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CC 2011-08-08 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 8, 2011 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Community Improvement Program Task Force Report (30 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) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property — southeast quadrant of City C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 5, 2011 at a. m. 1 A sistant 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 - August 8, 2011 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 8, 2011 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation — Councilman Whitson A.2 Pledge — Councilman Whitson A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 25, 2011 City Council Meeting City Council Agenda - August 8, 2011 Page 2 of 4 C.0 PUBLIC HEARINGS C.1 ZC 2011 -08 Public Hearing and Consideration of a Request from Anthony Swartz for a Revised Residential Planned Development (R -PD) (located at 6150 Browning Drive, 11.73 acres) - Ordinance No. 3150 C.2 ZC 2011 -09 Public Hearing and Consideration of a Request from QuikTrip Corporation for a Zoning Change from C -2 Commercial to a Redevelopment Planned Development (RD -PD) on two lots (located at 7537 & 7541 Boulevard 26, 1.71 acres) - Ordinance No. 3151 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2011 -029 Award a Professional Services Agreement to Cobb, Fendley & Associates, Inc. in the Amount of $323,192.50 for the TIF 1 Expansion — Intersection Improvements /Utility Burial Project (ED0601) E.2 PW 2011 -030 Approve a Utility Assembly (183 -U -0506) for the City's Utility Relocations as Part of the North Tarrant Express Project F.0 GENERAL ITEMS F.1 GN 2011 -058 Setting Date for Public Hearings for 2011 -2012 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets F.2 GN 2011 -059 Setting the Date for the Tax Rate Public Hearing and Vote on Placing the Tax Rate Adoption on the Agenda of the September 12, 2011 City Council Meeting F.3 GN 2011 -060 Amendment to NRH Code of Ordinances, Chapter 18, Article IV, Food Establishment Ordinance- Ordinance No. 3145 F.4 GN 2011 -061 Amendment to NRH Code of Ordinances, Chapter 18, Article II, Child Care Ordinance — Ordinance No. 3153 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements — Councilman Lombard City Council Agenda - August 8, 2011 Page 3 of 4 H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 5, 2011 at 1 '. a.m. sistant 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 - August 8, 2011 Page 4 of 4 CITY OF NORTH RICHLAND HELLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 8, 2011 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Community Improvement Program Task Force Report (30 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) State of Texas v. City of North Richland Hills (No. 2011- 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011- 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property — southeast quadrant of City C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 5, 2011. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 8, 2011 7:04 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a. m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation — Councilman Whitson A.2 Pledge — Councilman Whitson A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open (Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of .July 25, 2011 City Council Meeting C.0 PUBLIC HEARINGS C.1 ZC 2011 -08 Public Hearing and Consideration of a Request from Anthony Swartz for a Revised Residential Planned Development (R -PD) (located at 6150 Browning Drive, 11.73 acres) - Ordinance No. 3150 C.2 ZC 2011 -09 Public Hearing and Consideration of a Request from QuikTrip Corporation for a Zoning Change from C -2 Commercial to a Redevelopment Planned Development (RD -PD) on two lots (located at 7537 & 7541 Boulevard 26, 1.71 acres) - Ordinance No. 3151 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2011 -029 Award a Professional Services Agreement to Cobb, Fendley & Associates, Inc. in the Amount of $323,192.50 for the TIF 1 Expansion — Intersection Improvements /Utility Burial Project (ED0601) E.2 PW 2011 -030 Approve a Utility Assembly (183 -U -0506) for the City's Utility Relocations as Part of the North Tarrant Express Project Iffl>Eel:ll0 I:11 C7_1 011 :11►►►F- F.1 GN 2011 -058 Setting Date for Public Hearings for 2011 -2012 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets F.2 GN 2011 -059 Setting the Date for the Tax Rate Public Hearing and Vote on Placing the Tax Rate Adoption on the Agenda of the September 12, 2011 City Council Meeting F.3 GN 2011 -060 Amendment to NRH Code of Ordinances, Chapter 18, Article IV, Food Establishment Ordinance- Ordinance No. 3145 FA GN 2011 -061 Amendment to NRH Code of Ordinances, Chapter 18, Article II, Child Care Ordinance — Ordinance No. 3153 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda Kl= 10179] :a►►►1:N1106]0F =10111:V:119i]:i16 H.1 Announcements — Councilman Lombard H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 5, 2011. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this 'meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 75180 Monday, August 8, 2011 5:30 P.M. A.1 Discuss Items from Reaular Citv Council Meetina A.2 Communitv Improvement Proaram Task Force Report (30 Minutes) B.0 EXECUTIVE SESSION - The Citv 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 Attornev reaardina Pendina Litigation — 1) State of Texas v. Citv of North Richland HNs (No. 2001 - 002840 -1); and 2) State of Texas v. Citv of North Richland Hills (No. 2011- 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchanae, lease or value of real property — southeast auadrant of Citv C.0 Adiournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Police Department Presented by: Jimmy Perdue Council Meeting Date: 8 -8 -2011 Agenda No. A.2 Subject: Community Improvement Program Task Force Report (30 Minutes) Summarv: Over the past several weeks, a task force made up of several members of the community has been meeting to discuss potential future needs for streets, utilities and municipal facilities. The task force has reached a point in their discussions where they are ready to present their findings to the City Council and make a recommendation on next steps. This presentation will be led by Task Force Chairperson David Whitson and sub - committee chairs Tito Rodriguez and Tom Lombard. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 8 -8 -2011 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) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1), 2) State of Texas v. City of North Richland Hills (No. 2011-000462-1) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property — southeast quadrant of City CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -8 -2011 Agenda No. C.0 Subject: Adjournment City of North. Richland Hills City Council Regular 'Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 8, 2011 7:04 P.M. A.0 Call to Order - Mavor Trevino A.2 Pledae - Councilman Whitson A.3 Special Presentation(s) and Recomition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 25. 2011 Citv Council Meetina C.0 PUBLIC HEARINGS C.1 ZC 2011 -08 Public Hearina and Consideration of a Reauest from Anthonv Swartz for a Revised Residential Planned Development (R -PD) (located at 6150 Browninq Drive, 11.73 acres) — Ordinance No. 3150 C.2 ZC 2011 -09 Public Hearina and consideration of a Reauest from QuikTrip Corporation for a Zonina Chanae from C -2 Commercial to a Redevelopment Planned Development (RD -PD) on two lots (located at 7537 & 7541 Boulevard 26. 1.71 acres) — Ordinance No. 3151 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.1 PW 2011 -029 Award a Professional Services Aareement to Cobb, Fendlev & Associates. Inc. in the Amount of $323,192.50 for the TIF 1 Expansion — Intersection Improvements /Utility Burial Proiect (ED0601) E.2 PW 2011 -030 Approve a Utility Assemblv (183 -U -0506) for the Citv's Utilitv Relocations as Part of the North Tarrant Express Proiect F.0 GENERAL ITEMS F.1 GN 2011 -058 Settina Date for Public Hearinas for 2011 -2012 Citv Budaet, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budaets F.2 GN 2011 -059 Settina the Date for the Tax Rate Public Hearina and Vote on Placing the Tax Rate Adoption on the Aqenda of the September 12, 2011 Citv Council Meetina F.3 GN 2011 -060 Amendment to NRH Code of Ordinances, Chapter 18, Article IV, Food Establishment Ordinance — Ordinance No. 3145 F.4 GN 2011 -061 Amendment to NRH Code of Ordinances, Chapter 18, Article II, Child Care Ordinance — Ordinance No. 3153 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements — Councilman Lombard H.2 Adiournment 140WLeJm !NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject Call to Order - Mayor Trevino CiltwAro}i !NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Councilman David Whitson Agenda No. A.1 Subject Invocation - Councilman Whitson CiltwAro}i !NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Councilman David Whitson Agenda No. A.2 Subject Pledge - Councilman Whitson CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject Special Presentation(s) and Recognition(s) Council Meeting Date: 8 -8 -2011 Agenda No. A.3 No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -8 -2011 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented lay: Agenda No. B.1 Subject Approval of Minutes of July 25, 2011 City Council Meeting Recommendation: To approve the minutes of the July 25, 2011 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — JULY 25, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25 day of July 2011 at 5:45 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Scott Turnage Tim Welch Staff Members: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Dana Alden Mary Peters John Pltstick Chris Amarante Dave Pendley Craig Hulse Bill Thornton Debbie York Kristin Weegar Call to Order Mayor Mayor Pro Tern, Council Place 4 (present at 5:46 p.m.) Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place B Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary City Attorney Assistant to City Manager Public Information Officer Director of Planning & Development Facilities & Construction Director Building Official Economic Development Director Assistant Parks & Recreation Director Neighborhood Services Manager Sr. Mgmt. Asst. — Dev. Services Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular Citv Council Meetina There were no questions from the Council. Mayor Pro Tem Barth present at 5:46 p.m. A.2 NRH Centre Construction Update Bill Thornton, Assistant Public Works Director, and Chris Amarante, Director of Facilities and Construction, presented a PowerPoint presentation updating the Council on construction activities at the NRH Centre. Mr. Thornton highlighted the construction activities to date and gave a status report on the finish out projects. Mr. Amarante highlighted the current work in progress and upcoming work over the new few weeks. A.3 Recional Assessment and Opportunity Analvsis for Inside Loop 820 Mayor announced Item A.4 would be the next item discussed. AA Discussion on Part-Time Neighborhood Initiative Coordinator Position Chief Perdue advised the City would like to partner with the Community Enrichment Center (CEC) to assist the City's Neighborhood Initiative Program (NIP) with donations and to manage volunteers and projects. The CEC has a 501 (c)3 Non- Profit exemption which would enable businesses to use their donations as a tax credit. The City is hopeful that with the use of their exemption, the NIP program will receive an increase in donations from businesses. The City would like to contract with the Community Enrichment Center for $20,000 to hire a part-time employee who will assist in managing and coordinating volunteers for specific projects, market the program, seek grant monies, and visit with businesses to obtain more donations. If Council agrees with contracting with the CEC, the $20,000 needed for the position would be funded from the NIP Donation Account. The position will need to increase contributions to offset the cost. The Council concurred with moving forward to contract with the CEC. A.3 Regional Assessment and Opportunity Analvsis for Inside Loop 820 Ms. Vickie Loftice, Managing Director advised the City contracted with Pros Consulting to provide a Regional Assessment and Opportunity Analysis for the area inside of Loop 820. The purpose of the study was to identify public and private recreation and entertainment opportunities for the economic development, redevelopment, and revitalization of the area. Ms. Loftice introduced 'Brian Trusty, Senior Manager from Pros Consulting. Mr. Trusty presented highlights of the study discussing the objectives, challenges of southside revitalization and recommendations for revitalization and attractions inside Loop 820. Council discussed the recommendations and questioned how to move forward. Staff advised how, with Council direction, they would begin to move forward with the recommendations. B.0 EXECUTIVE SESSION - The Citv 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 Attornev reaardina Pendina Litiaation - 1) State of Texas v. Citv of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. Citv of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property — southeast auadrant of Citv Mayor Trevino announced at 6:41 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: • Section 551.071 for consultation with attorney regarding pending litigation for 1 ) State of Texas v. City of North Richland Hills (No. 2011- 002840 -1)r and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) and • Section 551.072 to deliberate the purchase exchange, lease or value of real property in the southeast quadrant of the City. C.0 Adiournment Mayor Trevino announced at 6:58 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order July 25, 2011 at 7:04 p.m. ROLL CALL Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Mayor Mayor Pro Tem, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples City (Manager Assistant. City Manager Assistant. City Manager Director of Public Safety Managing Director Managing Director City Secretary Attorney A.1 INVOCATION Councilman Rodriguez gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Rodriguez led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category. AA CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 13.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JULY 11, 2011 CITY COUNCIL MEETING COUNCILMAN LOMBARD MOVED To APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -055 APPOINTMENTS TO CIVIL SERVICE COMMISSION - PLACES 1, 2,3 APPROVED Mayor Trevino advised Council he was recommending the reappointment of the following individuals to the Civil Service Commission: Place 1 Sally Bustamante Place 2 September Daniel Place 3 Bill Fenimore Council was advised the City employee associations nominate the Place 2 position and the North Richland Hills Firefighters Association supports Ms. Daniels' reappointment to Place 2. COUNCILMAN SAPP MOVED T© APPROVE THE MAYOR'S APPOINTMENTS TO THE CIVIL SERVICE COMMISSION. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2011 -056 APPOINTMENTS TO BOARDS & COMMISSIONS - PLACE 7 APPROVED Councilman Welch advised he was nominating the following individuals to the Place 7 position on the following boards and commissions: Keep North Richland Hills Beautiful Commission Holly Bullington Board of Adjustment Jerry Henry Library Board Jerry Sorenson Park and Recreation Board Mike Filis Planning & Zoning Commission/ Capital Improvement Steven Cooper Advisory Committee Substandard Building Board Robert McCary Teen Court Advisory Board Diana Goodwin Red Light Camera Advisory Committee Karen Williams COUNCILMAN WELCH MOVED TO APPROVE THE PLACE 7 APPOINTMENTS. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GA EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORT{ SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. The City of North Richland Hills reminds all property owners that lawn and landscape watering is prohibited between 10 a.m. and 6 p.m. Sprinkler systems should be set to operate in the early morning or late evening, when less water will be lost to evaporation. If drought conditions persist, Stage 1 of the Drought Contingency Plan may be triggered soon. This would limit outdoor watering to twice per week. Watch for more information about watering restrictions on the city's website and in the next city newsletter. The City of North Richland Hills also encourages residents to take steps to conserve energy. Efficient use of energy will lower your electricity bills and reduce the strain on the state's electric grid during the hot summer months. Energy saving tips can be found on the city's website at www.nrhtx.com. The North Richland Hills Police Department is accepting applications for the next Citizens Police Academy. The academy will be held from 9 a.m. to Noon on Thursdays. starting September 1 and continuing through November 17. Get more information on the city's website or by calling 817 - 427 -7000. Kudos Korner - Kevin Jackson, Public Works Department. A resident sent an email praising Kevin after he responded to a water leak. The resident said Kevin was very courteous and willing to help beyond what would normally be his job description. His behavior was more appreciated because it is so rarely demonstrated today. "Thanks again to a fine young man and an asset to the work force," the resident added. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:13 p.m. Oscar Trevino — Mayor Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented lay: Council Meeting Date: 8 -8 -2011 Agenda No. C.0 Subject PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 8 -8 -2011 Agenda No. C.1 Subject: ZC 2011 -08 Public Hearing and Consideration of a Request from Anthony Swartz for a Revised Residential Planned Development (R -PD) Located at 6150 Browning Drive, 11.73 acres) - Ordinance No. 3150 Planned Development Case Summary: The owner of the Bluffs at Iron Horse apartments, Anthony Swartz, president of Oxford Enterprises, Inc. is requesting a zoning request for a revised residential planned development to build 188 new apartment units (16 units /acre) on Browning Drive on the west side of the Cottonbelt rail line as part of phase 11 of the Bluffs at Iron Horse apartment complex. This property was originally approved for multifamily apartment zoning under a planned development in 1998 for two phases of apartments including 302 units in phase I and 198 units in phase 11. Phase I of the Bluffs at Iron Horse was completed in late 2001 and the required date for obtaining building permits for phase 11 expired on July 30, 2002. The owners are requesting to build a complementary phase II garden apartment complex with ground floor entry and townhome type architecture. The requested planned development site plan includes improved architectural features, pedestrian connectivity to the Cottonbelt regional trail along the railroad and building sound mitigation on all buildings facing the railroad, but the owners are requesting to be removed from the proposed Iron Horse TOD zoning requirements. Current regulations require 100% masonry on these types of projects unless they are done as part of a planned development. Since this project is being submitted as a planned development and the first phase was performed using a 50% masonry standard, staff is recommending 75% masonry on all two story buildings and 85% on all three story buildings. This increases the masonry percentage and still allows phase II to appear compatible with phase I. Background on Rail and Transit Oriented Development: Since the expiration of the phase II planned development in 2002, the City of North. Richland Hills began efforts to seek future commuter rail access on the Cottonbelt corridor as part of a regional transportation effort. A Regional Rail Corridor Study was approved by the Council of Governments in 2004 designating multiple rail corridors including the Cottonbelt rail corridor with 13 stations between southwest Fort Worth and DFW Airport. The regional study also identified two rail station stops in NRH. (Iron Horse and Smithfield) The Fort Worth Transportation Authority (The "T ") undertook a SW to NE Rail Corridor study between 2006 and 2008 with a preferred commuter rail alternative for this corridor. The City of North Richland Hills undertook a transit oriented development plan for the areas surrounding the future Iron Horse and Smithfield stations in 2008 including a series of stakeholder meetings with formal adoption of a TOD Code on August 24, 2009. The Smithfield area includes about 280 acres and was also formally rezoned at that time. The Iron Horse TOD plan includes about 150 acres and has been designated on the Comprehensive Plan but has not been rezoned. The owners of the Bluffs at Iron Horse were present at stakeholder meetings during the development of the Iron Horse TOD plan and were originally favorable of the plan with interest in creating 3 or 4 story buildings on the back side of the station platform with potential elevator and future walkway bridges to the station platform from the west side. Currently, The "T" is finalizing submittals for a $250 million federal transportation grant to kick off the TEX Rail Corridor with initial stops planned for downtown Fort Worth and Grapevine in 201512016. Other stops including NRH would be coming online in future years depending on funding and participation with plans for a fully operating system in 2030. The owners of the Bluffs at Iron Horse have requested to be removed from the Iron Horse TOD requirements for the following reasons: 1) the Bluffs at Iron Horse land is topographically much lower than the rail line 2) the owners want to build a compatible and complementary garden apartment complex with the existing phase I apartments under the R7 -MF regulations for a maximum of 16 dwelling units per acre 3) the Bluffs at Iron Horse property is on the edge of the proposed TOD district and could be removed from the TOD plan without affecting other properties 4) the owners want to build now and do not want to wait for several years on the potential rail station at Iron Horse 5) the owners are supportive of making pedestrian sidewalk connections to the regional trail system along the Cottonbelt rail line that would eventually connect to the final Iron Horse station platform Land Use Summary: • Total acreage 11.73 acres • Number of units 188 apartment units • Number of buildings 13- 2 -story buildings, 2- 3 -story buildings • Gross density 16.02 dlu per acre (gross) Minimum R7 -MF Standards: Provided 16 du/acre 650 sq.ft to 1,115 sq.ft. 41% (4.233 acres) 4.5% (.534 acres) 26 % 50 feet 75% on 2 story, 85% on 3 -story 429 + 104 tandem spaces R7 -MF required • Density 16 du/acre • Apartment unit size 650 sq.ft. • Openspace 25 %Q (1.76 acres) • Recreational space 10% (1.173 acres) • Building coverage 40% • Building height 50 feet • Masonry 100% • Parking 429 spaces Provided 16 du/acre 650 sq.ft to 1,115 sq.ft. 41% (4.233 acres) 4.5% (.534 acres) 26 % 50 feet 75% on 2 story, 85% on 3 -story 429 + 104 tandem spaces Requested Variances as part of Planned Development: • Recreational space less than 10% for phase 11 to be shared with phase I = fitness center, dog park, barbeque grills, swimming pool, sand volleyball, heated spas, lap pool, basketball court, billiards room, media roam, coffee bar, snack shop • New recreational amenities for phase 11 include internal pedestrian sidewalk access to regional Cottonbelt trail • Directional signage to all amenities • 100% Masonry for R7 -'MF — requesting 75% masonry for 2 -story buildings and 85% masonry for 3- story buildings — applicant requesting compatibility with phase I which only has 50% masonry, new architectural features including latest energy code, wood or simulated garage doors, decorative doors and windows Phase I and II Community features: ■ Media theatre with stadium seating • 24 hour access to fitness center ■ Dog park • Barbeque areas with grills • Swimming pool with water fall ■ Sand volleyball • 4 heated spas ■ Lap pool • Basketball court • Billiards room ■ Coffee bar /snack shop • Business center /conference room • Garages with remotes and reserved detached garages Apartment unit features: • Built in computer desk and entertainment centers • 9 foot ceilings with crown moldings • French patio doors ■ Custom maple cabinetry • Garden tubs with jets • Direct access garages ■ Interior stairways • Ceramic the entries ■ Walk -in closets • Built -in wine racks • Book shelves New Phase II Development amenities: • Unity agreement with phase I and phase II tenants rights to all amenities • Building sound mitigation adjacent to rail line • Significant updated landscaping adjacent to internal sidewalk trail • New directional signs to all amenities • New internal sidewalk trail connecting to regional Cottonbelt trail • Convenient close parking spaces to all buildings with tandem parking and overflow parking lots • Enhanced lighting of all buildings • Improved architectural and masonry from phase I development Staff evaluation regarding TOD standards: Staff has reviewed this proposed conventional garden apartment request against the recently adopted transit oriented development guidelines. Staff is supportive of attractive, urban, upscale living in strategic areas that can have sustainable value and interest overtime. These higher density living areas are appropriate in the TOD areas and Home Town. Staff is also not generally in support of adding new conventional garden apartments that may not retain value and sustainability overtime. The TOD guidelines are made for a more urban environment with higher densities with multiple stories and flat roofs. TOD buildings are typically built right on the street with rear parking and rear access. Enclosed stairways and corridors are also provided in TOD apartment living. The proposed Bluffs at Iron Horse phase II is more of a suburban residential townhome look {most of the 'buildings are only 2- stories} with pitched roofs and ground floor access to units and less density. While staff is not favorable of adding new conventional garden apartments, this request seems appropriate as a compatible development with the phase I Bluffs at Iron Horse on an odd shaped property that sits well below the rail line. Significant improvements including sound mitigation, upgraded masonry and architectural features, directional signs to significant amenities, and pedestrian access to the regional trail will complement and help the sustainability of phase I. