, walls, and inverts will be recorded. All defects will be recorded. Visual pipe inspection will be performed on all lines entering and exiting the 638 designated manholes. Inspection crews will lamp the lines to view the general condition of each line. Pictures will be taken at each manhole. All data collected during manhole inspection will be used for analysis and provided to the CITY in both hard copy and electronic format. 2. Measure -downs will be performed to determine depth of all sanitary sewer manholes and inverts along the interceptor. Measure -downs will be performed using a surveying level rod. 3. Sub -meter GPS points (x and y coordinates) will be collected at each manhole inspected. F. Smoke Testing 1. A dual- blower intensified smoke technique will be utilized to test all sewer lines in the study area. This method uses two smoke blowers for each test segment instead of the conventional technique of one blower. The objective is to identify inflow and infiltration sources and defects in the sewer lines. Smoke testing will be performed only during dry periods to maximize the effectiveness of the smoke testing program. The cost summary includes 184,000 linear feet of smoke testing. 2. CONSULTANT will prepare and deliver notices necessary for the performance of smoke testing. Every reasonable effort will be made to distribute notices two (2) days prior to smoke testing; however, the CITY will allow the CONSULTANT to distribute notices up to a minimum of one day in advance of smoke testing. 3. CONSULTANT may distribute notices to residents, business owners, etc., located along the pipeline up to a maximum of fourteen (14) days prior to smoke testing. If conditions do not allow smoke testing to be performed during this period, CONSULTANT will redistribute notices. If redistribution of smoke notices is required, testing may be performed within one (1) day of noticing. 4. CONSULTANT will notify the designated city personnel (Public Works, Fire, Police, etc.) each morning before smoke testing begins. The notification will include a map of the area that will be smoke tested that day. Specific tasks to be included are the following: 1. Perform dual blower smoke testing and record results. 2. Perform analysis of smoke testing data. G. Dyed Water Flooding 1. Inflow sources will also be identified by means of dyed water flooding of storm sewer sections and suspected overflows, stream sections, ditch sections, and ponding areas that may be contributing to inflow. A total of 36 dyed tests are anticipated. Positive dye tests are quantified for leakage rate. Field inspection data are input to the computerized data management system and analyzed. A water meter and water for dyed water flooding will be provided by the CITY at no charge to the CONSULTANT. 2. Dyed water flooding shall be conducted prior to television inspection to verify the existence of inflow and infiltration sources. Dyed water flooding will also be conducted in conjunction with televised inspection to quantify the magnitude of Ill sources and to identify the specific nature of the defect. H. Cleaning and Internal Television (TV) Inspection 1. Perform cleaning and internal TV inspection of approximately 9% of the study area. Approximately 16,000 linear feet is anticipated, Locations for cleaning and CCTV inspection will be determined from the results of manhole /visual pipe inspection, smoke testing, and dyed water flooding. 2. A justification report will be provided to the CITY for approval before CCTV is performed. 3. Sanitary sewer lines will be lightly cleaned in order to view the condition of the pipe. Heavy cleaning and root cutting is not part of this contract. During cleaning operations, all sludge, debris, etc. shall be removed from the sewer and disposed of properly. J. Data Analysis 1. Review manhole inspection data, smoke testing data, dyed water testing results, and TV inspection data to determine the condition of the pipes and manholes. Determine the most effective method of rehabilitation. 2. Develop rehabilitation and improvement costs for various types of repairs and sewer improvements including, but not limited to: a) Replacement b) Point Repair c) Chemical Grouting of Joints d) Inversion Lining e) Expansion Lining f) Access Structure Rehabilitation g) Access Structure Replacement K. Mapping 1. Provide shape files to the CITY for use in Mapping. Shape files will include GPS coordinates for all existing manholes and manholes found during field tasks. 2. The ENGINEER will mark up a field map showing the locations of manholes found in the field and not on the map. The ENGINEER will also provide information of any pipes found to be different from the GIS Mapping. L. Recommendations /Report 1. Develop recommendations for rehabilitation of III sources in priority order. Cost estimates by individual rehabilitation type and estimated III reduction as a result of the recommendations will be included. 2. Develop recommendations for rehabilitation of structural defects in priority order. Cost estimates by individual rehabilitation type will be included. Prepare a report, including, but not limited to: • Information collected during field inspection • Descriptions of defects found • Recommendations for rehabilitation 3. Submit five (5) copies of the draft report for review and comment and provide a presentation of results and recommendations. 4. Prepare final report based on a cumulative set of review comments and submit to the CITY. Five (5) copies of this report will be submitted in hard copy along with 2 electronic copies (CD ROM). TV inspection data will be provided on CD ROMs. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR Sanitary Sewer System Evaluation Phase II (South of Loop 820) ►111 EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR Sanitary Sewer System Evaluation Phase II (South of Loop 820) 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. ll. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with 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 heavy cleaning of pipelines. Root Cutting will be done by the CITY. 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: Staff Member and Resident Project Representative - Salary Cost Times Multiplier of 2.1. Salary Cost is defined as the cost of payroll of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to the PROJECT, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. 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. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR Sanitary Sewer System Evaluation Phase II (South of Loop 820) 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 wastewater flow data, if available. III. Provide any available As -Built plans for existing 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. Provide water and water meter for inspection at no cost to the ENGINEER. 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. VIII. Provide access to the wastewater collection system. IX. Review all submittal of the ENGINEER and provide comments in a timely manner. EXHIBIT F COMPENSATION FOR Sanitary Sewer System Evaluation Phase II (South of Loop 820) 1.181Ly,IU=12 il11E+7►1 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 evaluation of the collection system. 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 Services shall be as indicated in the following table and shall not exceed $350,743.00. Payment for the Engineering Services shall be due in monthly installments in the proportion to that part of the services which have been accomplished. Final payment for services authorized shall be due at the completion of these 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 Services). I iJ1:4►II 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 ". 