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on July 21, 2011 and voted 5 -0 to recommend approval of ZC 2011- 08. Staff Recommendation: Staff recommends approval of the planned development for phase I I of the Bluffs at Iron Horse under the currently submitted site plans with planned improvements to enhance the entire complex and as an appropriate transition between an existing apartment development and the future transit oriented development around the Iron Horse station. Staff also recommends removing this tract of land from the Iron Horse TOD area because this parcel is an odd shaped property on the periphery of the TOD area and sits well below the rail line. Staff is recommending approval of this more conventional garden apartment complex because it serves as a natural extension and improvement to the existing phase I of the Bluffs at Iron Horse and was previously planned and approved for multifamily living. LOCATION MAP 7 40, Y W alf i "Am AERIAL MAP -L f . Browning.Dr - - Y IA � i � 50 N k 4 i s s , *� F 7 �oUtcler N k 4 i NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case #: ZC 2011- 08 Applicant: Arthur J. Anderson Location: 615+0 Browning Drive You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Arthur J. Anderson for a revised Residential Planned Development (R -PD) at 6150 Browning Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JULY 21, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, AUGUST 8, 2011 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Samuel D Etux Teresa Silva Jessie Etux Sharon L Whitley Company One LLC 5600 Sawgrass Ct 5604 Sawgrass Ct 8411 Preston Rd Ste 711 NRH Tx 76180 -0817 NRH Tx 76180 -0817 Dallas Tx 75225 -5519 Company Two LLC 8411 Preston Rd Ste 711 Dallas Tx 75225 -5519 Skeeter & Bucky LP 5944 Luther Ln Ste 405 Dallas Tx 75225 -5916 Regional Rail Row Co Attn: Dallas Area Rapid Transi PC Box 660163 Dallas Tx 75266 -0163 Nrh Industrial Prtns Ltd 5950 Berkshire Ln Ste 310 Dallas Tx 75225 -5846 Chesapeake Land Development Co 6100 N Western Ave Oklahoma City Ok 73118-1044 Ec Browning Ltd 3825 Camp Bowie Blvd Fort Worth Tx 761 07 -3355 Agllrg North Richland Hill LLC CIO Quadrelle Realty 1 West Ave Larchmont Ny 10538 -2470 Company tine, LLC, the owner of the 14.97 acres described as Parcel [ on Exhibit A" attached.hereto {the "Company One Property') and Company Two, LLC, the Owner of the 11,59 acres described as Parcel 11 on Exhibit " A! attached hereto (the `Company Two Property") hereby agree as follows: Far valuable consideration, the receipt and sufficiency ofwhieb is hereby acknowledged Company One, LLC hereby grants to Company Two, LLC, for the benefit of Company Two, LLC and the Company Two Property, and its .residents, and occupants, and their guests and invitees from time to time„ the non- exclusive, perpetual right, privilege and license to use and enjoy all of the facilities and amenities located on the Company One Property, including but not limited to the clubhouse, pools, basketball and other sport facilities, dog park and gazebo. Executed and effective this day of . , 201L Company One, ]LLC By. Oxford Enterprises, Inc., it's Manager BY , Anthony Swartz, President Company Two, LLC By. Oxford Enterprises, Inc., it's Manager By: Anthony Swartz, President ACKNOWLEDGMENT STATE OF TEXAS EUUPMV OF DALLAS Before rate (notary printed name) on this day personally appeared. Anthony Swab the .President of Oxford Enterprises, Inc., a Nevada corporation acting as Manager of Company One, LLC, a Texas limited liability company; known Lo me at proved to the through (State and DL or ID#) 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 considerationtherein expressed andin the.capaeity therein stated on behalf of said corporation acting on behalf of said limited liability company. 2011. Given under nay hand and seal of office on this day of Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS Before me .(notary printed name) on this day personally appeared Anthony Swartz, the President of Oxford Enterprises, Juc., a Nevada corporation acting as Manager of Company'rwo, LLC, a Texas limited liability company, known to me or proved to me through (State acid DL or MO) 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 cons deraitivn therein expressed and in the capacity therein stated on behalf of said corporation acting on behalf of said limited liability company. 2011. Given under my hand and. seal. of aiGce on this day of Notary Public, State of Texas The Bluffs at Iron Horse Corn m unity features To Wham it May[ibarcern. a . ZC 2011 -08 'tile Bluffs a; Iran. Norse Luxury Apartment Hynes, avirh its; outstanding features, 1, a grell Place far anvahe to ca ti home in addition to sour alevdy aabulous ameniiias fir I. weve added some great new featuresf In'the pasi.yeoralonc, wave added the fallowing ameriitlex • Dog park * Snark Shop • - Coffe Bar • Recycling Program • hrarad new, slate-af4he•art fitness equipment and fitness center upgrade fs €IhirdsR4am • Picnic Area • Goteho with Sea tins ar+ea New Pool Fumiture fleriido t RusW!si Center s Wi, cart hPW Paint 7hroughnrrt the COrmrtiunity In l rogrsss Tit[+ iatisiirg Amenities list is attached foryaiar review. Sincerely, Rasi Elliot# Properly Nbnager The Bluffs at Iron Hurmt 610e likOWNW. taR F A omm Rui -4rm Miu -% &s 76IN a Pm)NN 11748541;013 • FM 111 7-4115-1990 . .. . 1VSiriY.nLL'�F5.�ta *" L'E<tfla111[taSl nt.uP,3YtateR:n.Caal .. . The Bluffs at Iran Morse 00matit View of Fart Worth Skyline and lmn Hors@ 13a'f':Curse Gated Access with A.mote Entry GuragcskVith Remotes ResideaI ausine s Center WlthCorieron Media Theatre Mth Stadium Seating 24 Hour A-:cess Fi tness Center w /24 hr 5 On& Park e arbeoue ArM euith Or -21s Resort Slyle Swimming Peal Yrii waterfal Presti& sSIrdvi €le Schools Double Garages 3necle Shop Coffee tsar 24 Hoar Emergency Maintenance Professionally Landscaped Grnuods Conveniently Locates! Between Dallas and Fort Worth Reserved Detached Gafagrz Apa,1MMdt Ia'fures Gout A101. Kitfhwo with $Lwt•in Mkt Custom.flAspl Cabinetry Faux Wood tS.i,chen rlwrS Mirrored NlshAs Suitt In Computer De;kand Fntertfiloment Centers 9u[Nn Mae Rarks aonH Shelves* Ulshlwa 9 Ft Ceifitng%with Cra wn Molding's Stared -up Titer! Sho wens" Energy Efficient Ayplivices Malwe Vanities Fsstl Size WmherMyer Cone- ections l ouble Vanity Sinks' Ceiling Faros Gard an Tubs with Jacuzzi lets frost -Feee Rerrigcrat,orswiih icemkars Outside Storage it tts' FihereinWa1Qr Sys 4rng Direct Access Garje W O"ble -Pane Energy Efficieniwindowa LOrge Walk- In Close t; Fnwth Patin M"n. -E Spacious Pallm/Ba lea nies wit In OutsideStwaee' Energy. Ffficieot Air Coltetllioning Interior Sea €nvnys" Faux Mood Mom" " C @raYrr €t Tlle Entrys" Chair 'tells In Dining Area Two Tame Carstom Paint *in Sul Units CblllrilW' i#�y�gldlreS , Sand Volleyball d Heated Spas laµ Pool Recycle Program Cot Rohm Basketb7AI Cntlrt 01111ardi Roots ORDINANCE NO. 3150 ZONING CASE ZC 2011 -08 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 11.73 ACRE TRACT OF PROPERTY FROM R -PD (RESIDENTIAL PLANNED DEVELOPMENT) TO PD -23 (PLANNED DEVELOPMENT) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2010 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 WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 11.73 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A from R -PD (Residential Planned Development) to PD -23 (Planned Development) zoning and approving the PD site plan attached as Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. f:1►IIl19 N17- 1I`rI413 PASSED AND APPROVED on this 8th day of August, 2411. ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1 -1 ;J:19]►1=I'1_F'M 119X+161 ►10'x:16 John Pitstick, Planning & Development Director EXHIBIT A LEGAL DESCRIPTION THENCE, ALONG SAID CURVE TO TUB RIGHT" AND CONTINUING ALONG SAiD.SOUTHERLY LINE OF BROWNING DRIVE (60' R,O.W.), ANARC LENGTH OP 14163' TBROUGH A CENTRAL ANGLE OF 1 141' 35 ", SAID CURVE HAV INQ A RADIUS OF 69 3,89' AN D A LONG CHORD LENGTH OF 142.38 WFUCH BEARS S OUTH 84° 2 1'21" BAST TO A'W POUND IRON ROD FOR CORNER; THENCE, SOUTH 78° 3 ' 08" EAST„ A DISTANCE OF 74.50' CONTR4UWG ALONG SAID. SOUTHERLY Li13L OF BROWNING DRIVE (60' R:OM) TO A'I/P FOUND IRON ROD FOR CORNER, SAID CORNER BEING TIM BEGINNING OF A CURVE TO 37-S LEFT; THENC'F, ALONG SAID CURVE TO THELEFTAND COl IM DING ALONG SAID SOURLY LINE OF BROWNING DRTVS (60` R.O. W.) AN ARC LENGTH OF 152.38' THROUGH A CENTRAL ANGLE OF 1I 23' 20 ', SAM CURVE HAVII A R.AD= OF 766.81' AND A LONGS CHORD LENGTH OF 152.13' WHICH BEARS SOUTH 84° 15' 58" BAST BACK TO THE PLAC$ OF BE01"ING AND CONTAIt ING 19.97 ACRES (869.838 SQ. FT.) OF LAND. iPARCEL IE BEING part of Lot 1, Black I ofIRON HORSE, an Addition to the City of North Riohland Hills as recorded in Cabinet A, Slide 6180, Plat Records nfTARRANT County, Texas and. being a tract of land situated in the Tclitha Akcrs Su rny, Abstract No. 19, and the E.M.D.1�ing Survey, Abstract No: 892, TARIiANT.County, Texas and being more particularly described as follows: BEGINNING at a ItTl found iron rod at the intersection ofthe Southwesterly line of Browning Drive (60' R.O.W) with ihnNorth line of the Dart Railroad right of way (100' R.O.W); THENCE, North 39 Wes; a distance of 31.14' along said Sauthwolarly litre vfBroiwning Drive (60' F.O.W) to a cut X in walk for corner, said corner beinE the beginning of a ciwYe to the left; THENCE, along said curve to the left and continuing along said Browning Drive (6(Y R,O,W) an arc length of 134,54 through a central angle of 69° 18' 17 ",'said crave having a r"us of 11123' Md a long chord length of 126.49' which bears North 74 West to a 518" caliped iron rod set for comer; TI South 71 11 Wcs4 a distance of 83.13' continuing along said Southerly line of Browning Drive (60' R.r?X) to a 112" found iron rod for corner, said corner being the bMimtiirg of a curve to the right; TNI WM along stdd curve to the tight and continuing along said Southerly line of Erowaing'Drive (60' RO.W.) an are length of 167.Wthrough a central angle of 18° 00' 30 °, said curve having s radius of 534.00" and a long chord longth of 167:15' (called 167.84' inn the Deed of Trust recorded in Volm he 14621 on !Page 227, D.R. T.C.T.) which bears South 8 0 24' 02" West to a 112" found €Ton rod for corner; THENCE,. Scuth 89° 2Y 46" Waat, a distance of 65.95' continuing along said 9outhwaMerly line of Browning Ddw (60 R.O..W) to a cast X In walk for carnet', sold :comer being the beginning ofa curve to the right, THENCE, along said curve to the right and continuing along said Southerly line of Browning Drive (60' R.OX) an arc ten gth of 4.42' koagh a central angle+ of 00' 19 said curve having a radians of766.61 and a long chord length of4.42' which bears South 89' 52'27" West to, a out X in walk for cower; said comer being tine beginning of a travcrse along the comrnou boundary of Treat I and Tract 11; THENCE. South 05° 35' 11 ' West, a distance of 207.16' to a 518" capped iron rod set for corner; THENCE, South 51 29 8 West, a distance of 584.25 to a cut X in pvmt for corner, THENCE, South 35°30'(11" West, a distance pf 218,57' to a 518" capped Iron rod set for homer; THENCE, South 48° 3T5 9" West, a distance of 87.87' to a cut in pvmt. for corner; THENCE, South 16 30° 01 Went, a distance of 413.67' to a. 518" capped iron rod set far comer; THENCE, Saute 21 34 West, a distance o €45,68' to a 518" capped iirate rod set for corner; THENCE, South 28° 04" UK" West, a distance o €252.06' to a 518° capped iron rod sot for cornet, THENCE, South 59° 49 West a distaaaa of 112.75' to a out X it pvra for corner; THEKC$, South 30" 10' 3U" Feast, a distances of 18.50! to a 518" capped. iron rod set for comt:r; TFMNcE,. South 59' 49' 30" West, a distance of 44.09' to a out X In pynit for comer; THENCE, South 43° 25' 42" West, a distance of 126,51' to a 518" ceppad iron rod not for corner; TULNCB, Satoh 32 58' 22" West, a distance of 123.21' to a 518" capped iron rod set for comer; THENCE, South 49° 48' 00" East a distance of 84.25' to a ant X is pvrnt. for Corner; 'dMNCE, South 21° 3p' 21" West, a distance of 14224' to a 518 " capped iron rod net for corner; THENCE, 'North 58° 25' 51" Walt, a distance of25.3W to a out X in pant. for corner; TUNCE. South 31° 34' 09" Wcs% a dtomce of 80334" to a cut in pvmt. for corner; THENCE, South 58° 26' 17" East a distance of23.52' to a 518" Capped iron rod set for comer; THENCE, South 38° 32' 51"` West, a distance of 61.25" to a 518" capped iron rod set for corner; THENCE, Sautb 77" 3115(y, West a distance of 202AV to a 518" capped.ima rod set for corner and departing said common boundary sdf Tractl and TIract II; T131 NM South 12° 28' 10" East, a distance of 113:30' to a la fotutd iron rod comer; THENCE, North 89° 19'22" East, a distance of 299.89' to a 518° capped iron rod set far corner; THENCE, Borth 30° 42' 46" East, a distance o €1269.38' to a 518" capped iron Tad sot corner, said comer bein g tare beginning of a curve to The right, THENCE, along said curve to the right an are length of 722.84 - bmugl a cw=l angle of 21° OT 49", said cytrvc leaving a radius of 1960,00' and it long chord length of 719.75' which bears North 41 1 19' 40" Best to a 518" capped iron rod set tar cursor; THENCE, North 520 07' 40" Past a distance of 726,56 to a M" found iron rod for ceuue , said aornOr being the beghmtng ofa carve to the right; THENCE, along said curve to the right an are length of 91.46 through a central angle of 00° 58' 38 ", said curve having a radius of 5362.60' an4 a long chord leugrh of 91,46 vdiich }rears North 51" 39' 41 "East back to the PLACE OF BEGDO REIG and cort 11.59 acres (544,779 sz . I) of land. EXHIBIT B - - - - - - — --- - �Xl�T�x _.. �- ss xN4BE1 P1ipEAlIpUL�FEkPh� $. sX" / bnwrbnx hsaa dM4lka vd mevlw umtlw Poablbddai htidinNUq Fm r _ ,. � nnWxx �45xIWli1l lxr�[bulb;mj Wes. EXISTING �� i•�� �,w�.��o.ro�wm�.�o,.� '� �,^ � � ^, 'mraar dd�nq aeehn ggbdbee bxxnrtwhobp nn�a�n.x PHASE 1 »wee,oXe+swce �3 _. - .._. � /^ •rne��: , vrwx ..e.�reue. aa tArdiFd_ r 3 - J //, ` ` f /' � NaF �uBWtn �vW7`M nl xfWnW vo.a � aawy d. y qm xa f �r a n,a4.nia�wrxh�enr�n. v rx X4af. - ' i � • , >� �" , , /� �.p.r �. ,� y� gRM OOS CraruXS u� - anw� �.xa s.m m=n«�nei . ^ 1 j•" r � way [asEOXl n3M�m9bX�aat k N�.rfa 'Rmr t om'' w4 �w.rg+e Mpnbwin nmmrcaMaatltll gun q %YM1' - � wMa�nu mu+dd neNl+r�MaerNnpm.r Xae6esa kcbwaMnrl _SV47.o9"WQ r., rewmrnm,wa®,.awb.m r®Xbn.o�nxdror » ._ W. e r Q DReCTImHALRMENIN°,.MAGEEYAMPLE PNi19WG LOT LOGHT POLE EXM9PLE r r l� f y �Y• I SCALE. 1' = BfY (34 SHEET) pry (0 l PHASE DON CEPTPUW • NORTHERN SECTMN r� .� A201 b ' I rwHECpapeBXnCE lam' wu im 2 ' 0` w IN 247 ----------- - -- rAwrca4 uwE x " rr r>� Q2 O�AA TERELEVATIaw 07 y ,EMPtiR�pNG OwdrevA � ' � ,� .�• .'' �eare,roasF, nrwimEMFfa'w� - u.,,ai , ��( �: I. r �. — .,. .I�7.��.y cws€icxvrsw�t r �• - s • fp/ w � ,.r ,srva q�7q 33 OOAIP sf �.RENCLCSURE CHNi;4CTER ELEVATION , rP/ • xrmupr evr L�I a � T+L 1 , ,6 _ .� ..__. — - f - j PHASE 1 a.ma� [ L C"ARACM ELEVATION { e 9 f nnwv rm ' t l' I .'i - �! 0•r BPFN 6PNCE �" - p�7�p >asawnou�.� h Sr 1�51 fi r.. � ' �5 iZBkIP TY � R f1CL06URE CFfARACiER ELEVATION -IPorr wm:. __ --- w _..::, ,''�.. i . / - - ./ Pxa�zaren araix ■h a.,..r „,<x�.. ` LOSURE CHARACTER ELEVATION - p � € N7 SCALE: s =sD” (%'SG� o1 liAg YJOWEPTPLM- SOUTHEtNSECTION , A201a see.trs� .. 4' w 12V 240` SCALE: 31. C. = ., r_ G' 8' 16 �fl'f4HE FEERCEIENT $NINE. _ COIWIPCO M StlHEL6S i f TYPE 1 FRONT ELEVATION 01 SMILE: 1 783 sraNE 218% FIBER CEMENT SIDI% COMP08171ON FIBER CEMENT SHIITES SUNG FIBa CE#ENT SIDING STONE I ' 'Wti?.E: the felediig dents eed zaieMUetion. aikre Am be.&— m 1.. M h a 76year di—.bW I -md ahingk W3 aN,". P. AY geraye d —ehnlb ieeEe Me ee lillk dwend Wh ll� dec 9. aeteM ieetla. 7. All f—t,An —.hall wftl d 48h61aK Anil wWwrF A. Anyaapwede eeanm shall ke wk" wdar. 7.. fro rbw m0 ski&W W*klo a IInW%ahO b. Wm p. E•" daces owl bet wwmwb *�of ab4 mm" d N ms decaeHra ns W ral dbalOf er ww a ft-0. paw I—& :. w I py7 dwa l..arw. a 4r � r1PP1Fk 1:"L1K? TYPE 1 LEFT ELEVATION 02 SCALE 3W--1 32' 77.3% STONE .7%FIBER CEMENT SIDING FIBER. CEMENT FISERCEI@R STONE .-SIDING. STONE COMPOSMON SIDING -- SHINGLES Fl SER CEMENT C❑MIAWITN]N SIDING STOW SHINGLES TYPE 1 REAR ELEVATION 42 vW-1-0' 76.3% STONE 23-7% FIBER CBAENT SIDING SCALE: 3118" = V - TYPE 1 RIGHT ELEVATION 00, [11 SCALE: a01r-V � 76.4% STONE O' 8' 16' 32' 23.6% FIBER CEMENT SIDING A414 G ull Zin SCALE tl' =1'-0 1P . 118' 3e F AR ELEVATION ffi65 SM 145% R&RCELENTMM t r r+ew Ea¢fr sari¢ �I I n 'N67E: The }uleriiiy deaitpr end ceneauetren eeiYrii W1.6e b: 1. ' Eea]6gear dime 6.1S mA shm�e Ih }my ahiiggb P.A lgimW do ilull W,hues of seas of iimkk weed ah ruaed die &tl A Mipeetle 7. All f—m ai —.MII k dWv Wiah[L -4, 0 ntdww. A. Myanpwadn ecenla ahall ea WkW order. 1.. parse doe, ind •lochs — Hinp.. IInr11 ing G p-ka 5. Entry seem hwl"x er Paergkee;.e;"el WM MMMd a Y �, .aid~W 01 TYPE UFNT ELEVATION f2% MW IU EERCHEWSCIG yew nieM aoue[aaiar Nie�a,mi _'JOdll_ _eAw! '.HI/&Lt SiQ1C ]C[19 8iH31L5 Bi'ONF A423 R _ •• "� seas 'd0am y g r : � =17l '�1 e` �l��ii me im mm� mi.Zii Il i 11111H � � i aaam� Banns n eaesna •I:nisa " erg F AR ELEVATION ffi65 SM 145% R&RCELENTMM t r r+ew Ea¢fr sari¢ �I I n 'N67E: The }uleriiiy deaitpr end ceneauetren eeiYrii W1.6e b: 1. ' Eea]6gear dime 6.1S mA shm�e Ih }my ahiiggb P.A lgimW do ilull W,hues of seas of iimkk weed ah ruaed die &tl A Mipeetle 7. All f—m ai —.MII k dWv Wiah[L -4, 0 ntdww. A. Myanpwadn ecenla ahall ea WkW order. 1.. parse doe, ind •lochs — Hinp.. IInr11 ing G p-ka 5. Entry seem hwl"x er Paergkee;.e;"el WM MMMd a Y �, .aid~W 01 TYPE UFNT ELEVATION f2% MW IU EERCHEWSCIG yew nieM aoue[aaiar Nie�a,mi _'JOdll_ _eAw! '.HI/&Lt SiQ1C ]C[19 8iH31L5 Bi'ONF A423 SCALE W= ?-V 0rt 9' 18 e)1 j 2IJOHTELEVATION 6596 WK f {b %FURCEOTSM TYPE LLE FT ELEVATION 917% mw 133% FEER CEUM MMlG 'WtiE The felediig deaipn end eaieMUetion. aikre eA.M beael—m 1.. M h a W,.r di —.bWh mn hingk WS .N,". P. Al garage dm eheb W ieeEe Me of iirftk dwend Wh fl dec &tl A Apmtle. 7. All f—t,mn —.hall Wfta dth6 L —EHeyl wWwrF A. Anyaapwade aeanm Anall W wk" wdar. e.. Dw� &w and skl&V M*klo de IlnW%shg b* Wm 5. F " decee owl get wNMWM *�of mhg mm" d a 11Ma ma deccaaHrar petal&Lr er Nwa ft-0. ph'. —& f. All pyT dwr 1rArwe.4%� r1PP1Fk A424 C-0YfNiHl9i1 FFYi Re61f i im! meG eaule fasr ffi�E #T �P09114T1 _SSE _ItBA same y r T.., TYPE yj ' r r + � 7826 8.`. I I j+ V .r.t T TYPE I , p i _„� SOINCLPTB _ f j � l f J � eucarc I erg Is REARYARD SETBACK IN WEN OF f {y' • 4T REd1ARE075`REAR Y,ML1 sEf6AL7[ _ T T TYPE I 8 f a 79261.4. uN05cave LEr3en T r•. r r a T r T ' TY7E1 HIKEIBIKE TRALL i oaw WITH DOG STAT r T _ T nwnpsi. am.� rfPEI f I « wn �y � 999 ` 7826 ar >ti WROUGHT IRON FENCE + ,,.mss 9 G J f f M A u A �! LANDSCAPE PLAN acu ensou• HPA TT a + — r'fr 5.1 � • TYPE I �,rw F l— TYPE I { �,.•��' 7826 s.f � e a i� T TYPE I ." a 7026 &f e .-nq- V � T TYPE I 7826 V. 4 G4PE LEGEM9 ar t / ru n. 'v°`ra�, e. 3XRUH$ i TAPE I .a., 7826 s.f- — P + r � � euaanr l9vl vmmv.m. ! � Y ° 'SIIPFACE �T611A�15 ��� i c� T r r L 2 . 3 7 ' LANDSCAPE PLAN I •� MPa ma 7? 1 a T -T T T T r TYPEI LANDSCAPE PLAN B LANDSChP TRR Es ELEGEND x T r T' I X to 7B7626 s.f. T T TYPEII T 14 14.613al 7826 s r, it - lZr _z,:lNN Lu T T LANDSCAPE PLAN A 0 L3.3 HPAO-091M EXCERPT FROM THE JULY 21, 2011 PLANNING & ZONING COMMISSION MEETING ZC 2011 -08 Public Hearing and Consideration of a Request from Arthur J. Anderson for a revised Residential Planned Development (R -PD) (located at 6150 Browning Drive, 11.73 acres.) Chairman Shiflet opened the Public Hearing and asked the applicant to come forth. Tony Swartz, Developer, 8411 Preston Road #711. Dallas, TX, and Michael Smith, Humphries and Partners Architects, 1401 Indian Wells Trail, Midlothian, TX came forward. Mr. Swartz said they have been the owners of the Bluffs Phase I for approximately six years and thought this was the perfect opportunity look at building Phase ll. The original developers had built with the intentions of Phase II very quickly so the amenities and utilities are in place but the market just wasn't there. Mr. Swartz gave a power point presentation of the property and amenities. Michael Smith came forth and continued the presentation showing more amenities to include the public walking trial down the length of the site to eventually connect to the Cotton Belt Regional Trail System at the northeast corner. As part of the negotiations with Staff they have agreed to put signage to all the amenities because they are spread out over the property. He said there was a concern in the past about parking in the fire lane on site but that has been alleviated that on the new site by having the required per code parking within walking distance between each building so there are no remote lots. They have also agreed to put up signs in the fire lanes and work with the Fire Department regarding violators. Mr. Swartz gave a brief presentation of the company overview. John Pitstick came forward and gave a brief background history on the Bluffs revision to the Planned Development. He said the Transit Oriented Development Plans and Regulating Plans were approved on August 24, 2009 but has not been re -zoned but is currently part of the TOD Regulating Plan for Iron Horse. The owners are proposing to build identical units to Phase I for the remaining 11.73 acres with a request to remove this parcel from the proposed TOD Iron Horse plan. The owners see an immediate market demand for multi family and did not see the Transit Plan coming for several years. Originally Staff had concerns with the original submittals for this development because it did not address the TOD plan, density issues, convenient parking spaces, masonry requirements, lighting, landscaping on Phase II, pedestrian access to regional trail, amenities for Phase II, reduction in dwelling unit sizes, improved architectural elements and elevation of the future railroad tracks in regards to sound mitigation. The developers, architects and owners did respond by meeting all of the staff concerns and Staff recommends approval for this development because it serves as a natural expansion and improvement to the existing Phase I and was previously planned and designated for multi - family living. Mike Benton asked if there would be any lighting on the pedestrian trail or fencing with the close proximity of the rail system? He has concerns with pedestrian safety along the corridor. John Pitstick said yes, there would be lighting on the trails and a wrought iron fence along the rail tracks. Tony Swartz answered the lighting would be adequate to ensure safety of the residents. Michael Smith said that the way the building is laid out the back side will have more pedestrian traffic than the front. The side that faces the street is all garages on ground floor and will be very nice and landscaped with overhead lighting. Chairman Shiflet asked how many buildings would be like the Big House Prototype. Michael Smith said only the first two floors can have the direct access garage whereas the third floor is the breezeway hallway with separate dedicated stairs. Chairman Shiflet asked if this is recommended to City Council would it be appropriate to have the Unity Agreement signed. There was a discussion about the agreement being signed when if and when approved. Chairman Shiflet asked if anyone else wished to speak on this matter. Seeing none he closed the Public Hearing and entertained a motion. Don Bowen asked for clarification on the motion with the Staff recommendations. APPROVED Mark Haynes motioned to approve ZC 2011 -08 to include lighting on the trail, signed Unity Agreement and to remove this from the TOO. The motion carried unanimously (5-D). Don Bowen asked if the rest of the Cotton Belt trail was lighted. John Pitstick said no, it is not, this would be an internal trail to connect at Browning at the entrance. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 8 -8 -2011 Agenda No. C.2 Subject: ZC 2011 -09 Public Hearing and Consideration of a Request from QuikTrip Corporation for a Zoning Change from C -2 Commercial to a Redevelopment Planned Development (RD -PD) on two lots (located at 7537 & 7541 Boulevard 26, 1.71 acres) - Ordinance No. 3151 Case Summary: The applicant, Quik Trip, is requesting a zoning change from Heavy Commercial to Redevelopment Planned Development on a 1.71 acre parcel at the northwest corner of Boulevard 26 and Road to the Mall to redevelop vacant commercial buildings to a modern convenience store and gas station. Existing Site Conditions: The property currently includes vacant IHOP and Room Store buildings. The Boulevard 26 frontage also includes the JoAnn Johnson trail. Comprehensive Plan: The Comprehensive Plan depicts commercial uses for this area. Thoroughfare Plan: The lot has frontage on Boulevard 26 which is designated as a P6D Principal Arterial. This is a TXDOT roadway and not planned to be improved in the near future. Surrounding Zoning I Land Use: North: HC (Heavy Commercial) West: HC (Heavy Commercial) South: CS (Community Services) Calloway Creek Commercial area East: HC (Heavy Commercial) Case Review: This parcel falls across the street from the old North Hills Mall property currently known as the Calloway Creek Commercial area. Ongoing efforts have been underway for improvement and revitalization of the Boulevard 26 corridor. This property also is directly east of a shopping center with Harbor Freight a popular hardware destination. Quik Trip plans to build a 5,720 square foot modern convenience store set back on the property with a canopy and pump islands. There will be a shared driveway with the Harbor Freight center to the west and a deceleration lane off of Boulevard 26. Quik Trip is proposing to dedicate 5 feet of right of way for the future improvements of Boulevard 26. The JoAnn Johnson trail will be slightly relocated behind the deceleration lane. Landscaping is provided through out the site with between 15 to 20 feet of landscaped buffers along Boulevard 26 and Road to the Mall which exceeds current requirements. Overall the new convenience store should provide an important redevelopment piece and stimulate development along the Boulevard 26 corridor. Quik Trip is providing an attractive all masonry building with dark brown brick and red and white logos. There are two front entrances and an outdoor seating area. According to Quik Trip this is there current and most recent concept. Requested Variances as part of Redevelopment Planned Development: Quik Trip is requesting two variances including an 8 foot tall monument sign in lieu of a typical 7 foot tall monument sign and a flat roof canopy in lieu of the required pitched roof canopy. The proposed offsetting amenities includes a reduction in overall signs from two allowed monument signs to only one sign and Quik Trip is proposing to remove all above ground power poles and bury all utilities to offset the flat roof canopy structure. Staff is in favor of these requested variances with the proposed improvements. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on July 21, 2011 and voted 5 -0 to recommend approval of a planned development for Quik Trip as presented. A letter of opposition was presented and a spokesman from Horizon Food Mart and Shell Station north of this site attended the P &Z meeting protesting against this case because of concerns over competition from Quik Trip. Staff Recommendation: Staff is recommending approval of Zoning Change request ZC 2011 -09, Ordinance No. 3151. This modern convenience store concept with full masonry and new architectural features are a welcomed site along Boulevard 26 and staff is encouraged that this new facility will be a catalyst for ongoing redevelopment of the area. I 110197A d 1911 1 ►► FI-11 iLLL1 \ \ / / FFFFII--'l AERIAL MAP I � 1 40 1 41111111111111111 l j ol �/ � � � \ ��� \� \� � �� . ol �/ � � � \ ��\ \. \ \ � � �� z� ;� .� �:� « � .� NOTIFICATION OF PROPERTY OWNERS { NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS :.` PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case #: ZC 2011- 09 Applicant: QuikTrip Corporation Location: 7537 & 7541 Boulevard 26 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 Hearina: A Public Hearing is being held to Consider a request from QuikTrip Corporation for a Redevelopment Planned Development (RD -PD) at 7537 and 7541 Boulevard 26. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JULY 21, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, AUGUST 8, 2011 Both Meeting Times: 7:00 R.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7361 Northeast Loop 826 North Richland Hills, Texas 76180 Phone (817) 427 -6366 Fax (817) 427 -6303 List of Property Owners Notified Name Brands Inc Wilshire State Bank La Verne Butterfield LP 7215 S Memorial Dr 3200 Wlshre Blvd 5150 Overland Ave Tulsa Ok 74133 -2943 Los Angeles Ca 90010 -1333 Culver City Ca 90230 -4914 Tex Mery LP % Michael Kest 5150 Overland Ave Culver City Ca 90230 -4914 Shing Long Invest Ltd 7536 Boulevard 26 N RH Tx 76180 -8318 Sri Real Estate Properties LLC 300 Johnny Bench Dr Ste 300 Oklahoma City Ok 73104 -2471 Tex Mall LP Attn Michael Kest 5150 Overland Ave Culver City Ca 90230 -4914 James L Adams 1009 Leroy St San Diego Ca 92106 -2418 Nekkoa LLC 2324 Rippey Ct El Cajon Ca 92020 -1743 Janelle B Scott 103 S Mesquite St Ste D Arlington Tx 76010 -1132 Keith B Lansing Trust. % Vertstraten 'Financial Sery PO Box 3610 Ramona Ca 92065 -0962 Christopher R Nelson 4232 Ken Michael Ct N RH Tx 76180 -8320 Tsca -225 Limited Partnership 301 S Sherman St Ste 100 Richardson Tx 75081-4176 Five Star Car Wash LLC 313 N Hampshire St Saginaw Tx 76179 -1319 Thomas Dudley McCarty 4224 Ken Michael Ct N RH Tx 76180 -8320 Oncor Electric Delivery Co LLC State & Local Tax Dept PO Box 219071 Dallas Tx 752.21 -9071 April 23, 2011 City of North Richland Hills 7301 N. E. Loop $20 North Itiobland Hills, TX 76180 RE: Authorization for North Richland Hills Applications To Whom It May Concern: Upon signature of this letter, QulkTiip or a QuilcTrip representative is authorized to submit any pertinent zoning, site plan, or plat application to the City of North Richland Hills involAng the property located at the intersection of Boulevard 26 and The Road to the Mall. Should you have any questions or need additional inforniation, please call. Sincerely, A-L Keith B. Lansing, Trustee Cboxojette Verstraten, his attorney in fact Z/Zd WUZF:TT TTW 90 'FiEW LWS 202 6T9 : 'ON 3NDHd saol6jas JVTOUPUTA Lrc - 4ealsuan : w06j PROTEST LETTER RUH Enterprises. Inc. d /b /a Horizon Food Mart July 21, ?011 To: City of North Richland Hills Planning and Development 7301 I'VE Loop 820 North Richland Hills, TX 76180 RE: Notice of Formal Protest against Zone Change of: 7541 Boulevard 26 (former Rooms to Go) and 7537 Boulevard 26 (former IHOP restaurant). North Richland Hills. TX Dear City Counsel Members: I would like to formerly protest the zone change for the above referenced site for the development of Quick Trip Convenience Store with Gas Station. I am writing this letter as both a 9 -year business owner and a 13-year resident of the City of North Ricl -land Hills. I am truly concerned with this development and think it is a bad idea. I understand fire city wants to redevelop Boulevard 26 and increase business there, but it will not happen with an addition of an unneeded and unnecessary gas station. My Shell Gas Station, operated under the naive Horizon Food Mart, already exists there and provides the necessities of the people passing that area. The opening of a (wick Trip is equivalent to the opening of a Wal -Mart, which puts small hard working Americans with small businesses, like myself out of business. Quick Trip will be creating a monopoly of the area, having a gas station on all exits and putting their competition out of business_ The city cannot at the expense of a small business owner allow a corporate giant like Quick Trip to come next door and farce them to shut down. I plead to all the city council members to look out for the well being of its small businesses and residents. This is my family's only source of income. It is where I pay my home mortgage from, it is where I get my income to send my four bids to college and it is where I get my income to buy my groceries and pay my utilities and car payments. By allowing Quick Trip to re -zone and develop near my store will cause me to foreclose on my business and home because I will not have an income. The city is trying to redevelop a closed down area but instead will make an existing business close dawn. We are in bad economic times and should look out for people on Main Street and not Wall Street. Big businesses like {wick Trip and Wal -Mart is what hurt our economy in the first place.. Please reconsider your decision and the effect it will have. Sincerely, �► ameed 7605 Grapevine Highway North Richland Hills, TX 75180. Mobile 817 - 690 -2364 Office 817 - 543 -7940 ORDINANCE NO. 3151 ZONING CASE ZC 2011 -09 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 1.71 ACRE TRACT OF PROPERTY FROM HC (HEAVY COMMERCIAL) TO RD -PD (REDEVELOPMENT PLANNED DEVELOPMENT) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2010 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 WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.71 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas. more particularly described in the legal description attached hereto as Exhibit A from HC (Heavy Commercial) to (RD -PD) (Redevelopment Planned Development) zoning and approving the PD site plan attached as Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. U ZI III 19Pvf*xelNBUIZ1453 PASSED AND APPROVED on this 8th day of August, 2011. la ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1;1 »:1+1►1=I l7_[:a 0xvie]'► I I=I'► I I John Pitstick, Planning & Development Director EXHIBIT A * PROPERTY DESCRIPTIONS LOT 2R, BLOCK 1 OF 3RD FILING, NORTH EDGLEY ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388 -137, PAGE 5, PLAT RECORDS, TARRANT COUNTY, TEXAS. LOT 3R, BLOCK 1 OF 3RD FILING, NORTH EDGLEY ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388 -137, PAGE 5, PLAT RECORDS, TARRANT COUNTY, TEXAS, WINNIMMI-flIMMIR.1 - A trg" - - - - - - - - - - ------- 7 QT W 1 SWC HYW 26 & ROAD TO MALL 9 1 ,1 - 6,720S.F. .9 LA MY= z IE VARIANCE REQUEST TABLE " LI ...... ............ 7 11 , I is 1, LANDSCAPE PRELIMINARY ........................ me � �lj ® ,�� I � � � .tea ,,,�, W all 91 MIT— P�2 El z 0 0 n 0 0 0 0 1.91, Al. A= T= 7 1- - - - -° -- - -- - -- es4 2• —IT 0. STATE HIGHWAY NO. 26—BOUI—EVARD 26 BUILDING ELEVATIONS CWThp - 559 �� Hwy 26 F Rood to We Moll � C, Richland Hills TX k - 1 , D03B €1-00 - 01 NTS .., .,. . 1,--- ... -- , t— .d �a w, >.... I! ... III Crl_h'DL1► 107 wd =1 I A ■►_r 9 101 L rare I I I I '— f 11 T � 1 I I L -I< JznF bn j Quwdp - ' ��� 851 Hveyr ?B & Road t) the Vol II lerfh Rlchlond Hill., TX I GIDIOGELCO -01 I�� IN TS III a,�.'A"AFJ'�tF1`.�.L�I9!. �• " 4Ri,�C7 JR'"AGT.�'f91 !. ! SIGN Cie M – 1 [� — qqtt //V�/�l LV 0/ H N g f. o R'— s B" 9" D v 0 w 5• 1'- 11'!ib" ge 7` —D" _ LEERAL _ 6°NUMERkL In GREEN TEXT - —T r r. S � 12`NUMERAL .� I S'Rm TEXT METAL 7 - ^ TEXT s � u L I _4 - - -� BRICK � SPEC[F3CATlIXJ4- xaL� 114'= V-U' Rat Snlartaede, lcw rcFar8,.1TT[M1kkrcea CaM[ed mr 2ndavfare NmatcN iM CBednel Ped Tra�lucenLA3G32 -53, Akaf NMN,� ,���. - ,� P mmfwcceunl. - ��„ �twr MP412 -2Pf3U 4 �[5r..1.r Bede,Cknr team Fece,.1)ilhickue:,Winked rm 2M— l—, akmHnide&x6,— .- I'Fr,.n[Rumvd -s, Clear ReNeh. Cor• —d a font Product Penek,Lx ,Cleartaxta ,pin ted End wrfaw ANao dtobal B�ac%, 6pw4Prodvct Panstws�tad Ervd wrhwmmaKn y LPGQ Cabi.Vp,"rCebloWlt w y a d5nN414F LOWUlo- Faice Il QbIMt w N andU IWdA=ble Mwk+l— GVas.,^,teen[TI nWkMdl wrim�N¢u Noble 4T 851 F. Slrn-Lvw Gk- 9e—d 5urr rd a & Hrmk hY.3nEhl 9faek d[las 1 L1 3rI p I II � %rSTIw� LFOENO p ff 1 �7-7. 00 OL I' n za i,mw:r ' a 1 C] 4 _ I a G s t s �— � err -- � - - -� -- ------ - - - - -- -- — STATE HIGHWAY NO 26— BOULEVARD 26 5 i '� (R Y &....iM 9JC wrHr -CS � - �..• { �4 ,D� 0030 EXCERPT FROM THE JULY 21, 2011 PLANNING & ZONING COMMISSION MEETING ZC 2011 -09 Public Hearing and Consideration of a Request from QuikTr p Corporation for a Redevelopment Planned Development (RD -PD) (located at 7537 & 7541 Boulevard 26, 1.71 acres.) Chairman Shiflet opened the Public Hearing and asked the applicant to come forward. J.D. Dudley, Real Estate Project Manager for Quick Trip, 1120 N. Industrial Blvd, Euless, TX 76039 came forward and thanked Staff for their work through this process. He showed a power point presentation of the Generation III store being proposed with a new concept of a three way entry with a 16 ft. offset. There will be new features of the building which include awnings on top of the canopies, eliminated the red banner on the front of building, changing of monument sign, and color changes. The rear door in the back will only be for deliveries to keep gas and convenience store customers will not be running into the delivery and vendor trucks. There are new architectural features with 8 ft parapets and cornices with a titanium look. The inside of the store will also change to include a bakery and commissary to enhance the Quick Trip kitchen. Indoor and outdoor seating will be included. Mr. Dudley said they are requesting two variances including an 8 foot tall monument sign in lieu of a typical 7 foot tall monument sign and a flat roof canopy in lieu of the required roof canopy. The proposed offsetting amenities includes a reduction in overall signs from the two allowed monument signs to only one sign and Quick Trip is proposing to remove all above ground power poles and bury all utilities to offset the flat roof canopy structure. A total of five power poles will be removed to include the overall concept of the Blvd 26 revitalization. Amar Hameed, 7605 Blvd 26, NRH, came forward speaking against the development of Quick Trip, representing the Shell gas station. His father owns the convenience store and states that having a Quick Trip in the neighborhood would force his father to close his business because cannot compete with their low gas prices. John Mc Intosh, 6636 Carston Ct, NRH, against the development but did not wish to speak. Chairman Shiflet said there was letter submitted by Horizon Food Mart explaining their opposition to the Quick Trip. John Pitstick came forward stating that the applicant is requesting a Zoning Change from HC to RD 1 PD to redevelop two vacant commercial buildings to modern convenience store and gas station. The vacant I -Hop and Room Store Buildings will be demolished. Quick Trip plans to build a 5720 square feet store set back on the property with canopy and pump islands. There will be a shared driveway with Harbor Freights to the west and a deceleration lane off of Boulevard 26.They are proposing to dedicate five feet of right of way for future improvements on 26. The Joann Johnson Trail will be slightly relocated behind the deceleration lane, landscaping provided throughout the site including a 15 feet area which exceeds our current requirements. There is an attractive masonry building with two front entrances and outdoor seating area. The requested variances include request for a n 8 foot tall monument sign in lieu of a typical 7 foot tall sign and a flat roof canopy. Our current regulations require a pitch roof for all roofs and canopies. Their request wants to offset that with the reduction of poles signs and ground pole signs to bury the utilities. Staff overall is in favor of this development and recommends approval, however understands the local businesses, but would like to point out that with the development of Calloway Creek and other major retail could help in growth with other business. We feel this would certainly stimulate redevelopment in the area and hope would stimulate development across the street so their would be an adequate demand for all the businesses in the area. Chairman Shiflet asked about the Zoning Change from Heavy Commercial to Redevelopment /Planned Development and what would be allowed under the Heavy Commercial? John Pitstick said typically if they didn't have any variances, they could come in with a Special Use Permit without those variances. But they would have to meet all the guidelines. APPROVED Mike Benton motioned to approve ZC 2011 -09 as proposed, seconded by Don Bowen. The motion carried unanimously (5 -0). Don Bowen said he understands the concerns with the local businesses and he has seen other businesses within close distances to other Quick Trips still open and operating. Bill Schopper said we do not have the authority to pick and chose who comes and located the business, but only to make sure they do it the way they are supposed to. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. Council Meeting Date: 8 -8 -2011 Agenda No. D.0 No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -8 -2011 Agenda No. E.0 Subject PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -8 -2011 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2011 -029 Award a Professional Services Agreement to Cobb, Fendley & Associates, Inc. in the Amount of $323,192.50 for the TIF 1 Expansion — Intersection Improvements /Utility Burial Project (ED0601) Summarv: Council is being asked to award a professional services contract for the CIP Project identified as "TIF 1 Expansion — Intersection Improvements /Utility Burial" in the Capital Projects Budget. General Descrir)tion: The professional services portion of the Utility Burial portion of the Project will consist of the preliminary design, survey and subsurface utility engineering of the "west" side of Boulevard 26 from approximately 100 feet "south" of the intersection of Boulevard 26 and Rufe Snow Drive to approximately 450 feet "north" of the intersection of Boulevard 26 and Glenview Drive — a distance of 5,300 lineal feet. Additionally, within this 5,300 lineal foot corridor, final design services, easement and/or right -of -way document preparation and construction administration for 2,500 lineal foot will also be included. Staff followed the City's policy for procuring professional services for the design of the utility burial portion of the Project. Requests for Qualifications (RFQs) were sent to firms known to do this type of work. This included both electrical engineering and civil engineering firms. The staff selection committee interviewed five (5) firms that provided the most comprehensive Statement of Qualifications in response to the RFQ. The shortlisted firms were selected based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule. After each of the five (5) firms provided presentations to the selection committee, Cobb, Fendley & Associates, Inc. (CFA) was chosen as the top firm for the design of the utility burial. Cobb, Fendley & Associates, Inc. is an established Texas civil engineering firm, founded in 1980, with offices in Bedford, Dallas, Frisco, Houston, League City, Austin, San Antonio and Albuquerque, and a fulltime staff of over 150 professionals. Recently named a Top Design Firm by the Engineering News - Record, CFA provides a comprehensive solution by managing and executing projects from inception through construction, including the planning and implementation of project funding. CFA has put together a design team for this project, with a project manager that has over 19 years of utility coordination and design experience. The CFA Team is committed to delivering a project that meets the needs and expectations of North Richland Hills. While the Project's entire budget is $3,500,000, this amount is divided between intersection improvements at the intersections of Boulevard 26 & Rufe Snow Drive and Boulevard 26 & Glenview Drive ($1,000,000) and the utility burial within this corridor ($2,500,000). Through meetings with the franchise utility companies and CFA, the estimated costs to design and bury the franchise utilities are in the $3,500,000 to $4,000,000 range. Because the estimates exceeded the amount allocated to the burial portion of the Project and because the TIF is not performing as initially projected (probably as a result of the economic climate over the past few years), staff has negotiated an agreement whereby the entire 5,300 lineal foot corridor would be preliminarily designed; however, CFA would only be authorized to final design 2,500 lineal foot within this corridor. In the event that funding becomes available for the remaining 2,800 lineal foot of the corridor, staff has negotiated an amount for this work as part of Additional Engineering Services. The engineering agreement outlines the scope of work in Exhibit B (Basic Engineering Services), Exhibit C (Special Engineering Services) and Exhibit D (Additional Engineering Services). Listed below are the key items within the scope of work: • Survey the entire 5,300 lineal foot corridor • Preliminary Design the entire 5,300 lineal foot corridor • Conduct the Subsurface Utility Engineering for the entire 5,300 lineal foot corridor • Final Design up to 2,500 lineal foot of the corridor • Provide five (5) easement and/or right -of -way exhibits for properties dedicating the necessary tracts for utility burial • Provide Construction Administration for 2,500 lineal foot of utility burial The engineering agreement indicates a detailed schedule for this work as follows: Activity City Council Approves Contract Project Kick -Off Meeting Data Collection with Property Owner's and Utility Owner's Survey Subsurface Utility Engineering Preliminary Design Phase — Plan Layout Final Design Phase - 60% Submittal Final Design Phase - 90% Submittal Final Design Phase - 100% Submittal Neighborhood Meeting Easements /ROW Documents Advertise for Construction Bids Open Construction Bids Begin Construction Due Date August 8, 2011 Week of August 15 20111 September 19, 2011 September 19, 20111 September 19, 2011 October 3, 2011 October 31, 2011 November 28, 2011 December 16, 2011 Week of November 7th, 2011 Week of January 30th, 2011 January 9, 2011 February 6, 2011 Middle of March 2011 The Public Works Department negotiated a professional service fee of $290,692.50. This fee consists of a base design fee, a fee for special services and a fee for additional services. Shown below is a breakdown of this design fee: Basic Engineering Services $ 158,892.50 • Preliminary Engineering Design (5,300 lineal feet) • Final Engineering Design (2,500 lineal feet) • Construction Administration (2,500 lineal feet) Special Engineering Services $ 131,800.00 • Surveying (5,300 lineal feet) • Subsurface Utility Engineering (5,300 lineal feet) • Create 5 Sets of Separate Right -of -Entry Exhibits, . Easement Exhibits and ROW Exhibits Additional Engineering Services • 5 Segments of 500 LF $ 32,500.00 Total Design Fee $ 323,192.50 Staff has also negotiated a fee in the event that funding is available to bury in excess of the 2,500 lineal feet of utilities that the current agreement contemplates. Additional Engineering Services were negotiated as follows: ■ Segments less than or equal to 500 LF: $ 5,500.00 • Segments greater than 500 LF: $ 5,500.00 PLUS $9 per LF above the initial 500 LF The total amount of the professional services agreement for this project is $323,192.50. There is sufficient funding in the current Capital Projects Budget (Project ED0601) for the Basic Engineering Services, the Special Engineering Services, and the initial Additional Engineering Services. Note: this initial Additional Engineering Services contemplates utility burial of five (5) segments along Boulevard 26. Both the initial and any future Additional Engineering Services will only be authorized upon the written approval of the City. Recommendation: Approve the professional services agreement to Cobb, Fendley & Associates, Inc. in the Amount of $323,192.50 for the TIF 1 Expansion — Intersection Improvements /Utility Burial Project (ED0601). � n ORILt OR S Z I f:LEN�B �r 1 LogP� I V i - E NORTH RICHLAND HILLS Protect Locator Map 4 TIF #1 Expansion - Intersection Improvemen and U I TIF #1 Expansion - __ Intersection M44i'.LE1 Improvements and Utility Burial AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND COBB, FENDLEY & ASSOCIATES, INC. 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 Cobb, Fendley & Associates, Inc., a Texas corporation, acting by and through Monica Silver, P.E., Vice President; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Boulevard 26 — Overhead to Underground Utility Relocation portion of the "TIF 1 Expansion — Intersection Improvements /Utility Burial Project (ED0601) ". NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT' means the engineering design of the Boulevard 26 — Overhead to Underground Utility Relocation from approximately 100 feet south of the Boulevard 26 & Rufe Snow Drive intersection to approximately 450 feet north of the Boulevard 26 & Glenview Drive intersection in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation ". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services ", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas /'Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. l►►I�'I, x931 _104►1501►I =14N1►C�'14ZITA[*&I 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. 4►1W:111Q111101►f :104► 101►14=1N1►Ccl&1=1:3, ►1103 *1 Additional Engineering Services are defined in Exhibit D: "Additional Engineering Services ", attached hereto and made a part of this Agreement. No Additional Engineering Services are authorized unless authorization for specified additional services are provided to ENGINEER by CITY in writing and approved by CITY. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City ", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation ". B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed Two Hundred Ninety Thousand Six Hundred Ninety -Two Dollars and Fifty Cents ($290,692.50). Additionally, this agreement contemplates the ENGINEER producing a final design for five (5) segments, each of which is estimated to be five hundred (500) lineal feet in length. Therefore, the overall costs for this agreement shall not exceed Three Hundred Twenty -Three Thousand One Hundred Ninety -Two Dollars and Fifty Cents ($323,192.50) without the written approval of the CITY. 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. 1i: W61' i► 1 :1 =1 * - 1:I1;K*]M9I9I0111k',14►Iice` All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees (harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. ON I WIN:] IN:7_l1101zI No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. ► 1 4IIM94Nky,llilvi I191k 111►1 *k - 1 IQ 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. rATA 111111I- '311 -1016] ► I M:7 :[Q V ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVIL 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. KAVAI111111111110M11 =111K Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "F" Compensation Exhibit "G" Conflict of Interest Questionnaire I:/ i:411111111 TJ I i*] 44 W 11 1►1 : lei I�I 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. Leaal Expenses. The parties hereto waive any claim they may have for attorney fees in any litigation arising out of this contract or the failure of either party to comply with the terms of such contract. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Cobb, Fendley & Associates, Inc. Attn: Monica Silver, P.E., Mice President 13430 Northwest Freeway Suite 1100 Houston, Texas 77040 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Managing Director of Development Services 7301 N.E. Loop 820 North Richland Hills, Texas 75180 D. Inder)endent 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 Aareement. 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. Assianment. 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 CITY OF NORTH RICHLAND HILLS (CITY) , 2Q Cobb, Fendley & Associates, Inc. (ENGINEER) is Mark Hindman, City Manager Date la Monica Silver, P.E., Vice President Date: Attest: Attest: City Secretary Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CITY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR Boulevard 26 — Overhead to Underground Utility Relocation (100 Feet South of the Rufe Snow Intersection to 450 Feet North of the Glenview Intersection) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activitv Due Date City Council Approves Contract August 8, 2011 Project Kick -Off 'Meeting Week of August 15 20111 Data Collection with Property Owner's September 19, 2011 and Utility Owner's Survey September 19, 2011 SUE September 19, 2011 Preliminary Design Phase — Plan Layout October 3, 2011 Final Design Phase - 60% Submittal October 31, 2011 Final Design Phase - 90% Submittal November 228, 2011 Final Design Phase - 100% Submittal December 16, 2011 Neighborhood Meeting Week of November 7th, 2011 Easements/ROW Documents Week of January 30th, 2011 Advertise for Construction Bids January 9, 2011 Open Construction Bids February 6, 2011 Begin Construction Middle of March 2011 EXHIBIT B BASIC ENGINEERING SERVICES FOR Boulevard 26 — Overhead to Underground Utility Relocation (100 Feet South of the Rufe Snow Intersection to 450 Feet North of the Glenview Intersection) The scope of work for BASIC Engineering Services involves Preliminary Design, Project Plans, Specifications and Estimates and Utility Coordination. 