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. Compensation for Services Table TASK QUANTITY UNIT UNIT COST TOTAL COST Project Administration 1 LS 15,400.00 $15,406 Data Management 1 LS 18,500.00 $18,506 Manhole Inspection Above Ground - Street 111 EA 64.66 $7,211 Above Ground - Backyard 111 EA 117.85 $13,081 Below Ground - Street 219 EA 96.44 $19,806 Below Ground - Backyard 182 EA 156.100 $27,318 Unimproved Area 16 EA 174.680 $2,785 GPS 638 EA 22.670 $14,463 Smoke Testing Street 95,006 LF 6.421 $39,995 Backyard /Unimproved Area 89,066 LF 6.513 $45,657 Dyed Water Flooding 36 EA 315.99 $11,376 TV /Cleaning 16,066 LF 2.6 $41,600 TV supervision/ review 16,006 LF 1.5800 $25,2801 Analysis 1 LS 40,676.00 $40,676 Mapping 1 LS 15,760.00 $15,706 Deport 1 LS 12,560.00 $12,500 TOTAL $350,743 EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR Sanitary Sewer System Evaluation Phase II (South of Loop 820) [Conflict of Interest Questionnaire is on the following page.) CONFLICT OF INTEREST QUESTiONNAARE FORM CIO For vendor or ogler person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of OFFICE USE ONLY the Local Govemment Code by a person doing business with the governmental entity. Date RemiVed By law this questionnaire must be filed with the records administrator of the local government not later than the 7 th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.DO6, Local Government Code. A person commits an offense if the person violates Section 176.406, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmerwW entity. RJN Group, Inc. Mr. Hugh M. Kelso, Principal 21 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 rile 7"" business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) AJ 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. RJN recently completed a project for the City and has a business relationship with Mr, Jimmy Cates and Mr. Alan Knapp. J Deaaribe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government ufficerof the local governmental entity that is the subject of this questionnaire. AGREEMEW FOR ENWNEEw io SERVICES BETWEEN THE CITY of NORTH RIEHLRMo HILLS ANr] RJN GROUP INC 2011 52nitery Sumer Assessrrwxm Phase II Page 1 of 2 CONFLICT OF INTEREST QUESTIONNAIRE FORM C IQ For vendor or other person doing business with local governmental entity Page 2 Name of local goverrinwni officer with whom flier 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 CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from Me flier of the questionnaire? 13 YES ® N0 B. Is the filer of the questionnaire receiving or likely to receive taxable income fromor at he direction of the local government officer named in this section AND the taxable income is not from the local government entity? ❑ YES ❑X 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 D NQ D. Describe each affiliation or business relationship. J Describe any other affiliation or business relationship that might cause a conflict of lnit ~ ILJ on bf 19 IT' - I%fA& / 1// 4: /."-, ftria re of person doing business with the gevemmental enttty Date A.GREFEWNT FpR ErGu*-rFuNQSGRvicEs BETWEEN TkE CITY OF NORTH RcALAW HILLS AND RJN GROUP INC. 2011 sar®tary Sewef Assmsmant Phase f! Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 12 -13 -2010 Presented by: Gregory Van Nieuwen'huize Agenda No. E.2 Subject: PW 2010 -041 Revise the 2010111 Capital Project Budget and Award of Project RFB No. 11 -006 to Stabile & Winn, Inc. in the Amount of $361,570.10 for the Construction of the Terry Drive Street Improvements Project (ST1003) Summary: The City Council is being asked to award a construction contract for the CIP Project identified as "Terry Drive Street Improvements Project (Susan Lee Lane to North Richland Boulevard)" in the Capital Projects Budget. General Descrirstion: O (November 18, 2010, a bid opening was conducted for the Terry Drive Street Improvements Project (the "Project "). The project was originally identified in the 2003 Bond Program. The FY 2010/2011 Capital Improvement Project Budget identifies a $310,000.00 construction budget for the reconstruction of the project. The project will consist of reconstructing approximately 1,100 feet of asphalt pavement with concrete pavement to comply with the current city standards. In addition, sidewalks will be reconstructed and the existing sanitary sewer main will be upgraded. This section of Terry Drive was originally constructed in 1973 as an asphalt street. This street is in excess of 35 years in age and was last overlaid in 1985. Although the existing sidewalks were not constructed with the original street in 1973, they were added several years later at the request of the area residents, with the safety of the school children being the primary reason for the request. At that time, five (5) property owners protested the sidewalk installation and the decision was made to defer sidewalk installation for these five (5) residents until a later date. City staff has received a letter signed by these five property owners, requesting that sidewalks again be omitted from their properties. The project's construction documents are structured so that this stretch of sidewalk can be removed from the scope of construction. Deferring the sidewalk construction again would leave a gap in the sidewalk system since all other properties on this street currently have sidewalks. Staff recommends that sidewalks be constructed in conjunction with this project to provide for a safe mode of pedestrian travel along this street. Notice of the city's intent to bid was advertised in local newspapers, as required by State statute, and posted on the city's Website. Bid specifications were viewed on the city's website by multiple entities, with twelve (12) contractors purchasing plan sets. The project received seven (7) bids, which were opened during the November 18 bid opening. The project was set up with a Base Bid and an Additive Alternate, which was the replacement of the existing sanitary sewer main within the project's right -of -way. The bids are provided on the following page: CONTRACTOR NAME BASE BID Stabile & Winn, Inc. $ 297,080.10 McClendon Construction, Inc. $ 311,369.00 JLB Contracting, LLC $ 316,262.16 RKM Utility Services, Inc. $ 353,007.75 JRJ Paving, LP $ 332,387.07 Reliable Paving $ 358,140.00 Jet Underground Utilities, Inc. $ 385,072.75 ADDITIVE ALTERNATE $ 64,490.00 $ 60,851.00 $ 61,518.70 $ 54,901.00 $ 77,678.15 $ 77,932.00 $ 74,936.00 TOTAL BID $ 361,570.10 $ 372,220.00 $ 377,780.86 $ 407,908.75 $ 410,065.22 $ 436,072.00 $ 460,008.75 The design engineer recommends awarding the contract to the lowest bidder: Stabile & Winn, Inc., who has previously performed work similar to this for the city. Can these previous projects, Stabile & Winn have met the city's specifications for the work constructed and this work was completed on schedule. Stabile & Winn most recently completed the Yarmouth Avenue project in the summer of 2010. There are two (2) issues with the Project that warrant further discussion. One of these issues is the extent to which sidewalks are constructed along Terry Drive as part of the project and the other issue is the project's construction funding. Sidewalks As previously indicated, the sidewalks along this section of Terry Drive were not initially constructed with the street, but were added several years later. Presently, there are only five (5) properties that do not have sidewalks along their frontage — all other properties along the project currently have sidewalks. These five (5) properties are contiguous and therefore allow for a significant gap where there are no sidewalks. Exhibit C (Terry Drive — Sidewalks in the Surrounding Area) depicts this "gap condition" along Terry Drive and also shows the location of existing sidewalks in the immediate area. Exhibit D (Terry Drive — Sidewalk Protest Letter) is the letter that staff received from the five (5) residents who do not currently have sidewalks and do not desire sidewalks to be constructed as a part of the project. There are two (2) schools in the immediate area of the project. Holiday Heights Elementary School is approximately five (5) blocks south of Terry Drive and (Fort Worth Christian School is approximately six (6) blocks north of Terry Drive. In the past staff has heard