10 *k :7_l � A. Design Meetings 1. The ENGINEER will meet with the CITY's staff during the development of the preliminary, and final plan phases of the PROJECT. 2. The ENGINEER will meet with the UTILITY OWNER'S of overhead facilities on the project during the development of the preliminary, and final plan phases of the PROJECT. 3. The ENGINEER will assist the CITY's staff in a meeting with affected parties (residents and businesses) once during the design phase of the PROJECT. 4. The ENGINEER will assist the CITY's staff in a meeting with affected parties after award of the construction contract, but prior to the start of the PROJECT's construction. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop monthly progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT's design. 2. Supervision of Subconsultants The ENGINEER will establish a work program and schedule for each subconsultant at the beginning of each phase /section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. A location map /schematic will be provided to the affected utility companies. These schematics will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the PROJECT. 3. The ENGINEER will make every effort to obtain As -Built Drawings, Record Drawings and /or future plans for the following facilities in the PROJECT area including (but not limited to): i. Box Culverts ii. Roadway iii. Water Lines iv. Sanitary Sewer Lines V. Storm Drain Lines vi. Southwestern Bell Underground and /or Overhead Lines vii. Electric Underground and/or Overhead Lines viii. Gas Lines ix. Other Utilities Known to Serve the PROJECT Area Plot the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations. The locations of utilities tied from field surveys will be shown on the plans. 4. The ENGINEER will identify potential utility conflicts and provide this information to utility companies. II. PRELIMINARY DESIGN PHASE A. Electrical Service Design: The ENGINEER will develop a preliminary layout of the overhead to underground relocations for 2,500 feet within the project limits. The preliminary design will include a proposed horizontal alignment at a 1" = 100' scale and contain an aerial background with existing right -of -way lines, property lines as shown from tax district maps, general location of proposed switch gears, pad mounted transformers, manholes, handholes, pedestals and easements. This layout will note where equipment will need to be replaced for property owners due to voltage differences. This preliminary layout will be submitted to the CITY for review and to Oncor with a request for a detailed cost estimate and a recommendation for optimum project phasing with regards to the existing electrical system. Topographical Survey will not be performed until after this Phase is complete, Final Design limits are determined and approved by the CITY. Electrical System Data Collection: CobbFendley will research and document the existing electrical systems within the project limits. This includes locating and documenting meter's and their address, documenting service voltages, customer loads, voltage requirement of property owner HVAC and/or manufacturing equipment. B. Telecommunications Design: The ENGINEER will develop a preliminary layout of the overhead to underground relocations for 2,500 feet within the project limits. The preliminary design will include a proposed horizontal alignment of the new duct bank and preliminary easement locations at a 1" = 100' scale and contain an aerial background with existing right -of -way lines, property lines as shown from tax district maps, general location of proposed manholes, handholes, pedestals and easements. This preliminary layout will be submitted to the CITY for review and to AT &T Texas and Charter Communications with a request for a detailed cost estimate and a recommendation for optimum project phasing with regards to the existing telecommunications system. Topographical Survey will not be performed until after this Phase is complete, Final Design limits are determined and approved by the CITY. C. Submit Preliminary Plans for Review 1. Submit two (2) sets of preliminary plans for CITY review. 2. Submit plans to utility companies for review. FINAL DESIGN PHASE A. Prepare Final Design Plans Electrical and Telecommunications Design: 1. Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. 2 The ENGINEER will develop a final design plan set of existing overhead utilities relocated underground for 2,500 feet within the project limits. The design will include the proposed horizontal and vertical alignment. The plan sheets will be at a 1" = 20" scale and contain topographic information, existing right -of -way lines, roadway baselines, horizontal and vertical location of proposed manholes, handholes, easements, switchgears, pad - mounted transformers, and pedestals when appropriate. The plan set will include switchgear, manhole and handhole details. B. Other Electrical and Telecommunications Design Elements 1. A Project Title sheet will be prepared and included in the Plans. 2. Construction Notes and specifications necessary for the project will be prepared and included in the plans or specifications. 3. Traffic Control Plans will be prepared to accommodate the construction of the underground utility structure. C. Calculate Final Quantities and Cost Estimates 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER "s opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. 3. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. D. Prepare Contract Documents and Specifications 1. Compile special provisions necessary for the PROJECT. 2. Compile specifications necessary for the PROJECT. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. 3. Compile and develop a list of general notes necessary for the PROJECT. 4. Prepare complete contract documents and specifications for bidding purposes. 5. Submit final plans, specifications, and cost estimates for CITY review 6. Submit two (2) sets of final bid documents for CITY review and approval. 7. Submit detailed drawings and plans /specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. 1►�0161`r[311MI9i 0191k, Ia:U -4= A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide all necessary printing of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the PROJECT. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. B. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY as to the proper action on all proposals received. C. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. D. Represent the CITY in the non- resident administration of the PROJECT. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on -site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve exhaustive or continuous on -site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) E. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. G. Prepare or review monthly and final estimates for payments to Contractor, and furnish to the CITY any necessary certifications provided by the Contractor, as to payments to subcontractors and suppliers. H. Conduct, in company with the Contractor, a final inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. Revise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER a red -lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings. noting changes during construction, and submit three (3) sets of Record Drawings and one CD -ROM (in both AutoCAD and pdf format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR Boulevard 26 — Overhead to Underground Utility Relocation (100 Feet South of the Rufe Snow Intersection to 450 Feet North of the Glenview Intersection) The scope of work for SPECIAL Engineering Services involves providing the necessary Surveying Services and Subsurface Utility Engineering Services. The scope of work for the Special Engineering Services is more generally described as follows: SURVEYING A. Design Surveys 1. Establish Survey Control Establish survey control along each street or intersecting streets as necessary. These control points will be established based on and tied to established CITY horizontal and vertical control points. All horizontal and vertical project data will be based upon the City of North Richland Hills Geodetic Monumentation System. The horizontal datum is the Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983 (NAD83). All vertical data will be based upon the North American Vertical Datum of 1988 (NAVD88). Control points will be established using 518" iron rods, 18" long. These control points will be established using GPS and conventional surveying methods. 2. Benchmark Loop A benchmark circuit will be established, based on the vertical control points provided. These benchmarks will be located outside of the construction limits and put in such a place so that they may be easily found for future use. Benchmarks will be located at about 1,000 foot intervals and will be referenced. Benchmarks shall be looped in accordance with good surveying practice prior to field surveys. All control leveling work will be performed using appropriate modified second order procedures with closed loops into the PROJECT vertical control. 3. Right of Entry Right of entry letters shall be sent by Certified Mail with a return envelope to each affected property owner within the limits of the project. 4. Property Corners The SURVEYOR will search and tie in existing property corners within the project area. 5. Easements The SURVEYOR will obtain plats from the courthouse and show easements that appear on them. Cobb'Fendley will obtain a title report for all adjoining parcels as to accurately show all easements of record. 6. Topographic Information A topographic survey will be performed along Boulevard 26 (State Highway 26) for the project limits and extend 300 feet each way at all street intersections. Physical features, such as trees, mailboxes, signs will be located from south right -of -way to north right -of -way plus an additional 20 feet. Utilities will be located and designated by CobbFendley's survey and SUE department's personnel. 7. Right -of -Way The right -of -way for Boulevard 26 (State Highway 26) will be researched at the Fort Worth District TxDOT Library and resolved on the ground according to standard surveying practices. 8. Existing Streets and Driveways Existing streets and driveways will be profiled and cross - sectioned at 50' intervals and to a point 20 feet outside of the north right -of- way line and just to the south right -of -way line. Low points, high points and other unique features will be noted. Pavement surfacing will be determined by visual inspection only. Intersecting streets will be profiled and cross - sectioned within the topographical survey limits. 9. Existing Drainage Channels and Drainage Area Verification Existing drainage channels and swales will be profiled and cross sectioned within the project limits. Low points, high points and any other unique features will be noted. 10. Existing Underground and/or Overhead Utilities CobbFendley will designate all known utilities within the project limits. All overhead and known underground utility features will be delineated on the final base map. 11. Existing Storm Sewers and Culverts The size of existing culverts will be measured and tied along with existing headwalls, channels and aprons. The size, length, and flowline elevation of existing storm sewers will be surveyed. 12. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc. The Surveyor will exercise care in completing this surveying assignment by using traffic control devices, flags and safety equipment when necessary. 13. Base Mapping A. Final Base Map will include: • 1 -foot contours based off of a DTM. • Visible aboveground utility features. • Designated underground utilities. • Physical features to include but not limited to: trees, curb lines, gutter lines, sidewalks, fences, driveways, mailboxes, traffic control and monument signs, billboards and landscaped areas. • Resolved right -of -way lines. • Found property corner monuments. • Recorded easements. • Property ownership information. B. Easement/Right -of -Way Documents Easement/Right -of -Way instruments shall be prepared for five (b) locations in CITY approved format(s) and shall include a metes and bounds description and a sketch. Documents shall be signed, dated and sealed by a licensed Professional Land Surveyor registered in the State of Texas. II. SUBSURFACE UTILITY ENGINEERING (SUE) A. Utility Research Plan: CobbFendley will research utility records and provide a contact list for the utility owners within the project limits. The list will contain the utility owner's name, representative's name, utility type, phone number, fax number, email address, address and any other information that might be relative. Utility appurtenances found in the field including visible surface features not recorded on any drawings will be documented on records, marked in the field and surveyed for mapping. B. CobbFendley will provide horizontal and vertical utility mapping. Cobb Fendley will use radio - detection and other electromagnetic tools using SUE Level iB designating best practices to tone and mark the underground utilities along the proposed conduit alignment with a water -based paint to be tied to survey control or monumentation. Cobb (Fendley will follow ASCE 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data. The utility designated will be toned and marked with water base tone marks according to the APWA color code scheme. Cobb Fendley proposes to designate the utilities and coordinate and/or perform the non- destructive air vacuum excavation test holes at specific critical locations where potential conflicts may exist between the proposed conduit and utilities in longitudinal or lateral conflicts as authorized. • Outside pavement areas Cobb Fendley will use non - destructive air - vacuum excavation to verify the depth, size (diameter or dimension), material, type, positional coordinates and condition of the utility. The test holes will then be compacted and backfilled from the depth of the test hole to the top of utility with a 12" protective soil layer above the utility. • In pavement areas following work zone setup procedures Cobb Fendley will core -drill 8 inch or 12 inch diameter test holes at the marked utility locations and use non - destructive air - vacuum excavation to verify the depth, size (diameter or dimension), material, type, positional coordinates and condition of the utility. The test holes will then be compacted and backfilled from the depth of the test hole to the bottom of pavement core. The pavement core will then be placed back into the keyhole and epoxy sealed around the edges of the core so that the pavement at the test hole is completely restored • Cobb Fendley will use GPS to survey the center line of the utility and note on field sheets the utility findings. • The test holes will be plotted onto a site plan and test hole data sheets will be provided in hard copy format and signed and sealed by a Professional Engineer. • The SUE work performed at each proposed test hole location is work considered short in duration. D. Permitting Coordination with The City of North Richland Hills: Cobb Fendley purposes to ensure that all field work performed by Cobb Fendley is as least intrusive as possible to the normal day -to -day traffic patterns and movement of the general public. When requested by the City, traffic control plans will be signed and sealed by a professional engineer. Cobb Fendley will provide a work zone plan to promote vehicle and pedestrian safety. Cobb Fendley's field technicians are certified in work zone safety. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR Boulevard 26 — Overhead to Underground Utility Relocation (100 Feet South of the Rufe Snow Intersection to 450 Feet North of the Glenview Intersection) ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. II. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. ADDITIONAL Engineering Services not included in the Scope of Work, also include preparation of Easement/Right -Of -Way documents for the acquisition of parcels with the exception of the five (5) parcels included in the Special Engineering Services. IV. ADDITIONAL Engineering Services not included in the Scope of Work, also include preparing and coordinating overhead to underground designs for segments with the exception of the 2,500 linear feet included in the BASIC Engineering Services are also considered additional engineering services. V. ADDITIONAL Engineering Services not specifically indicated in the Scope of Work, but are actually included in the Scope of Work for BASIC Engineering Services include Electrical and Telecommunications Design with the exception of the 2,500 feet included in the BASIC Engineering Services. The scope of services for these Design services is described under the "Final Design Phase" section of BASIC Engineering Services. VI. 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 '1.15. 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. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR Boulevard 26 — Overhead to Underground Utility Relocation (100 Feet South of the Rufe Snow Intersection to 450 Feet North of the Glenview Intersection) The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As -Built plans for existing streets and drainage facilities, if available. III. Provide any available As -Built plans for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from TxDOT and/or other local utility companies. V. Provide standard details and specifications in digital format. VI. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right -Of -Way, when required. VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. EXHIBIT F COMPENSATION FOR Boulevard 26 — Overhead to Underground Utility Relocation (100 Feet South of the Rufe Snow Intersection to 450 Feet North of the Glenview Intersection) re I IQ For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. "Salary Cost" used herein is defined as the cost of salaries of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Compensation for the Basic Engineering Services (Design and Construction phases) shall be a lump sum fee of $158,892.50. The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total 'Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for the Construction phase of the Basic Engineering Services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER will be paid the remainder of the charge for this phase. B. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Surveys: Lump Sum Fee of $61,800 Subsurface Utility Engineering (SUE): Fee not to exceed $50,000 (Actual Quantities billed plus $3,000 for project management, coordination and records research) Easement/Right-of-Way Documents: Lump Sum Fee of $2 0,000 Direct Costs (Printing, Reproduction, etc.) Xerox Copies: $0.1O /Page Blueline Prints: $1.001Sheet Plots (Bond or Velum): $10.001Each Mileage: Current IRS Rate Per Diem: $35/day Lodging: $85/day Easement/Right -of -Way Documents: $4,000.00lparcel Title Report: $350.001each Right -of- Entry: $501each Other Direct Costs Costs times a multiplier of 1.10 SUE: Level B SUE $1 /foot Level A SUE (0' -5') $800 /foot Level A SUE (5.1' -8') $1,1001foot Level A SUE (8.1' -13) $1,4OOlfoot Vacuum Truck Mobilization $1,000Ieach Traffic Control Setup $2,0001each Concrete Material and Core Drill Expenses $300.001hole C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: 1. Cable, Electrical and Telecommunications Design Services The lump sum fee below assumes that Cable Communication, Electrical and Telecommunications Design Services can be performed in conjunction with the performance of the scope for Basic Engineering Services and incorporated into the plans for the overall project. This fee does not anticipate the preparation of a separate plan set prepared independently from the overall project. Design Services: Lump Sum Fee of • Segment - Less than or equal to 500 LF: $ 6,500.00 • Segment - Greater than 500 LF: $ 6,500.00 PLUS $9 per LF above the initial 500 L!F 2. For all of ENGINEER's personnel time applied to the Additional Engineering Services, Salary Cost times a multiplier of 1.15. 3. For all direct non -labor and /or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. I�:llilitkr_1►I1X*0161;JOK43:f l ,[r]O Cost 'budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVIL "Right to Audit ". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). II�J: ►'1�'il�►�� Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services ", Exhibit C: "Special Engineering Services" and Exhibit D: "Additional Engineering Services "). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services ", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR Boulevard 26 — Overhead to Underground Utility Relocation (100 Feet South of the Rufe Snow Intersection to 450 Feet North of the Glenview Intersection) [Conflict of Interest Questionnaire is on the following 2 pages.] CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local govern entity This questionnaire is being filed in accordance with chapter 176 OFFICE USE ONLY of the Local Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. 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 the 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 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. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 51 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, 8, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ YES ❑ NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? ❑ YES ❑ NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ❑ YES ❑ NO D. Describe each affiliation or business relationship. 61 Describe any other affiliation or business relationship that might cause a conflict of interest. J Signature of person doing business with the governmental entity Date Adopted 0111312006 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -8 -2011 Presented by: Gregory Van Nieuwenhuize Agenda No. E.2 Subject: PW 2011 -030 Approve a Utility Assembly (183 -U -0508) for the City's Utility Relocations as Part of the North Tarrant Express Project Summarv: Council is being asked to approve the necessary documents authorizing Bluebonnet Contractors, the construction arm of North Tarrant Express Mobility Partners, the developer of the North Tarrant Express Project to relocate a portion of the City's public utility infrastructure in order for the construction of the North Tarrant Express Project to continue to proceed. General Descriration: Last year, the State of Texas acting through TxDOT entered into a comprehensive development agreement (CDA) with North Tarrant Express Mobility Partners (NTEMP) to design & reconstruct Loop 820 from its 1 -35W interchange to the SH 121/SH 183 interchange and to design & reconstruct SH 121 /SH 183 from its interchange with Loop 820 to approximately Murphy Drive/Westpark Way in the Bedford /Euless area. The CDA requires NTEMP to complete the construction of the indicated roadway limits on or prior to December 31, 2015. NTEMP has determined that they will accomplish this task by reconstructing these roadways in sub- sections. The initial sub - sections chosen to be reconstructed are based on the right -of -way having 'been acquired and any conflicting utilities being relocated in a timely manner. It is important to note that the "Loop 820 section" of the North Tarrant Express (NTE) Project is entirely federal interstate and that the "SH 1211SH183 interchange to Murphy Drive/Westpark Way section" of the NTE Project is state highway. This is important because on the federal section of the IN'TE project, the City's utilities are relocated at no expense to the City. However, whenever the City desires an increase in size to any of the City's utilities (called betterments), the City is responsible for the cost of the betterment. On the state highway section of the NTE Project, the City's utilities are relocated at fifty percent (50 %) of the cost of such relocation. Here again, the costs of any betterments in this section are also the sole responsibility of the City. NTEMP has turned over the utility relocation portion of the project to their construction arm, Bluebonnet Contractors (BBC). While BBC is working within the entire NTE corridor (1 -35W interchange to Murphy Drive[Westpark Way), they would like to begin relocating NRH's utility infrastructure in the area immediately east of the SH1211SH 183 interchange. As this area is on the state highway section of the project corridor, the City will be responsible for 50% of the construction and construction - related (design, inspection, testing, etc.) costs of our utility relocations. Over the last year, staff has been working with BBC to determine the extent of the City's utility infrastructure that needs to be relocated. It appears that NRH will be sub - sectioned into 3 — 5 parts. While the upcoming Water and Wastewater Capital Improvements Master Plans indicate numerous betterments in the Loop 820 corridor of the City, there are no betterments in the City's SH 1211183 corridor. Presently, BBC is requesting that the City approve the necessary documents in order for them to relocate the City's utility infrastructure immediately east of the SH 121 fSH 183 interchange. These documents include: • TxDOT's Utility Adjustment Checklist - This document is simply a checklist that TxDOT requires the developer (NTEMPIBBC) and the utility owner to execute which upon full completion indicates that all of TxDOT's requirements for utility relocation have been met. • Master Utility Adjustment Agreement - This document is the crux of the utility relocation agreement; it is to be executed by TxDOT, NTEMP, BBC and the City. - This document has been reviewed and approved by the City Attorney. • Cost Estimate for Utility Assembly (183 -U -0506) - This document is the cost estimate for the design & relocation costs of the City's utilities immediately east of the SH121ISH 183 interchange. • Water & Wastewater Facility Abandonment - This document authorizes the abandonment of certain utilities (it should be noted that abandoning utilities is fairly routine on infrastructure projects when new utilities are being constructed as replacements and the utilities being abandoned have been reviewed and approved by the Public Works Department's Engineering and Operations Divisions) - This document has also been reviewed and approved by the City Attorney. • Utility ,Joint Use Acknowledgement Reimbursable Utility Adjustment - This document allows the relocated utilities to exist within TxDOT's right -of- way, allows the City to access such utilities and indicates that the costs for utility relocation will be in accordance with the applicable laws of the State of Texas. - This document has also been reviewed and approved by the City Attorney. These documents comprise the majority of the "Utility Assembly (183 -U- 0506)" instrument. Presently, it is estimated that the costs to relocate the City's utilities immediately east of the SH121 /SH 183 interchange are $650,073.88 and the City's portion of this amount (50 %) is $325,036.94. After the utilities are relocated and final costs known, BBC will invoice the City for the actual costs. The actual costs are not expected to be greatly different than the indicated amounts. There is sufficient funding in the current Capital Projects Budget (I.H. 820 Utility Adjustments, Project UT0203) to cover the City's share of the utility relocation costs. Recommendation: Approve Utility Assembly (183 -U -0500) for the City's Utility Relocations as Part of the North Tarrant Express Project. Enclosures: • TxDOT's Utility Adjustment Checklist • Master Utility Adjustment Agreement • Cost Estimate for Utility Assembly {183 -U- 0508} • Water & Wastewater Facility Abandonment • Utility Joint Use Acknowledgement Reimbursable Utility Adjustment TxDOT's Utility Adjustment Checklist TxDOT UTILITY ADJUSTMENT CHECKLIST City of North Richland Hills '1110 C>ii'i PIC1111moil Utility Owner Name City of North Richland Hills County: Tarrant Jurisdictions: TxDOT Ft. Worth. District (City of North Richland Hills) Estimated Dollar Amount of Utility Adjustment/Cost to Developer: $650,073.88 ROW CSJ No.: 0364 -01 -119 Construction CSJ No.: 0364 -01 -054 Section or Segment Number: NTE — Segment East ® Actual Cost or ❑ Lump Sum (Check one) Federal -Aid ROW Project No.: NIA Alternate Procedure Approval Date: June 23, 2010 Highway Station Limits (To & From ): NTE'BL Sta. 1028 +00 to 1051 +25 Descriration /Score of Work: This Assembly consists of adjusting approximately 2400 LF of water pipeline and 2570 LF of wastewater pipeline conflicting with the proposed pavement structure along SH 121 inside TxDOT ROW. The pipelines will be adjusted to increase the depth of cover and extend the protective casing to comply with the TxDOT Utility Accomodation Rules (UAR). This Assembly is UAR Compiant. 1. Yes ® No ❑ NIA ❑ Approved & current ROW Maps on file with TxDOT? 2. Yes ® No ❑ NIA ❑ Is the Utility Adjustment within the Facility ROW limits or directly related to work required within Facility ROW limits? 3. Yes ❑ No ❑ NIA ❑ Are explanations and clarifications included in the transmittal to describe unique conditions affecting the Utility? 4. Yes ® No ❑ NIA ❑ Have (3) identical originals of the Utility Assembly with plans been submitted, of which one original should be color - coded? 5. Yes ® No ❑NIA ❑ Has the Developer's Utility Design Coordinator located on the plans the major items of material listed on the estimate by scaling or stationing? 6. Yes ® No ❑ NIA ❑ Have the existing and proposed Utility facilities been plotted on the ROW map and attached with this submission? 7. Yes ® No ❑ NIA ❑ Have the Utility Adjustments been designed for the Proposed Configuration? 8. Yes ® No ❑ NIA ❑ Has the Utility Owner signed the plans for a Developer Managed MUAA (DM)? 9. Yes ❑ No ❑ NIA ® Has the Utility Owner signed the plans for an Owner Managed (OM) MUAA that allows for the Developer to design for the Utility Adjustment? 10. Yes ❑ No ❑ NIA ® If the agreed sum method has been marked, has a detailed, itemized estimate and matching plans been provided? 11. Yes ® No ❑ NIA ❑ Is the Utility consultant- engineering contract reviewed and approved by the Developer's Utility Manager (UM)? 12. Yes ❑ No ❑ NIA ❑ Are all forms submitted complete and correct for the situ ationlcircumstance of the Utility Adjustment? 13. Yes ❑ No ❑ NIA ® Has the Statement Covering Utility Construction Contract Work (TxDOT Form ROW -U -48) been submitted for work completed by an owner - managed contractor? 14. Yes ® No ❑ NIA ❑ Is the Utility Assembly folded so as to fit into an 8.5" x 11" file? 15. Yes ❑ No ® NIA ❑ Are any of the proposed Utility facilities installed longitudinally inside the control of access, excluding areas near ramp terminals? 16. Yes ❑ No ❑ NIA ® Has Barlow's Formula information been submitted for unencased high - pressure pipelines? The following information is required to complete Barlow's formula. S =Yield Strength, Wall thickness = t, Outside Diameter = D, Design Factor = F. Maximum Operating Pressure must also be given and compared to the pressure calculated with Barlow's. The Barlow calculation must be shown with the submission. 17. Yes ❑ No ❑ NIA ® If the pipeline is unencased, is there adequate coating, wrapping and cathodic protection? 18. Yes ❑ No ❑ NIA ❑ Are replacement Utility ROW charges justified and supported? 19. Yes ® No ❑ NIA ❑ If yes to #18, is an affidavit and an ownership instrument (i.e. easement, license or deed) included? 20. Yes ❑ No ❑ NIA ❑ Do Utility Adjustment plans demonstrate Utility Accommodation Rules compliance, including minimum depth of cover from proposed grade and casing requirements? 21. Yes ®No ❑ NIA ❑ Is the proposed Utility Adjustment shown on the plans with stationing and offsets from centerline, edge of pavement, or ROW lines? 22. Yes ® No ❑ NIA ❑ Are backfill requirements met? 23. Yes ❑ No ❑ NIA D Is a schedule of work provided by /required of the Utility Company if the Utility Adjustment is large and complex? 24. Yes ❑ No ® NIA ❑ Is a Betterment credit applicable? 25. Yes ❑ No ❑ NIA ® If yes to #24, is the credit calculated and applied properly? 26. Yes ❑ No ❑ NIA ® Is accrued depreciation credit applicable? 27. Yes ❑ No ❑ NIA ® If accrued depreciation is applicable, is credit applied properly? 28. Yes ❑ No ❑ NIA ® Is salvage credit applicable? 29. Yes ❑ No ❑ NIA D If salvage credit applicable, is the credit applied properly? 30. Yes ❑ No ❑ NIA ❑ Are overheads and loadings checked for reasonableness? 31. Yes ® No ❑ NIA ❑ Are cost estimate extensions checked? 32. Yes ® No ❑ NIA ❑ Is a correct & recorded Quitclaim Deed (TxDOT Form ROW - N -30) submitted, if required? 33. Yes ❑ No ❑ NIA ❑ Has a recommendation for approval been stated on the transmittal memorandum? 34. Yes ® No ❑ NIA ❑ Is the Utility Adjustment in only one jurisdiction? 35. Yes ❑ No ❑ NIA ® If the Utility Adjustment is in more than one jurisdiction, have the percentages in each jurisdiction been detailed in the transmittal memorandum? 36. Yes ® No ❑ NIA ❑ Are the sign -off forms attached? 37. Yes ❑ No ❑ NIA ❑ Have the plans for the Utility Adjustment been sealed by a Registered Professional Engineer? Prepared by: Approved by: Utility Design Coordinator Director of Utilities Recommended for Approval by: Date: Quality Control Comments: Master Utility Adjustment Agreement County: TARRANT ROW CSJ No.: 0364 -01 -119 Const. CSJ No.: 0364 -01 -054 Highway: NTE (SH 12 1) Limits: NTE (SH 12 1) from IH820 to SH 1831n Bedford MASTER UTILITY ADJUSTMENT AGREEMENT (Developer Managed) Agreement No.: 183 -U -0506 THIS AGREEMENT, by and between NTE Mobility Partners LLC, hereinafter identified as the "Developer ", Bluebonnet Contractors, LI_,C, hereinafter identified as the "Resign -Build Contractor" and City of North Richland Hills, hereinafter identified as the "Owner ", is as follows: W'ITNESSETH WHEREAS, the STATE OF TEXAS, acting by and through the Texas Department of Transportation, hereinafter identified as "TxDOT ", is authorized to design, construct, operate, maintain, and improve turnpike projects as part of the state highway system throughout the State of Texas, all in conformance with the provisions of Chapters 203 and 223, Texas Transportation Code, as amended; and WHEREAS, the TxDOT proposes to construct a turnpike project identified as the North Tarrant Express Project (the "Facility and WHEREAS, pursuant to that certain Comprehensive Development Agreement by and between TxDOT and the Developer with respect to the Facility (the "CDA'), the Developer has undertaken the obligation to design, construct, finance, operate and maintain the Facility; and WHEREAS, the Developer's duties pursuant to the CDA include causing the removal, relocation, or other necessary adjustment of existing utilities impacted by the Facility (collectively, "Adjustment "), subject to the provisions herein; and WHEREAS, pursuant to that certain Design -Build Contract by and between the Developer and the Design -Build Contractor with respect to the Facility (the "Design -Build Contract "), the Design -Build Contractor has undertaken the obligation to design and construct the Facility, which includes the Adjustment at Design - Builder's expense, subject to the provisions herein; and WHEREAS, the Facility may receive Federal fimding, financing and/or credit assistance; and WHEREAS, the Design -Build Contractor has notified the Owner that certain of its facilities and appurtenances (the "Owner Utilities ") are in locational conflict with the Facility (and/or with the "Ultimate Configuration" of the Facility), and the Owner has requested that the Developer and the Design -Build Contractor undertake the Adjustment of the Owner Utilities pursuant to §203.092, Texas Transportation Code, as amended, and Rule 21.23 of Title 43, as necessary to accommodate the Facility (and the Ultimate Configuration); and 'WHEREAS, the Owner Utilities and the proposed Adjustment of the Owner Utilities are described as follows: adjust approximately 2400 LF of a water distribution lines and 2570 LF of wastewater distribution lines along SH 121 from NTE BL Sta. 1028 +00 to 1051 +25. This relocation includes replacing existing facilities with like -kind. and WHEREAS, the Owner recognizes that time is of the essence in completing the work contemplated herein; and VVIIEREAS, the Developer, the Design -Build Contractor and the Owner desire to implement the Adjustment of the Owner Utilities by entering into this Agreement. AGREEMENT IOW, THEREFORE, in consideration of these premises and of the mutual covenants and agreements of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged, the Developer, the Design -Build Contractor and the Owner agree as follows: Preparation of Plans. [Check one box that applies:] N The Design -Build Contractor has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the "Plans "), for the proposed Adjustment of the Owner Utilities. The Design -Build Contractor represents and warrants that the Plans will conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation ( "TxDOT "), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the "UAR'). Owner will approve the Plans if they conform to the UAR and comply with Owner's "standards" described in Paragraph 3(d). ❑ The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the "Plans "), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Design -Build Contractor hereby approve the Plans. The Owner also has provided to the Design - Build Contractor a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer's right of way map of the Facility. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: ❑ The Owner's employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner's typical costs for such work. ❑ The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Facility for comparable work for the Owner. Review bv TxDOT. The parties hereto acknowledge and agree as follows: (a) Upon execution of this Agreement by the Developer, the Design -Build Contractor and the Owner, the Developer will submit this Agreement, together with the attached Plans, to TxDOT for its review and approval as part of a package referred to as a "Utility Assembly ". The parties agree to cooperate in good faith to modify this Agreement and/or the UAAA and its corresponding Plans, as necessary and mutually acceptable to all parties, and to respond to any comments made by TxDOT thereon. 'Without limiting the generality of the foregoing, (i) the Owner agrees to respond (with comment and/or acceptance) to any modified Plans for a specific Utility Adjustment and/or Agreement prepared by the Design -Build Contractor in response to TxDOT comments within fourteen (14) business days after receipt of such modifications; and (ii) if the Owner originally prepared the Plans for the specific Utility Adjustment, the Owner agrees to modify the Plans in response to TxDOT comments and to submit such modified Plans to the Design -Build Contractor for its comment and/or approval (and re- submittal to TxDOT for its comment and/or approval) within fourteen (14) business days after receipt of TxDOT's comments. The Owner's failure to timely respond to any modified Plans submitted by the Design -Build Contractor pursuant to this paragraph shall be deemed the Owner's approval of same. If the Owner fails to timely prepare modified Plans which are its responsibility hereunder, then the Design -Build Contractor shall have the right to modify the Plans for the Owner's approval as if the Design -Build Contractor had originally prepared the Plans. The Design -Build Contractor shall be responsible for providing Plans to and obtaining comments on and approval of the Plans from the Developer. Approval of the Plans by the Design -Build Contractor shall be deemed to be Developer approval of the Plans. The process set forth in this paragraph will be repeated until the Owner, the Developer, the Design -Build Contractor and TxDOT have all approved this Agreement and accepted the Plans for a specific Utility Adjustment. (b) The parties hereto acknowledge and agree that TxDOT's review, comments, and/or approval of a. Utility Assembly or any component thereof is solely for the purpose of ascertaining matters of particular concern to TxDOT, and TxDOT has, and by its review, comments and/or approval of such Utility Assembly or any component thereof undertakes, no duty to review the Utility Assembly or its components for their quality or for the adequacy of adjusted utility facilities (as designed) for the purposes for which they are intended to be used or for compliance with law or applicable standards (other than TxDOT requirements). The City of North Richland hills shall determine if such Utility Adjustment adheres to their requirements and shall have reasonable authority to approve or reject the construction of the Utility Adjustment. Design and Construction Standards. All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (a) All applicable local (including the City of North Richland Hills' Public Works Design Manual) and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for the Adjustment necessitated by the Facility, as communicated to the Owner by the Developer, the Design -Build Contractor or TxDOT), the requirements of the CDA, and the policies of TxDOT: (b) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance (including without limitation 23 CFR 645 Subparts A and B, incorporated herein by this reference): (c) The terms of all governmental permits or other approvals, as well as any private approvals of thud parties necessary for such work; and (d) The standard specifications, standards of practice, and construction methods (collectively, "standards ") which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constricted by the Owner or for the Owner by its contractors at the Owner's expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Design -Build Contractor in writing. (e) Upon completion of construction of each specific Utility Adjustment, the Design - Build Contractor will provide "As Builts" (including Plans and Specifications). All "As Builts" will be submitted in GIS fornat. (f) Upon completion of construction of each specific Utility Adjustment, the Owner shall be provided with a 2 -Year Maintenance Bond. Such design and constriction also shall be consistent and compatible with (i) the Developer's and the Design -Build Contractor's current design and construction of the Facility, (ii) the "Ultimate Configuration " for the Facility, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Design -Build Contractor of Facility plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply Responsibility for Costs of Adiustment Work. With the exception of any Betterment (hereinafter defined), the parties shall allocate the cost of any Adjustment between themselves as identified in Exhibit A and in accordance with § 203.092, Texas Transportation Code. An allocation percentage may be determined by application of an Eligibility Ratio, if appropriate, as detailed in Exhibit A. TxDOT shall have no liability to the Owner for any such costs. The Owner expressly acknowledges that it shall be entitled to compensation only from the Design -Build Contractor for any Adjustment costs for the Owner Utilities covered by this Agreement, including costs with respect to real property interests (either acquired or relinquished), and specifically acknowledges that it shall not be entitled to compensation or reimbursement from TxDOT or the State of Texas. Construction by the Design -Build Contractor. (a) The Owner hereby requests that the Design -Build Contractor perform the construction necessary to adjust the Owner Utilities and the Design -Build Contractor hereby agrees to perform such construction. All construction work hereunder shall be performed in a good and workmanlike manner, and in accordance with the Plans (except as modified pursuant to Paragraph 16).. (b) The Design -Build Contractor shall retain such contractor or contractors as are necessary to adjust the Owner Utilities, in accordance with the CDA. (c) The Design -Build Contractor shall obtain all permits necessary for the construction to be performed by the Design. -Build Contractor hereunder, and the Owner shall cooperate in that process as needed. (d) The Design -Build Contractor shall notify the City of North Richland Hills 48 hours prior to the construction of any of the Utility Adjustments. Reimbursement of Owner's Indirect Costs. (a) Design -Build Contractor agrees to reimburse the Owner its share of the Owner's indirect costs (e.g., engineering, inspection, stand -by pay, testing, ROW) as identified in Exhibit A. When requested by the Owner, monthly progress payments will be made. The monthly payment will not exceed 80% of the estimated indirect work done to date. Once the indirect work is complete, final payment of the eligible indirect costs will be made. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. (b) The Owner's indirect costs associated with Adjustment of the Owner Utilities shall be developed pursuant to the method checked and described below [check only one box]. ® (1) Actual related indirect costs accumulated in accordance with (i) a work order accounting procedure prescribed by the applicable Federal or State regulatory body, or (ii) established accounting procedure developed by the Owner and which the Owner uses in its regular operations or, ❑ (Z) The agreed sum of $ ( "Agreed Sum ") as supported by the analysis of the Owner's estimated costs attached hereto as part of Exhibit A., or (c) All indirect costs charged to the Design -Build Contractor by the Owner shall be reasonable and shall be computed using rates and schedules not exceeding those applicable to similar work performed by or for the Owner at the Owner's expense. Design -Build Contractor's performance of the Adjustment work hereunder and payment of the Design -Build Contractor's share of the Owner's costs pursuant to this Agreement, if applicable, shall be full compensation to the Owner for all costs incurred by the Owner in Adjusting the Owner Utilities (including without limitation costs of relinquishing andJor acquiring right of way), and TxDOT shall have no liability to the Owner for any such costs. (d) Eligible Owner indirect costs shall include only those authorized under 23 C.F.R. Part 645, Subpart A. The Owner agrees that costs referenced in 23 C.F.R. Section 645.117(d)(2) are not eligible for reimbursement. These regulations can be found at: httc:ll www. access. avo.aovinaralcfrlwaisidx 44/23cfr645 04.html Advancement of Funds by Owner for Construction Costs. (a) Advancement of Owner's Share of Estimated Costs Exhibit A shall identify all estimated engineering and constriction- related costs, including labor, material, equipment and other miscellaneous construction items. Exhibit A shall also identify the Owner's and Design -Build Contractor's respective shares of the estimated costs. The Owner shall advance to the Design -Build Contractor its allocated share of the estimated costs for construction and engineering work to be performed by Design -Build Contractor, in accordance with the following terms: ® The adjustment of the Owner's Utilities does not require advancement of fiords. ❑ The adjustment of the Owner's Utilities does require advancement of Rinds and the terms agreed to between the Design - Build Contractor and Owner are listed below. [Insert terms o, f ach,ance funding to be agreed between Design -Build Contractor and Owner.] (b) Adjustment Based on Actual Costs or Agreed Sum [Check the one appropriate provision]: The Owner is responsible for its share of the Design -Build Contractor's actual cost for the Adjustment, including the identified Betterment. Accordingly, upon completion of all Adjustment work to be performed by both parties pursuant to this Amendment, (i) the Owner shall pay to the Design -Build Contractor the amount, if any, by which the actual cost of the Betterment (as determined in Paragraph 9(b)) plus the actual cost of Owner's share of the Adjustment (based on the allocation set forth in Exhibit A) exceeds the estimated cost advanced by the Owner, or (ii) the Design -Build Contractor shall refund to the Owner the amount, if any, by which such advance exceeds such actual cost, as applicable. ❑ The Agreed Sum is the agreed and final amount due for the Adjustment, including any Betterment, under this Agreement. Accordingly, no adjustment (either up or down) of such amount shall be made based on actual costs. Invoices. Each invoice submitted by the Owner shall be prepared in the form and manner prescribed by 23 C.FR. Part 645, Subpart A. On invoices prepared by either the Owner or the Design -Build Contractor, all costs developed using the "Actual Cost" method shall be itemized in a format allowing for comparisons to the approved Estimates, including listing each of the services performed, the amount of time spent and the date on which the service was performed. The original and three (3) copies of each invoice, together with (1) such supporting information to substantiate all invoices as reasonably requested, and (2) such waivers and releases of liens as the other party may reasonably require, shall be submitted to the other party at the address for notices stated in Paragraph 22, unless otherwise directed pursuant to Paragraph 22. The Owner and the Design -Build Contractor shall make commercially reasonable efforts to submit final invoices not later than one hundred twenty (120) days after completion of work. The Owner and the Design -Build Contractor hereby acknowledge and agree that any costs not submitted to the other party within eighteen months following completion of all Adjustment work to be performed by the parties ,pursuant to this Agreement shall be deemed to have been abandoned and waived. Betterment and Salvaae. (a) For purposes of this Agreement, the term "Betterment" means any upgrading of an Owner Utility being adjusted that is not attributable to the construction of the Facility and is made solely for the benefit of and at the election of the Owner, including but not limited to an increase in the capacity, capability, efficiency or firnction of the adjusted Utility over that provided by the existing Utility facility or an expansion of the existing Utility facility: provided, however, that the following are not considered Betterments: W any upgrading which is required for accommodation of the Facility; (ii) replacement devices or materials that are of equivalent standards although not identical; (iii) replacement of devices or materials no longer regularly manufactured with the next highest grade or size (iv) any upgrading required by applicable laws, regulations or ordinances; (v) replacement devices or materials which are used for reasons of economy (e.g., non - stacked items maybe uneconomical to purchase): or (vi) any upgrading required by the Owner's written "standards" meeting the requirements of Paragraph 3(d). [Inchide the following for fiber optic Owner Utilities on4y:] Extension of an Adjustment to the nearest splice boxes shall not be considered a Betterment if required by the Owner in order to maintain its written telephony standards. Any upgrading required by the Owner's written "standards" meeting the requirements of Paragraph 3(d) shall be deemed to be of direct benefit to the Facility. (b) It is understood and agreed that neither the Developer nor the Resign -Build Contractor shall pay for any Betterments and that the Owner shall be solely responsible therefore. No Betterment may be pelformed hereunder which is incompatible with the Facility or the Ultimate Configuration or which cannot be performed within the other constraints of applicable law, any applicable governmental approvals, and the requirements imposed on the Developer by the CDA, including without limitation the scheduling requirements thereunder. Accordingly, the parties agree as follows [check one box that applies, and complete if appropriate]: ® The Adjustment of the Owner Utilities pursuant to the Plans does not include any Betterment. ❑ The Adjustment of the Owner Utilities pursuant to the Plans includes Betterment to the Owner Utilities by reason of [insert explanation, e.g. "replacing 12 "pipe with 24" pipe]: . The Design -Build Contractor has provided to the Owner comparative estimates for (i) all work to be performed by the Design -Build Contractor pursuant to this Agreement, including work attributable to the Betterment, and (ii) the cost to perform such work without the Betterment, which estimates are hereby approved by the Owner. The estimated cost of the Design - Build Contractor's work hereunder which is attributable to Betterment is $ , calculated by subtracting (ii) from (i). The percentage of the total cost of the Design -Build Contractor's work hereunder which is attributable to Betterment is %, calculated by subtracting (ii) from (i), which remainder is divided by (i). (c) If Paragraph 9(b) identifies Betterment, the Owner shall advance