from parents of school age children regarding the need for sidewalks along these five (5) lots in order to create a safe walking environment by not having to enter the street adjacent to these lots. The project's costs were estimated in the 2001/2002 time period. The cost estimates included the construction of sidewalks on both sides of this section of Terry Drive. Staff recommends construction of the sidewalks. Construction Fundinra The construction funding ($310,000) for the project identified in the FY 2010/2011 Capital Projects Budget is lower than the bid amount ($361,570.10). This shortfall is because the original estimate (project construction amount) did not include sanitary sewer reconstruction. At the time the project was initially identified in the 200112002 time period, the sanitary sewer main was operating with no significant problems. Since that time service - related issues have developed in this area. In addition, it is now the city's policy to replace non -PVC sanitary sewer mains located beneath roadway pavement during a street reconstruction project. This proactive approach will eliminate the removal of relatively new pavement in order to replace aging utility infrastructure. (City crews replaced the water main in Terry Drive in 2006.) The project's construction shortfall of $51,570.10 ($361,570.10 - $310,000) can be funded with a transfer of the project's unused engineering design fees ($15,100) and by utilizing $36,470.10 from the Unspecified Utility Fund through a budget revision. Upon conducting these two (2) transactions, there is sufficient construction funding for this project. Recommendation: 1. Approve the Budget Revision to the FY 201012011 Capital Project Budget, 2. Award Bid No. 11 -006 to Stabile & Winn, Inc. in the amount of $361,570.10 for the construction of the Terry Drive Street Improvements Project (Susan Lee Lane to North Richland Boulevard) which includes sidewalks along both sides of this section of Terry Drive; and 3. Authorize the City Manager to execute such agreement. Enclosures: • Exhibit A: Terry Drive — Budget Revision + Exhibit B: Terry Drive — Project Location Map + Exhibit C: Terry Drive — Sidewalks in the Surrounding Area + Exhibit D: Terry Drive — Sidewalk Protest Letter Exhibit A Terry [give — Budget Revision Street & Sidewalk Capital Projects Terry Drive Street Improvements ST1003 PROJECT DESCRIPTION 8r JUSTIFICATION The Project was originally identified in the 2003 Bond Program. The FY 2010!2017 Capital Improvement Project Budget identifies a $310,000.00 construction budget for the reconstruction of the Project. The Project will consist of reconstructing approximately 1,100 feet of asphalt pavement with concrete pavement to camply with the current city standards. In addition, sidewalks vMlI be reconstructed, and the existing sanitary sewer main will be upgraded. This section of Terry Drive was originally constructed in 1973 as an asphalt street. This street is in excess of 35 years in age and was last overlaid in 1985. Although the existing sidewalks were not constructed with the original street in 1973, they were added several years ago at the request of the area residents, with the safety of the school children being the primary reason for the request. At that time, five (5) property owners protested the sidewalk installation and the decision was made to defer sidewalk installation far these five (5) residents until a later date. City staff has received a letter signed by these five property owners, requesting that sidewalks be omitted from their properties. The Projears construction documents are structured so that this stretch of sidewalk can he removed from the scope of construction. Council approved Birkhoff, Hendricks, and Carter for engineering services at the May 10, 2010 Council Meeting PROJECT STATUS Original 2010111 Original 2010111 Start date Revision End Date Revision EngineeringlDesign 0412010 1012010 Construction 1112010 0'812011 Other REVISION EXPLANATI0N The wnshucticxi funding ($310,000) rur lire Pruject idelilirled in the FY 2010!2011 Cdpi Cal Prujects Budget is IOWeF than lire bid dnruunL ($361,570.10). This shortfall is because the original estimate (project construction amount) did not include sanitary sewer reconstruction. At the time the project was initially identified in the 200102002 time period, the sanitary sewer main was operating with no significant problems. Since that time seruce- related issues have developed in this area. In addition, it is now the City's policy to replace non -PVC sanitary sewer mains located beneath roadway pavement during a street reconstruction project. This proactive approach will eliminate the removal of relatively new pavement in erderto replace aging utility infrastructure. FINANCIAL DATA Adopted Proposed Revised Total Fundino Source Budget Thru Project Budget Thru Remaining Project 2010111 Revision 2010111 Balance Cast Prior Funding Allocations! $375,000 $0 $375,❑❑❑ $0 $375,000 Utility Fund Construction Project Reserves 0 36,471 36,471 ❑ 36,471 Natal $375,000 $36,4711 $411,471 $0 $411,471 Proiect Expenditures Engineering $65,000 {$15,100) $49,900 $0 $49,900 Construction 310,000 51,571 361,571 0 361,571 Total '$375,000 $36,471 $411,471 so $411,471 � IMPACT ON OPERATING BUDGET No operating impact is anticipated- JAnnuaf 9P Qi cted O perating Impact 201$0 1 1 201 1 2012 2013 1 201112014 1 201441 015 I $Oat Exhibit B Terry Drive — Project Location Map -NORTH-RICHLAND -BLA ,D N NORTH RICHLAND HILLS Z- WK- O N CT Terry Dr Street Improvements (Susan Lee Ln to North Richland'Blvd) !NARY DR O P Terry Dr Street Improvements (Susan Lee Ln to North Richland Blvd) MARY DR (D 7 Project Locator Map ='.7 i116T Terry Drive — Sidewalks in the Surrounding Area ` - - ♦. b. NORTH RICH LAND BOULEVARD k' ow y .E- A [ r P Zl � + '1" - 7* Ll • , ' W 1 � N Legend EXISTING SIDEWALK a a s m SIDEWALK PROTEST Exhibit D Terry Drive — Sidewalk Protest Letter LV 11N 0 8 2 010 To the managing director. Nuke Curtis, and Civil Engineer, Caroline Waggoner, NRH Public Works VVe, the undersigned five home owners in the 7500 black of Terry Drive, do not want sidewalks on our property. We understand that the city has an easement Some of the undersigned homeowners have lived here since November 1974 and have never had sidewalks, we did just farce. This would be mare upkeep and work for us. Three to four years ago, you put in sidewalks and we had told you that we did not Want them or our side of the street, so they were not constructed. We thank you for that We are asking for the same thing this time. We home owners prefer not to have sidewalks on our We of Ow street. It would save the taxpayers of North Rrchland Hills a lot of money- Thank you for your time in a sensitive matter such as this We will tea waiting for your response. We Thank You. / rice Oder 7593 Terry Drive N land Hills, TX 7589 Terry 6rive N. R bland Hills. TX r ilex n ` A 7583 Terry Drive N- Richland Hits TX An Poole 7579 Terry Drove N. RrC 4pnd Hills, TX oT m and 7575 Terry Drive N. Richland Hills, TX CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Police Council 'Meeting Date: 12 -13 -2010 Presented by Mike Hamlin Agenda No. F.1 Subject GN 2010 -103 Authorization to utilize golf carts on public roads for parcel deliveries - Resolution No. 2010 -033 Summarv: United Parcel Service (UPS) is requesting permission to utilize golf carts to deliver packages during the holiday season in two high - density residential areas of North Richland Hills. State law requires that permission be granted by the governing body of the municipality in which the operation of the golf carts will occur. General Descrir)tion: To speed up delivery at the busiest time of the year, UPS is proposing to use golf carts to deliver packages in the area near Smithfield and Starnes and in the Hometown neighborhood. The golf carts are equipped with headlights, tail lamps, reflectors, parking brake and mirrors as required by Texas Transportation Code 551.404, which governs use of these vehicles. The law also requires golf carts to be operated on a road with a speed limit of not more than 35 mph, but is allowed to cross streets with a speed limit higher than 35 mph. UPS will only be operating the golf carts during daylight hours. x�l �� 4 Hnrtl6nld in�e�rc 6r� �� L L � �� a n r;5 mak''LT' Jam•. ne o u Rramf ld ad- m �� de Rd W G1 do F 1 RvdeYslti - r a I IJ — I�Li C7nhy F.lai:k pr .. e' Hightower 'Dr o. I I � . � Arrundsan D• E!•ergre'er, Dr # 6 £. c' 1 3d � �� s rJUe l St - 7029 ' L I S lYf Id. Hn 1Y Rh W-4 I Hdlg CIF—a' fir s Meln t 3 �-� _ 3pnr� ,4 Vr � 1 y m fZChficld r 5L Hurst i h.e Ac a sttB �p Park LCr. - �f caMlnn Ln xs _ 9 km r Natnura D: �rt -ud 4. rles Ehd ' P F'rr -. [: hrshnlm Park GIC r tdf iVS; Di.� r1 ucdrord Nlvd J V_- 3�V+ � C:snn�n Lr ' ao l]" o �;qCW N RIChI�ro' � • � '[C` erk oo %right 0 ne (x'11 W&L ;A6 �Nc—or Ca Aion [ dfor fte s 'iol _rs - While UPS is only indicating a desire to utilize the golf carts in these two areas, the ordinance would allow the use of golf carts city wide by any other business delivering parcels. Since the use of golf carts within the City of North Richland Hills has not been allowed previously City Staff will be monitoring their use and will recommend modification or repeal of the ordinance if problems arise. Recommendation: Staff recommends that UPS and all other delivery services be granted permission to operate golf carts as allowed by State Law. Approve Resolution No. 2010-033 M RH RESOLUTION NO. 2010 -033 WHEREAS, Section 551.404, Texas Transportation Code authorizes the governing body of a municipality to allow an operator to operate a golf cart with specified equipment on all or part of a public highway that: (1) is in the corporate boundaries of the municipality; and (2) has a posted speed limit of not more than 35 miles per hour, and, WHEREAS, United Parcel Service (UPS) has requested permission to make deliveries within the city utilizing such golf carts; and WHEREAS, the police department has reviewed the request and has recommended that the city council grant such permission to UPS and to all other companies and entities which deliver parcels; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. United Parcel Service and all other delivery services are hereby granted permission to utilize golf carts to the extent permissible by Section 551.404, Texas Transportation Code. 0 L , I1li96_11 4+7N*Is]AA=111 PASSED AND APPROVED this the 13 day of December, 2010. I:3 CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director CITY OF NORTH RICHLAND HILLS Department: Emergency Management Presented by: Sean Hughes Council Meeting Date: 12 -13 -2010 Agenda No. F.2 Subject: PU 2016 -032 Authorize the purchase of grant funded equipment from Remotec (a Division of Northrop Grumman) Totaling $146,926 Summarv: Authorize the purchase of equipment for the Northeast Explosives Response Team grant funded items totaling $146,926 from Remotec. Purchase of these items is fully provided by grant funds from the U. S. Department of Homeland Security's Urban Area Security Initiative. General Descriration: Purchase this equipment does not require matching funds by the City of North Richland Hills or other members of the Northeast Fire Department Association. The City will be reimbursed 100% after all equipment has been purchased. Item #1 Hybrid Radio System ($55,842): This is a wireless control system for the Bomb Squad robots. This radio system provides a secure, licensed, digital radio signal link for video and data from the robot to the operator. This system eliminates the use of fiber optic cable control of the robots. This radio can be used on either of the Bomb Squad's two robots. This radio system is built by Remotec, Inc., the manufacturer of the robots. This will provide the squad with identical redundant systems. Item #2 Upgrade of 1 robot to the F6+ ($53,261): This is a hardware and software upgrade to the Bomb Squad's larger robot. This upgrade includes upgrade of all internal electronics, replacement of drive camera, addition of backup camera, LED lighting, and additions of various sensors to allow operator more control of the functions of the robot. Software upgrade allows for preset functions to be programmed to reduce operational setup time and allow for safer operation. The robot will be shipped to the manufacturer for approximately 3 weeks for this upgrade. Item # 3 Power Hawk Assembly ($37,823): The Power Hawk Assembly is designed specifically for use with the Remotec robot and includes mounts, chargers, power supplies to enhance the ability of the Northeast Explosives Response Team to respond to various situations and emergencies within the 14 member Northeast Fire Department Association cities, as well as the entire North Central Texas Region. Recommendation: To authorize the purchase of grant funded equipment from Remotec (a Division of Northrop Grumman) totaling $146,926. CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council 'Meeting Date: 12 -13 -2010 Agenda No. F.3 Subject: PU 2010 -033 Consider Renewal Option to the Iron Horse Management Agreement with Evergreen Golf Limited, L.P. Summarv: This item is for the approval of the final one -year renewal option for operation and management of Iron Horse Golf Course. Evergreen Golf Limited, L.P., a Delaware limited partnership (hereinafter referred to as EAGLE), has the current management contract for Iron Horse Golf Course. The original agreement was executed in January 2007 and included an initial three -year term with two, one -year renewal options. Staff is recommending that the final one year renewal option be approved. General Descriration: The management services at Iron Horse Golf Course have been provided contractually since its first year of operation. The services have been provided through the years by EAGLE, though the name of the company has changed a few times due to change in ownership. The most recent Management Agreement was for a three -year period beginning in January 2007 with two, one -year renewal options. Staff is recommending execution of the final one -year renewal option. EAGLE has performed well over the past four years. Competitive pricing, the right marketing mix and quality playing conditions have produced positive results. While the previous fiscal year provided a financial challenge due to the unusually cold and wet fall and spring, the previous three years have been financially sustainable with the golf course paying for its operational costs and debt service. Because the City recognizes that we must take care of our resources, the City has continued providing loans to the golf course for equipment replacement and general capital improvements. These loans will be paid back beginning in 2012 after the original debt is retired in 2011. The City has been pleased with many of the successes of the golf course. Throughout the years, Iron Horse Golf Course has been recognized multiple times as one of the leading municipal golf courses, both in the Metroplex as well as across the state. These recognitions came under the direction and management of EAGLE and with the cooperation and assistance of the City of North Richland Hills. As in previous years, food and beverage continues to be the most promising area for revenue development. The new golf course manager, Antonio Evangelista, is making progress in this area with several new initiatives including the recent hiring of an experienced cook and implementation of table service beginning on December 15, 2010. Staff will continue to work with Iron including financial sustainability, progran service delivery. Horse to continue the legacy of excellence ; and services, course maintenance and The final one -year optional extension to the Management Agreement will have a January 1, 2011 effective date and terminate on December 31, 2011. The base management fee as outlined in the contract is $9272.03 per month for calendar year 2411. In mid -2011, staff will issue a Request For Proposals from golf course management firms for a three -year agreement with two, one -year renewal options beginning in January 2412. Recommendation: Approve the final One -Year Renewal Option to the Iron Horse Management Agreement with Evergreen Golf Limited. L.P. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 12 -13 -2010 Agenda No. F.4 Subject: GN 20110 -106 Authorize the City Manager to Sign an Extension to the Current Electric Supply Agreement for the City's Electricity Needs Through December 31, 2018 - Resolution 2010 -034 Summarv: The city is currently under a 5 -year electric supply contract through the Cities Aggregation Power Project ( "CAPP ") that runs for the period January 1, 2009 through December 31, 2013. Due to oversupply and slowing demand for natural gas, costs for natural gas have decreased over the last several years. Although the current contract still has three years remaining, CAPP is trying to renegotiate the existing contract and extend it to take advantage of low natural gas costs with the possibility of locking in a new 8 -year electric supply at a competitive rate. General Descrir)tion: The City of North Richland Hills is a member of the Cities Aggregation Power Project ("CAPP "). Since 2002, we have participated with over 100 other member cities to pool our power needs together to purchase electricity on the open market. Purchasing power as a consortium has allowed cities to get lower electric rates than we would receive if we contracted with an electric utility on our own. Our current electric provider, Next Era (formerly Florida Power & Light or "FP &L "), proposed a new 8 -year contract that would lower the electric costs for the three remaining calendar years of the current contract and also extend that contract for five additional years. During the three remaining years of the current contract, the new contract would drop electric costs about one cent per kilowatt hour over the current contract, then continue that reduced cost for the five years remaining on the contract. Considering the city's electric consumption, this would cut $145,000 or more from the city's anticipated electric costs in calendar years 2011, 2012 and 2013. In order to begin realizing the projected cost savings, CAPP intends to execute the new contract as close to the beginning of 2011 as possible. The CAPP Board of Directors and consultants believe that this contracting method provides both immediate and long -term cost benefit as well as cost stability through 2018. Please see the attached CAPP memorandum which further explains the proposal. Approval of the attached resolution authorizes CAPP to negotiate an extension to the current electric supply agreement for a fixed price that is lower than the current contracted rates; extends the electric supply contract through December 31, 2018; approves CAPP contracting with Next Era and authorizes the city manager to sign a contract with CAPP for the city's electricity needs for the period beginning January 1, 2011 through December 31, 2018; commits the city to budget for energy purchases and honor the city's commitments to purchase power through CAPP for its electrical needs through December 31, 2018. Recommendation: Approve Resolution No. 2010 -034. Llovd A ' Gossefink ATNE)'S AT LAa'; Mr. Gay's Direct Line: (512) 322 -5875 Email: ggay'�rS�D' Iglawfirm_com �IT, I=IlY111f11 :0='►1IIIIJLTI TO: All CAPP and STAP Members FROM: Geoffrey M. Gay DATE: November 5, 2010 RE: Electric Rates for 2011 and Beyond 816 Congress. Avenue, Suite 1900 Austin, Texas 78701 Telephone: (S 12) 322 -5800 Facsimile: (5 12) 472 -0532 www.iglawfirm.com Things are on track for the merger of CAPP and STAP, effective January 1, 2011, and for the assumption of the new identity, Texas Coalition for Affordable Power C'TCAP "). The merger will have no impact on existing contractual relationships with Next Era and Direct Energy. As all of you are aware, the current energy supply agreement expires December 31, 2013. Energy prices for each year of the current five -year contract were locked on at the time the contract was signed in the fall of 2008. Prices vary by ERCOT zone and for 2011, the energy prices are scheduled to be only slightly higher than 2010 prices. The contractually scheduled prices for 2011 are: North Zone 7.895¢ per kWh South Zone 8.044¢ per kWh West Zone 5.914¢ per kWh Houston Zone 8.447¢ per kWh New Offer Results in Savings The purpose of this memorandum is not so much to remind you of next year's energy prices as it is to inform you that you have a rare opportunity to reduce next year's prices and achieve significant savings over the next three years by amending and extending the existing supply agreement. Your supplier, Next Era, has offered to liquidate the natural gas futures contracts it secured in 2008 to give CAPP and STAP fixed electric rates for five years. Next Era would then purchase new gas futures contracts to secure fixed pricing for an eight -year period at rates less than rates that must be paid next year under the existing terms and conditions of the contract with Next Era. For most CAPP and STAP members, Next Era's offer to "blend and extend" would reduce 2011 prices by approximately 1¢ per kWh. For the small users who consume less than 1 million kWh annually, that reduction should result in savings of between $2,500 and $30,000 over the remainder of the current five -year agreement. For the largest user, the savings should approximate $5 million. Backeround The current contract is referred to as a four -party agreement. It contractually commits CAPP and STAP to Next Era (aka, Florida Power & Light) as supplier and Direct Energy Business Services ( "DEBS') as retail electric provider responsible for customer accounts and billing. Each CAPP and STAP member was required to pass a resolution agreeing to be bound by the four -party agreement and pledging to sign an individual customer energy supply agreement with DEBS. The current contract became effective on January 1, 2009 and will expire December 31, 2013. Under ordinary circumstances, bids for power to meet member needs in 2014 and beyond would not have commenced until sometime in 2012. In June, CAPP and STAP received an unsolicited offer for a block of base load energy to be available in 2014 from distressed generation assets to be purchased by some West Texas investors and backed by J.P. Morgan. The indicative pricing looked favorable for a five -to- twelve -year commitment. Both Boards were interested in the proposal. The CAPP Board directed R.J. Covington Consulting to perform a due diligence evaluation of the proposed pricing. Consultants were able to obtain several comparable offers, including an offer from Next Era. However, Next Era indicated that while they were willing to discuss the block power commitment, better pricing could be offered in a blend and extend arrangement. Indeed, their blend and extend proposal contained more favorable pricing with less risk than any other offer. Next Era proposed to liquidate the gas fiitures contracts obtained in 2008 to serve CAPP and STAP load through 2013 and to purchase new gas futures contracts at lower prices to serve CAPP's and STAP's full requirements through 2018. The energy price offered to members would be fixed for eight years subject to the same adjustment provisions (for ancillary services, nodal market prices and changes to total member load) in the current contract. Generally speaking, members in the North, South, and Houston ERCOT Zones would see a reduction in next year's price of about 10 per kWh. Multiplying each member's annual consumption by 10 yields a savings estimate for next year. In 2008, the excess supply in West Texas pern- itted CAPP members in the West Zone of ERGOT to realize about a 20 reduction off of North Zone prices during the five -year contract. Over the last year, pricing differentials between zones have narrowed significantly. Under the blend and extend arrangement, West Zone members, including Wichita Falls, Abilene, San Angelo, and Odessa and others should see