to the Design - Build Contractor, at least fourteen (14) business days prior to the date scheduled for commencement of construction for Adjustment of the Owner Utilities, the estimated cost attributable to Betterment as set forth in Paragraph 9(b). Should the Owner fail to advance payment to the Design -Build Contractor fourteen (14) business days prior to commencement of the Adjustment construction, the Design -Build Contractor shall have the option of commencing and completing (without delay) the Adjustment work without installation of the applicable Betterment. [If paragraph 9(b) identifies Betterment, check the one appropriate provision]: ❑ The estimated cost stated in Paragraph 9(b) is the agreed and final amount due for Betterment hereunder, and accordingly no adjustment (either up or down) of such amount shall be made based on actual costs. ❑ The Owner is responsible for the Design -Build Contractor's actual cost for the identified Betterment. Accordingly, upon completion of all Adjustment work to be performed by both parties pursuant to this Agreement, (i) the Owner shall pay to the Design -Build Contractor the amount, if any, by which the actual cost of the Betterment (determined as provided below in this paragraph) exceeds the estimated cost advanced by the Owner, or (ii) the Design -Build Contractor shall refund to the Owner the amount, if any, by which such advance exceeds such actual cost, as applicable. Any additional payment by the Owner shall be due within sixty (60) calendar days after the Owner's receipt of the Design -Build Contractor's invoice therefor, together with supporting documentation; any refund shall be due within sixty (GO) calendar days after completion of the Adjustment work hereunder. The actual cost of Betterment incurred by the Design -Build Contractor shall be calculated by multiplying (i) the Betterment percentage stated in Paragraph 9(b), by (ii) the actual cost of all work performed by the Design -Build Contractor pursuant to this Agreement (including work . attributable to the Betterment), as invoiced by the Design -Build Contractor to the Owner. (d) If Paragraph 9(b) identifies Betterment, the amount of Betterment in Owner's indirect costs shall be determined by applying the percentage of the Betterment calculated in Paragraph 9(b). The Owner's invoice to the Design -Build Contractor for the Design -Build Contractor's share of the Owner's indirect costs shall credit the Design -Build Contractor with any Betterment amount determined pursuant to this Paragraph 9(d). (e) For any Adjustment from which the Owner recovers any materials and/or pants and retains or sells the same, after application of any applicable Betterment credit, the Owner's invoice to the Design -Build Contractor for its costs shall credit the Design -Build Contractor with the salvage value for such materials and/or parts, determined in accordance with 23 C.F.R. Section 645.1050). (f) The determinations and calculations of Betterment described in this Paragraph 9 shall exclude right of way acquisition costs. Betterment in connection with right - of -way acquisition is addressed in Paragraph 15. Management of the Adiustment Work. The Design -Build Contractor will provide project management during the Adjustment of the Owner Utilities. (a) If the Owner determines it necessary, the Design -Build Contractor shall schedule and conduct a Pre -Bid Conference during the advertisement period of each specific Utility Adjustment. (b) The contractor selected to conduct the necessary work for each specific Utility Adjustment shall be approved by the Owner prior to any such work. (c) Prior to any construction for each specific Utility Adjustment, the Design -Build Contractor shall schedule and conduct a Pre - Construction Conference. Utilitv Investigations. At the Design -Build Contractor's request, the Owner shall assist the Design -Build Contractor in locating any Utilities (including appurtenances) which are owned and/or operated by Owner and may be impacted by the Facility. Without limiting the generality of the foregoing, in order to help assure that neither the adjusted Owner Utilities nor existing, unadjusted utilities owned or operated by the Owner are damaged during construction of the Facility, the Owner shall mark in the field the location of all such utilities horizontally on the ground in advance of Facility construction in the immediate area of such utilities. Inspection and Acceptance by the Owner. (a) Throughout the Adjustment constriction hereunder, the Owner shall provide adequate inspectors for such construction. The work shall be inspected by the Owner's inspector(s) at least once each working day, and more often if such inspections are necessary for prudent installation. Further, upon request by the Designs -Build Contractor or its contractors, the Owner shall furnish an inspector at any reasonable time in which construction is underway pursuant to this Agreement, including occasions when construction is underway in excess of the usual forty (40) hour work week and at such other times as reasonably required. The Owner agrees to promptly notify the Design -Build Contractor of any concerns resulting from any such inspection. (b) The Owner shall perform a final inspection of the adjusted Owner Utilities, including conducting any tests as are necessary or appropriate, within ten (10) business days after completion of construction hereunder. The Owner shall accept such construction if it is consistent with the performance standards described in Paragraph 3, by giving written notice of such acceptance to the Design -Build Contractor within said ten (10) day period. If the Owner does not accept the construction, then the Owner shall, not later than the expiration of said ten (10) day period, notify the Design -Build Contractor in writing of its grounds for non- acceptance and suggestions for correcting the problem, and if the suggested corrections are justified, the Design -Build Contractor will comply. The Owner shall re- inspect any revised construction (and re -test if appropriate) and give notice of acceptance, not later than ten (10) business days after completion of corrective work. The Owner's failure to inspect and/or to give any required notice of acceptance or non - acceptance within the specified time period shall be deemed acceptance. (c) From and after the Owner's acceptance (or deemed acceptance) of an adjusted Owner Utility, the Owner agrees to accept ownership of and frill operation and maintenance responsibility for, such Owner Utility. Desiqn Chanqes. The Developer and the Design -Build Contractor will be responsible for additional Adjustment design and the Design -Build Contractor will be responsible for additional construction costs necessitated by design changes to the Facility, upon the terms specified herein. Field Modifications. No field modifications shall be made without the prior approval of the Owner, which shall not be unreasonably withheld. When the Owner has approved a field modification, the Developer and the Design -Build Contractor shall provide the Owner with documentation of any field modifications, including Utility Adjustment Field Modifications as well as minor changes described in Paragraph 16(b), occurring in the Adjustment of the Owner Utilities. Real Prouerty Interests. (a) The Owner has provided, or upon execution of this Agreement shall promptly provide to the Design -Build Contractor, documentation acceptable to TxDOT indicating any right, title or interest in real property claimed by the Owner with respect to the Owner Utilities in their existing location(s). Such claims are subject to TxDOT's approval as part of its review of the Developer and Design - Build Contractor Utility Assembly as described in Paragraph 2. Claims approved by TxDOT as to rights or interests are referred to herein as "Existing Interests ". (b) If acquisition of any new easement or other interest in real property C New Interest ") is necessary for the Adjustment of any Owner Utilities, then the Owner shall be responsible for undertaking such acquisition. The Owner shall implement each acquisition hereunder expeditiously so that related Adjustment construction can proceed in accordance with the Developer's and the Design - Build Contractor's Facility schedules. The Design -Build Contractor shall be responsible for its share (as specified in Paragraph 4) of the actual and reasonable acquisition costs of any such New Interest (including without limitation the Owner's reasonable overhead charges and reasonable legal costs as well as compensation paid to the landowner), excluding any costs attributable to Betterment as described in Paragraph 15(c), and subject to the provisions of Paragraph 15(e); provided, however, that all acquisition costs shall be subject to the Design -Build Contractor's prior written approval. Eligible acquisition costs shall be segregated fiom other costs on the Owner's estimates and invoices. Any such New Interest shall have a written valuation and shall be acquired in accordance with applicable law. (c) The Design -Build Contractor shall pay its share only for a replacement in kind of an Existing Interest (e.g., in width and type), unless a New Interest exceeding such standard (i) is required in order to accommodate the Facility or by compliance with applicable law, or (ii) is called for by the Design -Build Contractor in the interest of overall Facility economy. Any New Interest which is not the Design -Build Contractor's responsibility pursuant to the preceding sentence shall be considered a Betterment to the extent that it upgrades the Existing Interest which it replaces, or in its entirety if the related Owner Utility was not installed pursuant to an Existing Interest. Betterment costs shall be solely the Owner's responsibility. (d) For each Existing Interest located within the final Facility right of way, upon completion of the related Adjustment work and its acceptance by the Owner, the Owner agrees to execute a quitclaim deed or other appropriate documentation relinquishing such Existing Interest to TxDOT, unless the affected Owner Utility is re mainin g in its original location or is being reinstalled in a new location within the area subject to such Existing Interest. All quitclaim deeds or other relinquishment documents shall be subject to TxDOT's approval as part of its review of the Utility Assembly as described in Paragraph 2. For each such Existing Interest relinquished by the Owner, the Design -Build Contractor shall do one of the following to compensate the Owner for such Existing Interest, as appropriate: (e) (i) If the Owner acquires a New Interest for the affected Owner Utility, the Design -Build Contractor shall reimburse the Owner for the Design -Build Contractor's share of the Owner's actual and reasonable acquisition costs in accordance with Paragraph 15(b), subject to Paragraph 15(c); or (ii) If the Owner does not acquire a New Interest for the affected Owner Utility, the Design -Build Contractor shall compensate the Owner for the Design - Build Contractor's share of the fair market value of such relinquished Existing Interest, as mutually agreed between the Owner and the Design -Build Contractor and supported by a written valuation. The compensation provided to the Owner pursuant to either subparagraph (i) or subparagraph (ii) above shall constitute complete compensation to the Owner for the relinquished Existing Interest and any New Interest, and no fin compensation shall be due to the Owner from the Developer, the Design -Build Contractor or TxDOT on account of such Existing Interest or New Interest(s). (f) The Owner shall execute a Utility Joint Use Acknowledgment (ROW- U -JUAA) for each Adjustment where required pursuant to TxDOT policies. All Utility Joint Use Acknowledgments shall be subject to TxDOT approval as part of its review of the Utility Assembly as described in Paragraph 2. Amendments and Modifications. This Agreement may be amended or modified only by a written instrument executed by the parties hereto, in accordance with Paragraph 16(a) or Paragraph 16(b) below. (a) Except as otherwise provided in Paragraph 16(b), any amendment or modification to this Agreement or the Plans attached hereto shall be implemented by a Utility Adjustment Agreement Amendment ( "UAAA ") in the form of Exhibit B hereto (TxDOT- CDA- U- 35A -DM). The UAAA form can be used for a new scope of work with concurrence of the Developer, the Design -Build Contractor and TxDOT as long as the Design and Construction responsibilities have not changed. Each UAAA is subject to the review and approval of TxDOT, prior to its becoming effective for any purpose and prior to any work being initiated thereunder. The Owner agrees to keep and track costs for each UAAA separately from other work being performed. (b) For purposes of this Paragraph 16(b), "Utility Adjustment Field Modification" shall mean any horizontal or vertical design change from the Plans included in a Utility Assembly previously approved by TxDOT and the Owner, due either to design of the Facility or to conditions not accurately reflected in the approved Utility Assembly (e.g., shifting the alignment of an 8 in. water line to miss a modified or new roadway drainage structure). A Utility Adjustment Field Modification agreed upon by the Developer, the Design -Build Contractor and the Owner does not require a UAAA, provided that the modified Plans have been submitted to TxDOT for its review and comment. A minor change (e.g., an additional water valve, an added utility marker at a ROW line, a change in vertical bend, etc.) will not be considered a Utility Adjustment Field Modification and will not require a UAAA, but shall be shown in the documentation required pursuant to Paragraph 14. Relationship of the Parties. (a) Althou , 2h some of the duties described in this Agreement are assumed specifically to either the Developer or the Design -Build Contractor_ t obliP�.tio this Ag r ee ment to des a nd constnrct the Facility at to Devel oper's or Design -Build Contractor's expense. including the Adiustment_ is iointly shared by the Developer and the Design -Build Contractor. To the extent Design -Build Contractor fails to perform an express dutv or obligation of this Agreemen the Developer is authorized and obli , 2ated to provide such performance. NothinLy in this Paragraph 17(a) however. alters or shall be S,Qnstrired in any wav to alter the obli"tinnz r emonsibi i 'es_ benefits- rights_ remedies andd &ms between Developer and fine Desifm -Build Contractor nnde� the Desi -Build Contract to Derfonn and D fo r the Adiustment. (b) Except as provided in Paragraph 17(a) above, this Agreement does not in any way, and shall not be construed to, create a principal/agent or joint venture relationship between the Owner and the other parties hereto and under no circumstances shall the Owner, the Design -Build Contractor or the Developer be considered as or represent itself to be an agent of another. (c) Neither this Agreement nor the Design -Build Contract alters, or shall be construed in any way to alter the obligations, responsibilities, benefits, rights, remedies, and claims between the Developer and TxDOT under the CDA to design and construct the Facility, including the Adjustment. Entire Agreement. This Agreement embodies the entire agreement (between the parties and there are no oral or written agreements between the parties or any representations made which are not expressly set forth herein. Assignment: Binding 'Effect: TxDOT as Third Partv Beneficiarv►. None of the Owner, the Developer or the Design -Build Contractor may assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the other parties and of TxDOT, which consent may not be unreasonably withheld or delayed; provided, however, that the Developer and the Design - Builder may assign any of their rights and/or delegate any of their duties to TxDOT or to any other entity engaged by TxDOT to fulfill the Developer's obligations under the CDA, at any time without the prior consent of the Owner. This Agreement shall bind the Owner, the Developer, the Design -Build Contractor and their successors and permitted assigns, and nothing in this Agreement nor in any approval subsequently provided by any party hereto shall be construed as giving any 'benefits, rights, remedies, or claims to any other person, firm, corporation or other entity, including, without limitation, any contractor or other party retained for the Adjustment work or the public in general; provided, however, that the Owner, the Developer and the Design -Build Contractor agree that although TxDOT is not a party to this Agreement, TxDOT is intended to be a third -party beneficiary to this Agreement. Breach by the Parties. (a) If the Owner claims that the Developer or the Design -Build Contractor (the "Defaulting Party ") has breached any of its obligations under this Agreement, the Owner will notify the Developer, the Design -Build Contractor and TxDOT in writing of such breach, and the Defaulting Party shall have 30 days following receipt of such notice in which to cure such breach, before the Owner may invoke any remedies which may be available to it as a result of such breach, provided, however, that both during and after such period TxDOT shall have the right, but not the obligation, to cure any breach by the Defaulting Party. Without limiting the generality of the foregoing, (a) TxDOT shall have no liability to the Owner for any act or omission committed by the Defaulting Party in connection with this Agreement, including without limitation any reimbursement owed to the Owner hereunder and any claimed defect in any desi.n or construction work supplied by the Developer, the Design -Build Contractor or by its contractors, and (b) in no event shall TxDOT be responsible for any repairs or maintenance to the Owner Utilities Adjusted pursuant to this Agreement. (b) If the Developer or the Design -Build Contractor claims that the Owner has breached any of its obligations under this Agreement, the Developer or the Design -Build Contractor will notify the Owner and TxDOT in waiting of such breach, and the Owner shall have 30 days following receipt of such notice in which to cure such breach, before the Developer or the Design -Build Contractor may invoke any remedies which may be available to it as a result of such breach. Traffic Control. The Design -Build Contractor shall provide traffic control or shall reimburse the Owner for the Design -Build Contractor's share (if any, as specified in Paragraph 4) of the costs for traffic control made necessary by the Adjustment work performed by either the Design -Build Contractor or the Owner pursuant to this Agreement, in compliance with the requirements of the Texas Manual on Uniform Traffic Control Devices. Betterment percentages calculated in Paragraph 9 shall also apply to traffic control costs. Notices. Except as otherwise expressly provided in this Agreement, all notices or communications pursuant to this Agreement shall be sent or delivered to the following: The Owner: CITY OF NORTH RICHLAND HILLS Attn: Director of Public Works 7301 NE Loop 820 North Richland Hills, TX 76180 Phone: 817- 427 -6400 Fax: 817 - 427 -6404 The Developer: NTE MOBILITY PARTNERS LLC 8713 Airport Freeway, Suite 100 North Richland Hills, TX 76180 Phone: 888- 683 -2015 Fax: The Design -Build Contractor: BLUEBONNET CONTRACTORS, LLC 6851 NE Loop 820, Suite 102 North Richland Hills, TX 76180 Phone: 817 -510 -3557 Fax: 817 - 510 -3691 A party sending a notice of default of this Agreement to another party shall also send a copy of such notice to TxDOT and the CDA Utility Manager at the following addresses: TxDOT: TxDOT Department of Transportation Attention: TTA Right of Way 125 E. 11 Street Austin, Texas 78701 -2483 Phone: (512) 936 -0980 CDA Utility Manager: PBSJ/ ATKINS GLOBAL Attention: Michael Crain North Texas CDA Project Office 3301 W. Airport Freeway Bedford, Texas 76021 Phone: (817) 508 -7602 Any notice or demand required herein shall be given (a) personally, (b) by certified or registered mail, postage prepaid, return receipt requested, or (c) by reliable messenger or overnight courier to the appropriate address set forth above. Any notice served personally shall be deemed delivered upon receipt, and any notice served by certified or registered mail or by reliable messenger or overnight courier shall be deemed delivered on the date of receipt as shown on the addressee's registry or certification of receipt or on the date receipt is refused as shown on the records or manifest of the U.S. Postal Service or such courier. Any party may from time to time designate any other address for this purpose by written notice to all other parties, TxDOT may designate another address by written notice to all parties. Approvals. Any acceptance, approval, or any other like action (collectively "Approval ") required or permitted to be given by either the Developer, the Design -Build Contractor, the Owner or TxDOT pursuant to this Agreement: (a) Must be in writing to be effective (except if deemed granted pursuant hereto), (b) Shall not be unreasonably withheld or delayed; and if Approval is withheld, such withholding shall be in writing and shall state with specificity the reason for withholding such Approval, and every effort shall be made to identify with as much detail as possible what changes are required for Approval, and (c) Except for approvals by TxDOT, and except as may be specifically provided otherwise in this Agreement, shall be deemed granted if no response is provided to the party requesting an Approval within the time period prescribed by this Agreement (or if no time period is prescribed, then fourteen (14) calendar days), commencing upon actual receipt by the party from which an Approval is requested or required, of a request for Approval from the requesting party. All requests for Approval shall be sent out by the requesting party to the other party in accordance with Paragraph 22. Time. (a) Time is of the essence in the performance of this Agreement. (b) All references to "days" herein shall be construed to refer to calendar days, unless otherwise stated. (c) No parry shall be liable to another parry for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence ( "Force Majeure "), such as acts of God, acts of civil or military authority, fire, earthquake, strike, unusually severe weather, floods or power blackouts. Continuing Performance. In the event of a dispute, the Owner, the Developer and the Design -Build Contractor agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying billings, and such continuation of efforts and payment of billings shall not be construed as a waiver of any legal right. Equitable Relief. The Developer, the Design -Build Contractor and the Owner acknowledge and agree that delays in Adjustment of the Owner Utilities will impact the public convenience, safety and welfare, and that (without limiting the parties' remedies hereunder) monetary damages would be inadequate to compensate for delays in the construction of the Facility. Consequently, the parties hereto (and TxDOT as well, as a third party beneficiary) shall be entitled to specific performance or other equitable relief in the event of any breach of this Agreement which threatens to delay construction of the Facility provided, however, that the fact that specific performance or other equitable relief may be granted shall not prejudice any claims for payment or otherwise related to performance of the Adjustment work hereunder. Nothing contained in this Agreement shall be construed as a waiver of the Owner's governmental immunity except to the extent expressly provided or necessarily implied herein. Authority, The Owner, the Developer and the Design -Build Contractor each represents and warrants to the other parties that the warranting party possesses the legal authority to enter into this Agreement and that it has taken all actions necessary to exercise that authority and to lawfully authorize its undersigned signatory to execute this Agreement and to bind such party to its terms. Each person executing this Agreement on behalf of a party warrants that he or she is duly authorized to enter into this Agreement on behalf of such party and to bind it to the terms hereof. Cooperation. The parties acknowledge that the timely completion of the Facility will be influenced by the ability of the Owner (and its contractors), the Developer and the Design -Build Contractor to coordinate their activities, communicate with each other, and respond promptly to reasonable requests. Subject to the terms and conditions of this Agreement, the Owner, the Developer and the Design - Builder agree to take all steps reasonably required to coordinate their respective duties hereunder in a manner consistent with the Developer's and the Design -Build Contractor's current and future construction schedules for the Facility. Termination. If the Facility is canceled or modified so as to eliminate the necessity of the Adjustment work described herein, then the Developer shall notify the Owner and Design -Build Contractor in writing and the Developer reserves the right to thereupon terminate this Agreement. Upon such termination, the parties shall negotiate in good faith an amendment that shall provide mutually acceptable terms and conditions for handling the respective rights and liabilities of the parties relating to such termination. Nondiscrimination. Each party hereto agrees, with respect to the work performed by such party pursuant to this Agreement, that such party shall not discriminate on the grounds of race, color, sex, national origin or disability in the selection and/or retention of contractors and consultants, including procurement of materials and leases of equipment. Applicable Law, Jurisdiction and, Venue. This Aareement shall be aoverned by the laws of the State of Texas. without regard to the conflict of laws grincir)les thereof. Venue for anv action brouaht to enforce this Aareement or relatin to the relationship between anv of the rsarties shall be the District Court of Travis Countv. Texas or the United States District Court for the Western District of Texas (Austin), or, such other venue as agreed to by the parties_ Waiver of Consequential Damaaes. No party hereto shall be liable to any other party to this Agreement, whether in contract, tort, equity, or otherwise (including negligence, warranty, indemnity, strict liability, or otherwise,) for any punitive, exemplary, special, indirect, incidental, or consequential damages, including, without limitation, loss