some reduction in contract prices currently set for 2011 - 2013, but not nearly as great as the 1¢ per kWh price reduction that should be available in the other three zones. Do Near -Term Savines Justify a Five Year Extension? Two factors largely determine electric prices in the Texas deregulated market: natural gas futures prices and heat rates which are in tuna influenced by market perceptions of available generation capacity. At this point in time, natural gas prices are low and stable and there is excess capacity. Whether natural gas prices will remain low and stable through 2013 depends a great deal upon the future of shale gas extraction. If environmental factors such as potential groundwater contamination limit the production of shale gas or if the economy recovers and industrial and electric company demand for gas increases, natural gas prices will rise. Most analysts of population growth predict significant expansion of the population of Texas. How soon such growth will cause demand for electricity to grow faster than supply is unknown, but some forecasts suggest that the reserve margins for generation of electricity may dip below a reasonable level by as early as 2013. If that happens, electric prices will rise above current levels. An optimistic forecast world indicate that natural gas prices will remain around current levels for the next three or four years. To pass on an offer to reduce current contract rates and achieve a fixed price guarantee for eight years, one has to count on gas prices continuing to decline and for electric generation supply to remain comfortably greater than peak demand at least through the end of 2013. Even if gas prices decline so as to justify a lower rate in 2013 for the 2.014 -2016 period, it is unlikely that the rate would be sufficiently lower to justify foregoing the potential near -term savings afforded by a blend and extend arrangement. Your Oration Your political subdivision is under contract through 2013. You may reject the blend and extend opportunity and remain under the current terms and conditions. If you desire to take advantage of a blend and extend offer that produces both immediate savings and price stability for the next eight years, your governing body will need to authorize someone to sign an amended agreement with Next Era, if and when the CAPP and STAP Boards approve and recommend an amendment. Explanation of the Contractine Process The contracting process for the blend and extend agreement is exactly like the process used in the last several contracting periods. Your council will need to approve one of the two attached model resolutions. One resolution (Model Resolution A) authorizes CAPP to act as an agent to negotiate and execute a contract for the member's electricity needs while the other resolution (Model Resolution B) requires the city to contract with CAPP to purchase power for the member through CAPP and to designate an individual with the power to execute the contract. The resolutions streamline contracting procedures. The resolutions empower the Chairman of CAPP to sign a blend and extend agreement with the current power provider on behalf of all CAPP members for 2011 -2018 energy needs. A majority of CAPP members previously authorized the CAPP Chau to execute the 2007 and the 2008 energy contracts on their behalf Model Resolution A accomplishes that objective for 2011 -2018. Model resolution B is to be adopted by those cities whose charters prevent the cities from delegating contracting power to anyone but the mayor or other designated city representative. For those cities, the resolution directs the city to contract with CAPP for the city's 2011 -2018 electricity needs. In addition, both resolutions reiterate that each member is obligated only for its proportionate share of the contracted load. Every CAPP member should expeditiously adopt one of the two resolutions and provide a copy of the resolution to my office. If you have any questions or need more information, please contact Geoffrey Gay (5121322 -5875, ggay@1glawfirm.com). PLEASE NOTE: Passage of one of the attached resolutions does not guarantee that the Next Era contract will be extended. That will only happen if both Boards conclude that significant near -term savings and fixed prices will result. Passage of a resolution just ensures your political subdivision the right to participate in the blend and extend agreement, if it is fmalized, approved, and recommended by the CAPP and STAP Boards. folt4CI RESOLUTION NO. 2010 -034 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AND NECESSARY RELATED SERVICES AGREEMENT WITH NEXT ERA FOR A FIXED PRICE PER kWh THAT IS LOWER THAN CONTRACT RATES FOR 2011 -2013, SAID EXTENSION TO CONTINUE UNTIL DECEMBER 31, 2018; APPROVING CAPP CONTRACTING WITH NEXT ERA AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH CAPP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2011 OR AS SOON AFTER FINALIZATION OF A CONTRACT AS POSSIBLE AND EXTENDING UP TO DECEMBER 31, 2418; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS THROUGH DECEMBER 31, 2018. WHEREAS, the City of North Richland Hills, Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its 102 political subdivision members in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its members; and WHEREAS, the City's current contract for power with Next Era arranged through CAPP expires December 31, 2013; and WHEREAS, the CAPP Board of Directors is currently considering a blend and extend contract with Next Era with indicative retail energy prices that will reduce the prices under the current contract for the next three years and extend a fixed price for energy through December 31, 2018; and WHEREAS, the current contract is a master agreement between CAPP and Next Era endorsed by contract with individual CAPP members; and WHEREAS, CAPP must be able to commit contractually to prices in a blend and extend contract amendment within a 24 -hour period in order to lock -in favorable prices; and WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, suppliers demand assurance that CAPP will pay for all contracted load; and WHEREAS, the City must assure CAPP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through CAPP for the period beginning January 1, 2011 and extending through December 31, 2018; and WHEREAS, CAPP intends to continue to contract with Next Era (power supply) and Direct Energy (billing, administrative and other customer services); and WHEREAS, the current contractual relationships between CAPP and Text Era and Direct Energy have been beneficial and cost effective for CAPP members and the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the CAPP Board and its consultants and advisors are agents authorized to negotiate for the City's electricity needs as a member of CAPP and extend the current supply agreement through December 31, 2018. SECTION 2, THAT the City approves CAPP extending its current contract with Next Era for the supply of electric power and related, necessary services for the City for a term to begin January 1, 2011 or as soon after finalization of a contract as possible and extending up to December 31, 2018, so long as the extension results in savings over the current contract term of 2011- 2013 and results in fixed prices through December 31, 2018. SECTION 3, THAT the City Manager will execute a contract with CAPP that permits the Chairman of CAPP to sign a Commercial Electricity Supply Agreement ( "CESA ") for the City's electricity needs and related, necessary services beginning January 1, 2011 and extending up to December 31, 2018, as a member of CAPP and commits its load for the same period pursuant to the contract recommended and approved by the CAPP Board of Directors, provided that the energy price to be paid per kWh in 2011 -2013 is less than the current contract price for 2011 -2013 resulting in savings for the City and that the fixed price for the period 2011 -2013 will continue through December 31, 2018. SECTION 4, THAT the City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement arranged by CAPP and signed by the Chairman of CAPP on behalf of all CAPP members for the term beginning January 1, 2011 and extending up to December 31, 2018. SECTION 5, THAT a copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to CAPP. PASSED AND APPROVED this the 13th day of December, 2010. IN ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 1 -1 ;j U:16] ►1=I ONIT -lt 11011;191 N k ►,1;1► I Blip xH-1 41 cis George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Assistant City Manager CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 12 -13 -2010 Presented by: John Pitstick Agenda No. F.5 Subject: GN 20110 -108 Pipeline Right -of -Way Agreement with Texas Midstream Gas Services Company for gas pipeline through city owned property in the 9100 block of Kirk Lane Summarv: This item is being brought forward for approval of a 10 -foot wide pipeline right -of -way agreement to construct a gas ,pipeline within a small tract of land previously deeded to the city for a trail connection as part of the Little Bear Creek trail. General Descriration: Texas Midstream Gas Services Company is requesting a 10 -foot right -of -way agreement across city property in the 9100 block of Kirk Lane to construct a 20 -inch pipeline to connect to the Morrow Stevens gas well site. This is a simple agreement with no fees related to it because an existing right of way is being abandoned in exchange for the new pipeline alignment. The city owned tract is 1.03 acres. The previous right -of -way being abandoned is 6,410 square feet and the new right -of -way is 1,860 square feet. The city owned property was deeded to the city by the Morrow family as part of an agreement by the DDJet gas company that originally purchased a previous gas line right -of -way across this tract. Texas Midstream acquired the rights from DDJet and controls gas pipelines in the area and is finalizing pipeline alignments. The city has also worked with Texas 'Midstream on other properties in the area to allow Little Bear Creek trail connectivity on the surface of acquired easements above the buried pipelines. This 1.03 -acre tract of land will only be used by the Parks & Recreation Department as a connection for the proposed Little Bear Creek trail. Recommendation: Approval of gas pipeline right -of -way agreement with Texas Midstream Gas Services Company for city owned property in the 9100 block of Kirk Lane. N RH 13 =Eel a 11WXE -'� 1010111k IVd :61ar- 1:x:7-1 RIGHT-OF-WAY-AGREEMENT KNOW ALL MEN BY THESE PRESENTS That the undersigned, hereinafter called GRANTOR(S) for ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to Texas Midstream Gas Services, ILLC, Texas (hereinafter referred to as GRANTEE), its successors and assigns, the right, privilege, and easement to survey, clear and excavate along a route, to lay, construct, reconstruct, operate, maintain, inspect, test, repair, alter, protect, move, remove, abandon, change the size in whole or part, or replace .pipelines and above ground appurtenances for the transportation of oil, gas or other substances transportable by pipeline, together will all other rights necessary or convenient for the enjoyment of the rights, privileges and a ten (1 a) foot wide easement is hereby granted, over and along a route more particularly described in Exhibit "A ", attached hereto and made a part hereof. As depicted on the map attached as Exhibit "A ", page 1 and as described on Exhibit "A ", page 2 to this Right -of -Way Agreement. The GRANTEE shall have all the rights and benefits necessary or convenient for the full enjoyment or use of the right herein granted, including, but not without limiting the same to the free fright of ingress to and egress over and across said lands to and from said right -of -way and easement and the right from time to time to cut all trees, undergrowth and other obstructions that may in its judgment, injure, endanger or interfere with the operation of the pipeline and their appurtenances. GRANTOR shall not interfere with the exercise of GRANTEE'S rights by construction or permitting to be constructed any permanent structure upon the easement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior written approval of GRANTEE. It is expressly provided that this Right -of -Way Agreement does not cover or include any rights or privileges of hunting with firearms or dogs on the right -of -way premises, and no right to fish thereon, nor the taking of game or fish in any manner, all such hunting and fishing rights being expressly reserved to GRANTOR, and GRANTEE agrees to instruct its agents, servants, employees and contractors, not to bring any firearms, or hunting equipment on the right -of -way premises and not to hunt or fish thereon, not to take game or fish in any manner, and if such person shall violate the provisions of this paragraph, in whole or in part and the terms, conditions and provisions here of shall extend to and be binding upon the heirs, executors, administers, personal representatives, successors and assigns, of the parties hereto. GRANTEE covenants and agrees to indemnify and forever hold harmless the GRANTOR against each and every claim, demand or cause of action that may be made or come against him by reason or in any way arising out of any defect, imperfection, operation, maintenance or construction of said pipelines. In the event that GRANTEE fails to use the pipeline for a period of twenty -four (24) consecutive months, the servitude and all rights granted hereunder shall cease and ipso facto terminate without any demand or putting in default. Upon termination of the right of way grant, the GRANTEE shall have twelve (12) months thereafter to remove all of its said pipe and other equipment from the premises. GRANTEE will promptly remove all debris and rubbish left by its operations from the premises, refill the pipeline ditch and all excavations it may make, leaving the right of way as nearly a level condition as practicable. It is understood and agreed that during initial construction, the trenching shall be double- ditching and done in such a manner so that the top twelve (12) inches of soil will be separated from the balance of the dirt removed in making the ditch or trench for the installation of the pipeline. In backfilling, after installation of the line, the topsoil first removed shall be used as cover soil in such a manner so as to result in it being returned to the top of the ditch as topsoil. Whenever GRANTEE removes rock from the trench during the excavation of the trench, GRANTEE shall replace such rock in the trench at least 12 inches below the surface elevation of said land at the time of construction, or in its sole discretion, GRANTEE may either remove such rocks from said land or deposit such rocks on said land at a place that shall be designated by GRANTOR. Rock as herein defined, shall not include sand or gravel or rocks less than 4 inches in diameter. Before cutting any existing fence that crosses the right -of -way, it shall be properly supported on either side of the contemplated opening by steel H- braces to prevent the remainder of the fence from sagging. Upon completion of construction, all fences cut or disturbed by construction shall be replace in as good or better condition that existed before. GRANTEE hereby agrees to bury all pipe with three (3) feet of cover and pay any damages which may arise to growing crops and fences from the construction, maintenance and operation of pipelines and above ground related facilities constructed under the terms of this grant. Notwithstanding anything contained herein to the contrary, it is hereby understood and agreed that this right of way and easement shall provide for a non- exclusive right of way and easement to, construct, maintain, use, alter, inspect, operate, repair and replace one (1) deep bed anode and associated appurtenances for the cathodic protection of GRANTEE'S 'pipeline operations at this location, on over across and through the lands described herein. It is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between said parties, and no representations or statements, oral or written have been made modifying, adding to, or changing the terms of (hereof. IN TESTIMONY WHEREOF, the GRANTOR(S), herein have executed this conveyance this day of December, 2010. LANDOWNERS CITY OF NORTH RICHLAND HILLS PO Box 820609 North Richland Hills, Texas 76182 is Mark Hindman, City Manager UT63a1 1:10 11 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mark Hindman, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of December, 2010. Notary Public Printed name: EXHIBIT �I LU STEVENS TRACT TX- TARR- BUCJ- 021.04 VOL 14910 PC 438 {TR 16c) CITY OF NORTH RICHLAND HILLS r INSTR# D209031690 LUCILLE H STEVENS VDL 13191 PG M4 {7.4 .3A) ______ KIRK LANE (CO. RD. 3050) CITY OF NORTH RICHILW HLLS TRACT TX- TARR -•BUCr -=M INSwq 0210040202 (7R r5nu7) q. AGO' 4� 1 JASON BLUE TRACT CITY OF RICHLAND HILLS TX- TNRI'R- CUGI-021.0'8.fl1 INSTR# D205309534 LOT 2 BLOCK 1 INSTR# D205124088 p INSTR# D205086869 C1 LOT 1 BLOCK 1 W BLUE ADDITION = CAB A SIDE 12351 PRW05Ep PoEE11E MMM TRACT TX- TARR- VXJ-- O21.O5 CITY OF NORTH RICHLAND HILLS STEPHEN K R MICHAEL W MORROW TRACT TX- TARR- BUCJ- 021.02.D1 VOL 8595 PG 541 CA BURSRS EY TO CARDINAL NAL AL JUNCTION (� rs,aa2e3; MARK D LONG TRACT TX- TARR -BUCJ -021.09 VOLUME 14228 PAGE 422 BASS OF BEARINGt BEARINGS SHDWN HEREON ARE BASED ON US STATE PLANE 'AD E13 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. �1�, } ri • '{",.,,YE 0 4 5 CITY OF RICHLAND HILLS LOT 2 BLOCK 1 -k BLUE ADDITION CAB CAB A SLIDE 12351 V.\ x2871\ ACnVE% 1E71075" 3\1: INSTR; D2090378BB "503,4 284.5) TWS IAIDSTREANI GAS SERVICES h MARK D LONG TRACT TX- TARR -BUCJ -021.09 VOLUME 14228 PAGE 422 BASS OF BEARINGt BEARINGS SHDWN HEREON ARE BASED ON US STATE PLANE 'AD E13 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. �1�, } ri • '{",.,,YE (CM) cAnrnO YOIMAIE74T APPRO)MIE A!®11MAT L11E V.\ x2871\ ACnVE% 1E71075" 3\1: iA' a1 T-J�2.1 -MEWG TWS IAIDSTREANI GAS SERVICES PRW05Ep PoEE11E MMM TRACT TX- TARR- VXJ-- O21.O5 CITY OF NORTH RICHLAND HILLS 0D1l OF T OF TEXAS CA BURSRS EY TO CARDINAL NAL AL JUNCTION DONTITTOWN DESK;N INC. 3 12A7110 M TF PERWANENT EusEWW DRAM � 1aMa/+a wko 1' =1GC p S E ERVICES, MINNI5 DRdfE, SUITE F 2 71/12/* 055 7 REY= EASEMT TF 10/11/10 Q HA el: 817 CR 7 Y, T% Tel: CITY. TX 51 1 19/19/10 m R RGV18E EASOAMT Fme 817- 744 -7829 0 wo/u/ ME do ORMUM- EASEMENT xEAo •cwn REY, BATE BY APP. EMESCF TION AP SHEET 1 OF 3 EXHIBIT LUCILLE STEVENS �rl TRACT TX —TARR —BUCJ- 021.04 VOL 14510 PG 438 CITY OF NORTH RICHLAND HILLS POINT OF TRACT TX —TARR —BU11J- 021.66 S64 (4M) BEGINNNG INSTR# D210040202 OR 15AO7) 5.03 Y N , 143:20 (CM) KIRK - — - . (CM) LANE SING \\ �\ °._ 1 I". feu. 30501 \ h S.OD SW43'2t'W \ \` 2O' SANITARY SEWER ESMT 5.00 �' I 188.75' 0 �1 VOL 6472 PG 767 Y 10` PERMANENT ' �� O;A EASEMENT 1,887 SF 0.043 AC DDJET LIMITED LLP ESMT INSTR# 0208443278 (CM) INSTRO 0208443277 POINT OF TERMINUS o � S65 52'23 "W P7 5.51 O C 0 JASON 13LUE v TR ACT TX— TARR — BUCJ - 021.09:01 III INSTR# 0205309834 Z INSTRO D20512CBB INSTR# 0205098883 J L07 3 BLOCK 1 T-oI.I.OB.QWG BLUE ADDITION GAB A 5LIDE 12371 LENTE7eLINE L 1B &75' 11,40 q45' EASQI €NT AREA 1,&97 9F p.043 STEPHEN K & MICHAEL W MORROW 'R a�psEQ RPEIIIE GRO5R� TRACT TX —TAR R— BUCJ- 02tG2.OI VOL 5595 PG 541 ADD L. ACRK—A L: N /A. N/A {7R 15AD20) CITY OF RICHLAND HILLS LOT 2 BLOCK 1 BLUE ADDITION CAB A SLIDE 12351 INSTR# D209031689 (Wfflj 2848) MARK D LONG TRACT TX— TARR— BV7CJ- 021.08 VOLUME 14228 RAGE 422 (7R r5AO5) CI g 6b P�4 h y • FOUND 1/2' IRON ROD (CM) GONTREL M OWMENT (A5 'S QAW APFRpMWE AGSTRACT LINE COMBINED SCALE FACTOR: 1.000147268 v.\. s297i\ ACnvE' 11E71 T-oI.I.OB.QWG TEXAS MIDSTREm GAS SERVICES LENTE7eLINE L 1B &75' 11,40 q45' EASQI €NT AREA 1,&97 9F p.043 'R a�psEQ RPEIIIE GRO5R� TEMP. WORKSPACE N/A N R TRACT TX —TARR — BUCJ- 021.08 ADD L. ACRK—A L: N /A. N/A CITY OF NORTH RICHLAND HILLS � � COUNTY OF TAR STALE OF TEXAS PERMANENT ENT EASEMENT BURSEY TO CARDINAL JJNCTKIN �cuv� c�e��n �n TJONTITTOWN DESIGPI SMCE S, INW 3 12/97/10 M TF PERMANENT EAMWW PgGAyMN JS9 10/+9,/10 S GAC 1' -100 233.7 MINNIS DRNF, SUITE F 2 -1/.2/* J55 lE RENI EO EASEMUT F 1079/10 Q ' HA Tel: 817-744-7927 C817- -77 TX 76117 44 -7927 + 10A0110 ass 7 MM EASEMENT I I FE)e 817- 744 -7929 0 90/1o/o® ME Y0 fRMWfAL EASEMENT _ 1iAo •com MY. WE BY APP. Desc TION AP SHEET 2 OF 3 EXHIBIT �I A 10 —FOOT PERMANENT EASEMENT ACROSS A PORTION CF THE PARCEL DESCRIBED IN INSTRUMENT/ D210040202 AND ACROSS A PORTION OF THE CDJET LIMITED LLP EASEMENT AS DESCRIBED IN INSTRUMENT# 0208443277 AND INSTRUMENT# D208443278 OF THE RECORDS OF THE COUNTY OF TARRANT. STATE OF TEXAS, IN THE STEPHEN RICHAR.DSON SURVEY, ABSTRACT 1266, 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLJNE! BEGINNING ON NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH AN ANGLE POINT IN SAID NORTHERLY BOUNDARY MONUMENTED BY A FOUND 1/2' IRON ROD BEARS N84'44'06 - E 163.20 FEET; THENCE PARALLEL WITH AND 5.00 FEET EASTERLY FROM THE WESTERLY BOUNDARY OF SAID PARCEL SOO'43'21 'W 188,75 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 1/2' IRON ROD BEARS S65 52 - W 5.51 FEET; THE SIDEUNES OF SAID EASEMENT SHALL BE PROLONGED DR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS AND TO COMMENCE AT THE NORTHERLY BOUNDARY AND TERMINATE AT THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN INSTRUMENT.# 0210040202 TO ELIMINATE ANY CAPS OR OVERLAPS. CONTAINING 1.587 SQUARE FEET OR 0.043 ACRES. BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL. 4202 ZONE. RAV"M'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED. I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PU13UC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 07/28/09— D8/25/10 TCDD FINCIIER R.P.L.S. NO. 5533 DATE OF SIGNATURE; 12/97/10 (CM) C(MRGL NT (A 'V A4U) APFRO)AlMIE AGSTRACT UIE v: ty7e7t�ACTRVF,�td7i 47353\ DRAYAVG '.'AS�UCJZHI61T5 \07355V95�YWI81 T_J�2.1.06.DW6 T17fAS MID -REAM GAS $ERVIcEs SEE SHEET 2 FOR EASEMENT INFORMATION Min I DOWNTTM DESIGN SOMCES, INC. 3 lw/la ass TF 2333 MINNIS DIRK, SWE F 2 71/§2/* M 7 HALTOM CITY, TX 78117 1 ,otoflo ass iE Tel: 817-744-7927 OpIAfITY OF TARRANT, STATE OF TEXAS Fme 817 - 744 -7929 0 4sJ d/e ME do 11".S . .. . .\ .CORM REV. WE BY APP. FFMP05U NPUIRE C0055M TRACT TX— TARR— WCJ- 021.OB CITY OF NORTH RICHLAND HILLS OpIAfITY OF TARRANT, STATE OF TEXAS PROPERTY DESCRIPTION BURSEY TO CARDINAL JUNCTION P4P11ANENT EASEMENT PRAM as 19/19/19 scA : 1 -N /� REY= EASEMENT TP 10/19/10 RDM EASEMENT _ EROWL EASEMENT 1EAo DESCWTION AP SWEET 3 OF 3 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 12 -13 -2010 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 12 -13 -2010 Presented by: Agenda No. GA Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 12 -13 -2010 Presented by: Councilman Scott Turnage Agenda No. H.1 Subject: Announcements - Councilman Turnage Announcements NRH2 0's 2011 Season Passes are now on sale. Purchase your pass before December 31st and receive a discount, plus a souvenir bottle and free tickets for friends. For more information, please call 817- 427 -6500 or visit www.nrh2o.com. City offices will be closed for the holidays on Friday, December 24th and Friday, December 31st. Residential garbage and recycling collections will not change for the holidays. Friday collections will be made as normal. The December 27th City Council Meeting has been cancelled. The next meeting is scheduled for January 10th at 7 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight, we'd like to congratulate our City Manager, Mark Hindman. Mark was recently recognized by the International City Managers Association for 25 years of public service. While he has been with the City of North Richland Hills for a little over one year now, he brings a wealth of experience and knowledge to our community and we appreciate his many years of service. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 12 -13 -2010 Agenda No. H.2 Subject: Adjournment