of profits or revenues, loss of use, claims of customers, or loss of business opportunity. Captions. The captions and headings of the various paragraphs of this Agreement are for convenience and identification only, and shall not be deemed to limit or define the content of their respective paragraphs. Counterparts. This Agreement may be executed in any number of counterparts. Each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute one and the same instrument. Effective Date. Except for the provisions of Paragraph 2(a) (which shall become effective immediately upon execution of this Agreement by the Owner, the Developer and the Design -Build Contractor without regard to TxDOT's signature), this Agreement shall become effective upon the later of (a) the date of signing by the last party (either the Owner, the Developer or the Design -Build Contractor) signing this Agreement, and (b) the date of TxDOT's approval as indicated by the signature of TxDOT's representative, below. APPROVED BY: OWNER TEXAS DEPARTMENT OF TRANSPORTATION CITY OF NORTH RICHLAND HILLS [Print Owner Name] m - Authorized Signature Ulm Duly Authorized Representative Printed Name: Donald C. Toner Jr. SRIWA Title: Director — Turnpike Right of Way Texas Turnpike Authority Division Date: DESIGN-BUILD CONTRACTOR Bluebonnet Contractors, LLC .0 Duly Authorized Representative Printed Name: Jose Carlos Esteban Title: Chief Executive Officer Date: Printed Name: Title: Date: DEVELOPER NTE Mobility Partners LLC 0 Duly Authorized Representative Printed Name: Steve Hankins, PE Title: Director of Design & Construction Date: Cost Estimate for Utility Assembly (183-U-0506) City of North Richland Hills Conflict(s): 427, 428, 429, 430 Eligibility Ratio: 50% ITotal Construction Costs for Relocations 1 $522,740.901 I I ndi recl Costs by B I u ebonet Contractors, LLC 1 $81,809-641 llndirec( Costs by City of North Richland Hills 1 $45,523,341 ITotal Cost for Relocations 1 $650,073.881 lEstimated Share for Bluebonnet Contractors, LLC 1 $325,036.941 (Estimate Share for City North Richland Hills 1 $325,036.941 Eligibility Ratio Total Relocation Footage 4970 Footage in ROW 4970 Footage in Easement 0 100% x (0 14970) = 000% 50% x (4970 / 4970) = 5000%+ 50.00% Water & Wastewater Facility Abandonment Attn: Mr. Donald C. Toner Jr. SRIWA From: Gregory Van Nieuwenhuize Date: July 7, 2011 Subject: City of North Richland Hills Water & Wastewater Facility Abandonment Dear Mr. Toner, The City of North Richland Hills recommends that portion of the water pipeline that is not being removed according to the plan set be abandoned in place (excluding structures). During the utility adjustment the permanent vacated facilities to remain shall be capped and filled with a minimum of 100 psi grout. Abandoned facilities conflicting with roadway construction shall be removed by others during the construction and excavation stages. The proposed abandonment is along Airport Freeway beginning at NTE BL Sta. 1028 +00 to 1051+25. This abandonment shall not be construed as a change in ownership of the facility. The City of North. Richland Hills will be responsible for maintaining abandonment facility records, offset from property lines, coordinates, and the type, quantity, and size of abandoned material. The City of North Richland Hills certifies that this abandonment conforms with all requirements of rule 21.39 of the UAR and all current federal, state, and local laws and codes, or industry standards, whichever is more stringent. There is no hazardous material associated with this proposed abandonment. Signed, Gregory Van Nieuwenhuize Date Utility Joint Use Acknowledgement Reimbursable Utility Adjustment UTILITY JOINT USE ACKNOWLEDGEMENT REIMBURSABLE UTILITY ADJUSTMENT District: Forth Worth Highway: SH 183 County: Tarrant U- Number: 183 -U -0506 WHEREAS, the State of Texas, ( "State "), acting by and through the Texas Department of Transportation ( "TxDOT "), proposes to make certain highway improvements on that section of the above- indicated highway; and WHEREAS, the City of North Richland Hills, ( "Utility "), proposes to adjust or relocate certain of its facilities, if applicable, and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated by the location map attached hereto. NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties mutually agree as follows: It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing in this Acknowledgement shall serve to modify or extinguish any compensable property interest vested in the Utility within the above described area. If the facilities shown in the aforementioned plans need to be altered or modified or new facilities constructed to either accommodate the proposed highway improvements or as part of Utility's future proposed changes to its own facilities, Utility agrees to notify TxDOT at least 30 days prior thereto, and to furnish necessary plans showing location and type of construction, unless an emergency situation occurs and immediate action is required. If an emergency situation occurs and immediate action is required, Utility agrees to notify TxDOT promptly. If such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements, or could endanger the traveling public using said highway, TxDOT shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway. Such regulations shall not extend, however, to requiring the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. If Utility's facilities are located along a controlled access highway, Utility agrees that ingress and egress for servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the highway right of way from any one or all access points. Where supports, manholes or other appurtenances of the Utility's facilities are located in medians or interchange areas, access from the through - traffic roadways or ramps will be allowed by permit issued by the State to the Utility setting forth the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of access or service operations as herein provided will not permit emergency repairs as required for the safety and welfare of the public, the Utility shall have a temporary right of access to and from the through - traffic roadways and ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such repairs are initiated and adequate provision is made by Utility for the convenience and safety of highway traffic. Except as expressly provided herein, the Utility's rights of access to the through - traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public. If Utility's facilities are located along a non - controlled access highway, the Utility's rights of ingress and egress to the through- traffic roadways and /or ramps are subject to the same rules and regulations as apply to the general public. Participation in actual costs incurred by the Utility for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with applicable laws of the State of Texas. It is expressly understood that Utility conducts the new installation, adjustment, removal, and /or relocation at its own risk, and that TxDOT makes no warranties or representations regarding the existence or location of utilities currently within its right of way. The Utility and the State, by execution of this Acknowledgement , do not waive or relinquish any right that they may have under the law. The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement on behalf of the party represented. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Owner: Deity of North Richland Hills Utility Name :1 Authorized Signature Printed Name: Title: Date: The State of Texas Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Donald C. Toner Jr. SR/WA Title: Director — Turnpike Right of Way Texas Turnpike Authority Division Date: CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -8 -2011 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: (Budget Council Meeting Date: 8 -8 -2011 Presented by: Mark Mills Agenda No. F.1 Subject: GN 2011 -058 Setting Date for Public Hearings for 2011 -2012 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets Summarv: The City Council is asked to set the public hearing dates for the proposed annual FY 2011/2012 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District. General Description: The City Council is asked to set the dates for the upcoming public hearings. Each hearing is planned for August 22, 2011 beginning at 6:15 p.m. for the Park and Recreation Facilities Development Corporation and 6:30 p.m. for the Crime Control and Prevention District. The hearing for the proposed annual City Budget will be conducted as part of the regular City Council meeting, beginning at 7:00 p.m. on August 22, 2011. In addition to setting these dates in a public meeting, a published notice will be required for each public hearing per the City Charter and State law. A copy of the each notice accompanies this coversheet. In compliance with State law, the proposed annual budget has been made available on the City website at www.nrhtx.com. The proposed budget is also available at the City Secretary's Office and at the North Richland Hills Public Library. Recommendation: Set the date for the public hearings on the Park and Recreation !Facilities Development Corporation at 6:15 p.m., the Crime Control and Prevention District at 6:30 p.m. and the annual City Budget at 7:00 p.m. on August 22, 2011. NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at 6 p.m. on August 22, 2011 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas, on the Corporation funding and undertaking of projects (including, but not limited to, future land acquisition, public right of way and infrastructure improvements, the construction of baseball and softball fields, construction or renovation of neighborhood and community parks, construction or renovation of dog /animal parks, playground equipment, construction and/or renovation of recreation facilities, public art, tree planting and other landscape improvements, senior citizen centers, building of hike and bike trails, park security improvements, update of the park system master plan, the operations of the tennis center, the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation, and economic and business development). A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8 a.m. and 5 p.m. Monday through Friday. It is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NOTICE OF PUBLIC HEARING ON 2010 - 2011 PROPOSED ANNUAL BUDGET NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2011- 2012 proposed annual budget during the meeting to be held at 6:30 p.m. on August 22, 2011 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available for review at the City of North Richland Hills Public Library, Monday through Saturday and online at vwww.nrhtx.com. NOTICE OF PUBLIC HEARING 2010 -2011 PROPOSED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2011 -2012 proposed annual budget on Monday, August 22, 2011 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. The proposed budget is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at w.nrhtx.com. CITY OF NORTH RICHLAND HILLS Department: (Budget Council Meeting Date: 8 -8 -2011 Presented by: Mark Mills Agenda No. 'F.2 Subject: GN 2011 -059 Setting the Date for the Tax Rate Public Hearing and Vote on Placing the Tax Rate Adoption on the Agenda of the September 12, 20111 City Council Meeting Summary Council is requested to set the date for a public hearing on the proposed tax rate of 57¢ per $100 of taxable valuation as August 22, 2011 and to vote to place the adoption of this tax rate on the September 12, 2 01 Council Regular Agenda. General Description: In follow up to the FY 201112012 Budget Work Session, it is necessary to begin the process to establish a tax rate for the next fiscal year, in accordance with the City Charter and State law. At the Budget Work Session, staff proposed a tax rate of 57¢ per $100 of taxable valuation, which is the same tax rate as the current year. If approved, this will be the 19 consecutive year the tax rate has been 57¢. Per Section 26.05(d) of the Tax Code, Council can not adopt a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings have been held on that tax rate. The City of North Richland Hills' proposed tax rate of 57¢ is below the effective tax rate of 58.1718¢ and the rollback rate of 60.5946¢. As a result, the City of North Richland Hills is not required to conduct two public hearings prior to the adoption of the tax rate. While State law does not require the City to conduct these public hearings, the City of North Richland Hills will hold a single tax rate public hearing, similar to last year, on August 22, 2011 during the regular City Council meeting. In addition, State law requires that the City Council vote to place the adoption of the tax rate on a future Council Agenda as an action item. The date for this vote is currently planned for September 12, 2011. The vote would appear as an action item on the agenda for the regular City Council meeting. Recommendation: That a vote be taken to set August 22, 2011 as the date for a public hearing on the proposed tax rate of 57¢ per $100 of taxable valuation and to place the adoption of this tax rate on the September 12, 2011 Council Agenda. CITY OF NORTH RICHLAND HILLS Department: (Neighborhood Services Presented by: Stephanie East Council Meeting Date: 8 -8 -2011 Agenda No. F.3 Subject: GN 2011 -060 Amendment to NRH Code of Ordinances, Chapter 18, Article IV, Food Establishment Ordinance- Ordinance No. 3145 Summarv: The Food Establishment Ordinance has not had revisions in many years. Updates to this ordinance will promote increased health and safety at regulated facilities and serve to provide clear guidelines for operations. This item was presented to Council on July 11 th Work Session. General Description: The proposed changes to the Food Establishment Ordinance include updates and clarifications of the existing code. The ordinance sets specific guidelines for new construction and remodeled facilities, outlines the administration of re- inspection fees and includes changes intended on encouraging businesses to internally regulate their operations. Proposed Ordinance changes include: • Additions and alterations to definitions and permit categories to reflect current needs in the community. • The requirement to maintain a temperature log and cleaning schedule to more effectively monitor facility conditions. • Remodeled facilities and changes of ownership will eliminate "grandfathered" conditions in order to bring establishments up to current health codes. • Grease traps cleaning frequency is specified, and construction materials and sink placements are addressed to assist with facility cleanliness and employee hygiene. Most changes are minor and reflect current policy. Recommendation: Approval of Ordinance No. 3145 ORDINANCE NO. 3145 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 18 AND APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; ESTABLISHING CLEARER RULES FOR SELF REGULATION AND COMPLIANCE WITH STANDARDS AND ENCHANCING THE ABILITY OF CITY STAFF TO ENSURE THE SAFETY OF FOOD PROVIDED FOR CONSUMPTION BY OTHERS; ESTABLISHING STANDARDS; PROVIDING FOR ENFORCEMENT, AMENDING FEES; PROVIDING FOR DUE PROCESS, PROVIDING DEFINITIONS, ESTABLISHING A PENALTY, PROVIDING FOR SEVERABILITY AND FOR PUBLICATION. WHEREAS, City staff has recommended the adoption of amendments to the City's regulations of food and food service establishments to provide more definitive and detailed guidelines and standards and to clarify requirements for fees, inspections and enforcement; and WHEREAS, the City Council finds that the regulations adopted herein are necessary to protect the health and safety of those who consume food within the City; NOW THREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Article IV of Chapter 18 of the North Richland Hills Code of Ordinances be amended to read as follows: IM9163110Z,I11I M+I63 Il =631FA1IR & DIVISION 1. GENERALLY Sec. 18 -191. Definitions. When used in the article, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows and this section shall include all definitions included in the regulations adopted in section 18 -271: Child care kitchen means a kitchen within a child care facility that prepares and/or serves meals to children in care. Child care facilities that only serve non - potentially hazardous snacks obtained from an approved source that require limited food handling and require that children in care provide their own meals are excluded from this definition. Commissary means a facility that is permitted and inspected by a municipal or county regulating health authority. The commissary shall provide safe storage of food, paper goods, and single- service articles; equipment to wash, rinse, and sanitize food contact equipment, disposal of waste water, washing and storage of mobile food units, weekend food vendors, or other food vendors' equipment. Residential homes or apartments, child care kitchens or kitchens that cannot be properly secured from entry by non -food employees will not be permitted as commissaries. All food products housed or prepared at the commissary shall be properly packaged, labeled, and obtained from an approved source. Concession stand Seasonal food service means a facility that operates at a fixed location in conjunction with scheduled, community -based sporting or recreational events and operates for no more than four consecutive months (120 days in a 12 -month calendar year). Concession stands are limited to approved menu items including preparation and service of non - potentially hazardous foods, precooked, potentially hazardous food products, and/or frozen, pre - formed hamburger patties requiring limited preparation such as heating, seasoning, and serving. Food handler cards are required for concession stand coordinator(s). Consumer health inspector means the inspector of the department of neighborhood services of the city or his designee. Cooking means cooking all parts of a food to meet the time and temperature requirements set in the Texas Food Establishment Rules without interruption in process or procedure from refrigerated or frozen state until the food is completely and thoroughly cooked. Employee means any person working in a food service establishment including individuals having supervisory or management duties. Fee exempt means any non - profit organization with proof of non - profit status; parent - teacher associations; scholastic -based booster clubs; any City -owned or City- operated food service operation; and as otherwise determined by the director of finance or his authorized representative or as otherwise designated by the city manager. Food means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use either in whole or in part, for human consumption, or chewing gum. Food Demonstration means temporary food service located within a retail grocery store at which a vendor or employee provides food samples to the general public. Food demonstration independent vendors and employees of the retail grocery providing demonstrations shall operate under the direction of a certified food manager, possess current North Richland Hills food handler cards, and meet all applicable food safety requirements as specified in the Texas (Food Establishment Rules for temporary food service. Food establishment means any place which offers, produces, or stores food for consumption in single or larger portions or quantities, including but not limited to food service establishments, retail food stores, commissaries, warehouses and food itinerants whether such operations be mobile or operate from a fixed location; and whether there is a charge of a direct and/or indirect nature or said food is given away without a charge. The term "food establishment" does not apply to the following: (1) Private homes where food is prepared, served or stored for individual family consumption. (2) Religious organizations that serve their own membership and immediate guests and other structured groups of persons who gather occasionally for fellowship and society that provide the food from amongst their membership. (3) Food processing plant; (4) Temporary food establishments which operate at a fixed location for a period of time not to exceed three consecutive days in conjunction with a single event or celebration or concession stand which operates at a fixed location in conjunction with scheduled, community -based sporting or recreational events that serve only prepackaged, non - potentially hazardous food products that have been properly prepared and packaged in accordance with all state and local requirements and are properly stored, handled, and served in the unopened, original package from said temporary food establishments or concession stands. (5) Temporary food establishments operated by non- profit, religious, governmental agencies, or private individuals less than three days in length. (6) Kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale. Priority classification. For the purpose of assessing permit fees and frequency of inspections, the following definitions shall apply: (1) Low priority. A food establishment that sells only prepackaged potentially and non - potentially hazardous foods; prepares and/or serves only non - potentially hazardous beverages; or other factors as determined by the consumer health inspector or his authorized representative which would require the establishment be inspected on a low priority basis, such as a convenience store, discount store, or drug store. (2) Medium priority. A food establishment that prepares, serves, or sells potentially and non - potentially hazardous foods from precooked ingredients with limited handling; fresh meat or seafood market that sells only prepackaged meat or seafood packaged at an approved food manufacturing plant, or other factors that require that establishment be inspected on a medium priority frequency basis, such as a retail grocery store, sandwich shop, produce market, ice cream shop, pizza delivery /pickup, bakery, or candy store. (3) Nigh priority. A food establishment that prepares, serves or sells foods from raw meats or seafood; extensively handles foods; or other factors that require that the establishment be inspected at the high priority frequency basis, such as a full service restaurant, fast food restaurant, seafood or fresh meat market where meat and/or seafood is handled, prepared, or cut on site. (4) Elevated priority. A food establishment that serves or sells foods from raw meats or seafood, extensively handles food, and extensively holds potentially hazardous foods hot and cold for service; operates 24 hours per day; serves a highly susceptible population; or other factors that require that the establishment be inspected at the elevated priority frequency basis, such as a full service buffet or cafeteria restaurant, fast food or full service food establishment open 24 hours per day, or hospital or nursing home kitchen. Health department means the department of neighborhood services of the city. Mobile food unit means a vehicle- mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. Mobile food units with full- service kitchens and other trucks serving meals shall not stay at a fixed location longer than 15 minutes and are limited to sales at construction sites only. Mobile food units selling prepackaged ice cream and other non - potentially hazardous foods that operate within the city shall also obtain a Solicitor's permit from the office of the city secretary. Municipal Special Event Vendor means a vendor that operates a temporary food service establishment at a fixed location not to exceed five consecutive days in conjunction with a single event or celebration sponsored, owned, or operated by the City of 'North Richland Hills. Non- potentially hazardous food means a food that is not potentially hazardous and does not require time and temperature control for safety to limit pathogen growth and toxin production. Non - potentially hazardous foods include but are not limited to popcorn, pretzels, chips, snow cones, cotton candy, pickles, and cookies. Potentially hazardous food means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean or other ingredients, cut fruit, baked ,potatoes, cooked rice, or other food in a form capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms, or as further defined by the Texas Food Establishment Rules . Recurring Event Food Vendor means a vendor that operates from a temporary location in conjunction with a community- based sporting or recreational event or school fundraiser. Recurring Events include: outdoor temporary food service at a fixed location for a period of time not to exceed one day per week for no more than four hours at a time for no more than four consecutive months (120 days in a 12 -month calendar year), not to exceed 16 events total; or indoor temporary food service that serves an approved menu with limited food handling that coincides with community -based sporting, recreational, or scholastic events. Recurring Event Food Vendors shall currently operate a permitted and inspected food establishment, serve an approved menu with limited preparation at the event site, and be overseen by a Certified Food Manager. Recurring Event Food Vendors also include non - profit, parent- teacher associations serving only prepackaged or non - potentially hazardous foods and potentially hazardous foods that require limited preparation and handling such as pizza. Regulatory authority means the department of neighborhood services of the city. Re- inspection means an inspection to determine compliance with applicable health regulations. Re- inspection fee means a fee assessed by the consumer health inspector based on a health inspection score of 30 or greater and/or an establishment's failure to correct one or more issues addressed at the time of inspection within the time frame established by the inspector. Rules and regulations means "Texas Food Establishment Rules" (TFER) of the state department of health, division of food and drugs. A copy of those rules are on file in the office of department of neighborhood services and made a part hereof. Such rules and regulations are adopted and shall be in full force and effect within the city limits of the city. Temporary food establishments mean establishments which operate at a fixed location for a period of time not to exceed three consecutive days in conjunction with a single event or celebration. A business may only operate a for - profit temporary food establishment once every four consecutive months (120 days in a 12 -month calendar year). Weekend food vendor means a food establishment which operates for no more than three consecutive days over a weekend at a single business with a minimum of 100,000 square feet of building space and ten feet of space in front of such business for such vendor. Weekend food vendors are limited to preparation and service of non - potentially hazardous foods and precooked, potentially hazardous food products requiring limited preparation such as heating, seasoning, and serving. Sec. 18 -192. Compliance required. It shall be unlawful for any person or firm to operate any food establishment as defined in section 18 -191, within the corporate limits of the city, unless such operation is done in conformance with the requirements of this article. Sec. 18 -193. Fees. The director of finance shall review all fees annually and adjust fees by the increase in the DFW consumer price index for the preceding 12 months as established by the department of commerce and are printed in appendix A. Sec. 18 -194. Penalty. Any person, firm, association of persons, company, corporation or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, as provided in section 1 -13. Each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty herein shall be cumulative of other remedies provided by state law and the power of civil enforcement and injunction as provided in V.T.C.A., Local Government Code §§ 54.012 -- 54.019 and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. Secs. 18- 195 - -18 -210. Reserved. DIVISION 2. PERMIT Sec. 18 -211. Required. It shall be unlawful for any person or firm to operate a food establishment without a permit. Sec. 18 -212. Application. (a) Generally. Application for a permit as required in this article in section 18 -211 shall be made in writing to the city consumer health inspector or his authorized representative or as otherwise designated by the city manager upon forms prescribed and furnished by the city. Application for a permit shall include a copy of a government- issued identification that includes a photograph of the applicant. Exceptions to this requirement shall be made for temporary food service, municipal special event vendors, and recurrent event food vendors. (b) Review of plans and specifications. Plans and specifications review are required as follows: (1) Prior to construction, or remodeling where structural and/or cosmetic improvements valued at $5000 or more are involved or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications shall be provided. Such plans and specification shall be made available for review by the fire marshal and the consumer health inspector or his authorized representative or as otherwise designated by the city manager for compliance with the provisions of the building code, fire code, and this article. No construction of a food establishment shall take place nor will a building permit be issued prior to the approval of the submitted plans and specifications by the specified city. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials or work areas, and the type or make of proposed fixed equipment and facilities. Construction according to the specifications which have therefore been submitted and approved by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager must be commenced within six months of the said approval date and completed within 12 months of commencement, or the plans must be resubmitted for plan review and being subject to the current city requirements. (2) Projects which, at the time of approval, are of such size or which are planning to use equipment that cannot be delivered and installed within this 18 months may apply to the city consumer health inspector or as otherwise designated by the city manager for a waiver of this review at the time of original submission, but not thereafter. (3) Whenever plans and specifications are required to be submitted to the city, the city shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the requirements of this article. All items required by this article addressed by the department of neighborhood services shall be completed prior to operations or introduction of food products into the food establishment. (4) Upon change of ownership or remodeling of a food establishment, any violations addressed in previous inspections shall be resolved; the intent of this section is to require installation of sinks or other equipment or materials that are required by this ordinance or the Texas Food Establishment Rules. Sec. 18 -213. Authority to issue permits. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the city provided that the person or firm complies with the requirements of this article. Sec. 18 -214. Issuance of permit; transferability; terms; penalties; categories. (a) The city consumer health inspector or his authorized representative or as otherwise designated by the city manager shall issue a permit if he determines that: (1) The technical review of plans and specifications are in compliance with applicable laws and this article; (2) The fees as set out by ordinance and all other applicable fees have been paid; and (3) By means of physical inspection, the food establishment is determined to be in compliance with this article. (b) Permit nontransferable. Every permit issued under the provisions of this article shall be nontransferable. A food establishment shall permit the operation of the establishment only at the location for which application is made. Change of ownership of a food establishment requires submission of a new permit application and payment of the permit fee and any applicable non- permit fees. (c) Display of permit. Any permit granted under the provisions of this article shall remain in full force and effect and displayed in a conspicuous public place for inspection by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager for the term allowed according to permit category and type as defined in this article, unless suspended and/or revoked for cause. (d) Penalty for failure to renew. Any food establishment that fails to renew any permit issued under the provisions of this article by the expiration date of said permit and continues to operate without a valid permit shall be assessed $25.00 for each day of operation of that establishment, plus any other penalties provided in this article. Such assessments and/or penalties shall be paid along with the required permit fees before a valid permit will be reissued. Any food establishment that fails to renew any permit issued under the provisions of this article within 30 days of permit expiration and continues to operate may be closed by the department of neighborhood services and/or the person in charge issued a citation. Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until said permit and fees are (paid in full and a re- inspection determines that any other violations addressed by the department of neighborhood services have been resolved. (e) Permit categories. Permit categories are authorized as provided herein: (1) Low Priority Food service establishment (2) Medium Priority (Food service establishment (3) High Priority Food service establishment (4) Elevated Priority Food service establishment (5) Child Care Kitchen (B) Mobile food unit (7) Weekend food vendor (8) Concession Stand / Seasonal (9) Temporary Food Establishment (10) Municipal Special Event Vendor (11) Recurring Event Food Vendor Sec. 18 -215. Permit fees and renewal. (a) Fee required. Before a permit is issued, an applicant shall pay the fee as established by ordinance, except fee exempt temporary food establishments, fee exempt concession stands, and food establishments owned and /or operated by the City of North Richland Hills. (b) Application and renewal of certain permits. The following permits shall expire annually on November 30 and must be renewed on December 1 of each calendar year (1) Food service establishments elevated priority, (2) Food service establishments high priority; (3) Food service establishments medium priority, (4) Food service establishments low priority; (5) Child Care Kitchen (6) Mobile food unit; and (7) Weekend food vendor. (c) Proration of fees. Applicable fees may be prorated at 50 percent for food establishment permits issued on or after May 1. (d) Public Entities. Food establishments operated by a public entity such as an Independent School District may be exempt from paying the Food Establishment Permit fee, if approved by the regulatory authority. Secs. 18-216--18-230. Reserved. ■]ZAR1[07►Ec =1►1y0x411Colo Sec. 18 -231. Enforcement authority; inspections; report of inspections. (a) Authority. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager is authorized to enter upon any private property and to enter any establishment, subject to the provisions of this article for the purpose of determining compliance with this article and for the purpose of determining the identity of the owner, operator, manager or supervisor thereof and all persons employed therein. (b) Inspections. Before a permit is issued, the city consumer health inspector or his authorized representative or as otherwise designated by the city manager shall inspect and approve the food establishment areas to be used. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing food borne illness according to TFER. (c) Classification of food establishments. The city consumer health inspector or as otherwise designated by the city manager shall classify food establishments as elevated priority„ high priority, medium priority or low priority, according to the type of operations; particular foods that are prepared; number of people served; susceptibility of the population served; and any other risk factor deemed relevant to the operation. (d) Additional inspections. Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this article. (e) Refusal to allow inspection. Refusal of an owner, manager or employee to allow the city consumer health inspector or his authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after the hearing required in section 18- 232(e)(1). Nothing herein or therein shall require notice of suspension of this violation. (f) Inspection warrant. In the event that the city consumer health inspector or his authorized representative or as otherwise designated by the city manager should have cause to believe that a business required to be permitted under this article is operating without a permit (or has failed to renew such permit) and refuses entry, during normal business hours, then the city consumer health inspector or his authorized representative or as otherwise designated by the city manager may apply to the city municipal court for an inspection warrant of the suspect premises upon the filing of a probable cause affidavit and compliance with the Texas Code of Criminal Procedure. If an inspection warrant is granted by the municipal court, the city consumer health inspector or his authorized representative or as otherwise designated by the city manager may be assisted in service thereof by the city police department, or such other law enforcement agencies as are deemed necessary to obtain entry. (g) Building official and/or fire marshal to accompany inspector. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may also be accompanied during inspection by the building official or his designee and/or fire marshal of the city or his designee or as otherwise designated by the city manager. Sec. 18 -232. Correction of violations; suspension of permit; revocation of permit. (a) Enforcement procedures. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may establish enforcement procedures to ensure compliance with this article and which are consistent with the regulations adopted herein, including, but not limited to written warnings, compliance time limits, re- inspection fees, citations, permit suspensions and permit revocation. (b) Inspections. The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: (1) If an imminent hazard exists, because of an emergency such as a fire, flood, extended interruption of electrical or water service, lack of hot water (at least 100 ° F or no less than the minimum required temperature set by the TFER), sewage backup, misuse of poisonous or toxic materials, onset of apparent food borne illness outbreak, uncontrolled infestation of insects or rodents, gross unsanitary occurrence or condition, or other circumstance that may endanger public health, the permit holder shall immediately discontinue operations and notify the city department of neighborhood services. If a business is closed for any of the above mentioned violations, a closure sign shall be posted in public view. If the department of neighborhood services places the closure sign in public view, it cannot be removed or covered in any way, said sign shall state that the business was closed by the city department of neighborhood services or as otherwise designated by the city manager and shall not reopen until such time as the violations or repairs have been completed and a re- inspection has been completed by a city consumer health inspector or as otherwise designated by the city manager. The consumer health inspectors or as otherwise designated by the city manager are the only persons authorized to remove the sign once it has been posted in accordance with this article. Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until such time as a re- inspection determines that conditions responsible for the requirement to cease operations no longer exist and any other violations addressed by the department of neighborhood services have been resolved. (2) A permit holder shall, at the time of inspection, immediately correct a critical violation and implement corrective actions. Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the consumer health inspector or as otherwise designated by the city manager may agree to or specify a longer time frame, not to exceed ten calendar days after the inspection, for the permit holder to correct critical control point violations. (3) All non - critical violations shall be corrected by a date and time agreed to or specified by the consumer health inspector or as otherwise designated by the city manager, but no later than 90 calendar days after the inspection. (4) In the case of temporary food establishments, all violations shall be corrected immediately and within a time specified by the regulatory authority, but in any event, not to exceed 24 hours following the inspection. (c) Re- inspection. (1) Re- inspections shall be to determine corrected critical and non - critical violations as defined in the regular inspection. (2) Re- inspections shall be to determine compliance with plan review after initial inspection and prior to issuance of permit. (3) When the total cumulative demerit value of a food establishment's health inspection exceeds thirty (30) demerits, multiple critical violations exist, or the lack of overall cleanliness and sanitation poses a risk to health and safety, the establishment shall initiate immediate corrective action on all identified critical violations and shall initiate corrective actions on all other violations within forty -eight (48) hours. One (1) or more re- inspections shall be conducted at reasonable time intervals to ensure correction. There shall be a re- inspection fee for all additional re- inspections required to determine correction. The re- inspection fee shall be paid no later than thirty (30) business days immediately following each re- inspection. (d) Compliance with inspection report. The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations, issuance of re- inspection fees, or issuance of citations. An opportunity for a formal administrative Ihearing is provided for in subsection (e) of this section. (e) Suspension of permit. (1) The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of the ordinance, or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in section 18 -233. When a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city by the holder of the permit, within ten days. The permit holder shall be afforded a hearing within ten days of the date on which the city is in receipt of the written request for said hearing. (2) If the permit holder or the person in charge does not file a written request for a hearing with the city within ten days of the notice of suspension, then the suspension is sustained. The city may end the suspension at any time if the reason for suspension no longer exists. (3) Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until such time as a re- inspection determines that conditions responsible for the requirement to cease operations no longer exist and any other violations addressed by the department of neighborhood services have been resolved. Opportunity for re- inspection shall be offered within a reasonable time. (f) Revocation of permit. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may, after providing opportunity for a hearing as specified in subsection (e) of this section, revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the city's enforcing authority in the course of his duties. The city shall notify the holder of the permit or person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed within the ten day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. Sec. 18 -233. Service of notice. A notice provided for in this article is properly served when it is delivered to the holder of the permit or person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or is hand - delivered to the person in charge of the establishment at the time of delivery. A copy of the notice shall be filed in the records of the city. Sec. 18 -234. Hearings. The hearing provided for in this article shall be conducted by the city manager or his designee at a time and place designated by the city manager or his designee. After such hearing, the city manager or his designee shall sustain, reverse or modify the action of the city consumer health inspector in connection with the permit. A copy of such action shall be furnished to the appellant by the consumer health inspector within 48 hours of the issuance of the said order and decision. Secs, 18- 235 - -18 -250, Reserved. DIVISION 4. TRAINING REQUIRED Sec. 18 -251. Food service manager's training certification. (a) Generally. Every food service establishment permitted herein shall employ no less than one certified food manager who has attended a certified food manager's class approved by the Texas Department of State Health Services and who possesses a current North Richland Hills food manager certification.. Temporary food service establishments and food service establishments that handle only prepackaged foods and non - potentially hazardous foods which require only limited preparation are exempt from the provisions of this article. Other food establishments may be exempt from this article and will be determined on a case -by -case basis depending on the type of food handling operation and the overall risk to the public health with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. In the case that a food establishment receives a score of (25) or greater for three or more health inspections within a calendar year or has extensive, repeat critical violations and a history of non- compliance, there shall be no less than (1) certified food manager that meets these requirements present at the food establishment during all hours of operation. (b) Certification; responsibilities. The certified food manager must be employed on the premises of the establishment to be in compliance with this article. The certified food manager certificate shall be obtained within the first 30 days of employment in a managerial capacity. The certified food manager shall be responsible for ensuring that all food handlers are trained and certified with the city department of neighborhood services or as otherwise designated by the city manager within the first 30 days of hiring. In the event that the certified food manager is no longer employed on premises, the food establishment must employ another certified food manager who possesses a current North Richland Hills food manager certification within 30 days of the effective date of termination or permanent transfer of the previous certified food manager. (c) ,Display of certifications. The owner or person in charge of any establishment permitted herein shall display all such certifications in a conspicuous, public place for inspection by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager. A copy of each certified food manager's certification as described and required in this article shall be filed in the records of the city. (d) Fee. The fee set out in Appendix A is intended to cover the issuing of the certificate only. If the training is obtained through the department of neighborhood services, any cost to the city for such training shall be passed on to the food service manager. Sec. 18 -252. Food Handler Card. (a) Required. Every employee of a food service establishment shall obtain a food handier card from the city department of neighborhood services within the first 30 days of employment. Coordinators of concession stands, seasonal food service operations, and recurring event food vendors shall also obtain the food handler card within 30 days of operation. (b) Training sessions. Prior to obtaining a food handier card, employees shall attend a training session on food safety available through the city department of neighborhood services or as otherwise designated by the city manager or attend a certified food handler class approved by the Texas Department of State Health Services . (c) Fee; filing of copy. There shall be a fee, as set out in Appendix A, for this training session and/or the food handier card. Volunteers of non- profit and fee - exempt food establishments and food service employees of the City of North Richland Hills shall be exempt from paying this fee. (d) Exemption. Employees in food service establishments that do not work with food or food contact items and employees that have obtained certified food manager certification through the department of neighborhood services shall be exempt from this article. Secs. 18- 253 - -18 -270, Reserved. DIVISION 5. REGULATIONS Sec. 18 -271. State sanitation regulations adopted. The state department of health bureau of food and drugs, "Texas Food Establishment Rules, " (TFER) (25 TAC 229.181 -- 229.171, 229.173 - 229.175), as adopted by the state board of health, effective October 6, 1998, and as amended thereafter are hereby referenced and adopted as part of this article. Sec. 18 -272. Examination and condemnation of food. Food samples may be examined or taken for analysis by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager as often as necessary for enforcement of this article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this article, and shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the city consumer health inspector or his authorized representative or as otherwise designated by the city manager. The city shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written notice to denature or destroy such food or bring it into compliance with the provisions of this article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof. Sec. 18 -273. Equipment and utensils; design and fabrication. (a) Standards for equipment. Residential refrigerators, freezers, and ranges are not approved for use in commercial food service establishments or food stores. Refrigeration units will be required to maintain a product temperature of five degrees Celsius (41 degrees Fahrenheit). Smokers and grills used to prepare meats shall be of commercial grade, placed in a secured area that the public cannot access, must be maintained in a safe and sanitary manner and shall at all times of operation be under the supervision of a food service manager. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) are approved. (b) Exception to standards. An exception to the former equipment requirements may be made with written approval of the city consumer health inspector or his authorized representative for food establishments that will operate only under a temporary permit. Sec. 18 -274. Equipment installation and location. Auxiliary equipment such as water heaters, remote connected refrigerator compressors, and the central units of equipment used to treat the air by either heating, cooling, or otherwise conditioning the air must be located outside food preparation areas. If such equipment is to be installed in a food preparation area, it must be completely enclosed. Sec. 18 -275. Sanitary facilities and equipment. (a) Lavatories and hand washing sinks. Lavatories and hand washing sinks shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing valve. The faucet shall be equipped with wing or lever handles, wrist handles, or foot pedals in place of knobs. Automatic hand washing facilities shall allow water to flow for at least twenty (20) seconds in order to meet required time limits for hand washing; water shall reach 100 ° F within twenty (20) seconds. Hot water shall reach no less than 100 ° F or as required by Texas Food Establishment Rules at all hand sinks and lavatories within 20 seconds of operation. For new construction and those facilities that have undergone extensive remodeling, a hand washing sink shall be located to allow convenient use for employees in all food preparation, food dispensing, and ware washing areas; in, or immediately adjacent to toilet facilities; and at least (1) hand washing sink shall be on each cook line, for direct use by all employees while working on the cook line; and within every twenty -five (25) linear feet of unobstructed space in food preparation and utensil washing areas, or as otherwise approved by the regulatory authority. An approved splash guard may be required to separate the hand washing sink from food preparation, service, or storage areas. Water heaters must be of sufficient capacity to meet all hot water needs throughout the facility during all hours of operation. (b) Lavatory and hand washing sink supplies. If hand drying devices providing heated air are provided, they may only be used in restrooms. A sanitary dispenser containing hand cleaner and a sign that states or demonstrates proper hand washing shall be provided at each lavatory and each hand sink. Sanitary disposable towels shall be provided in a dispenser conveniently located near each hand sink in food preparation and food service areas. Hand washing sinks in food preparation or food service areas shall also be equipped with a supply of single -use gloves or other specified second barrier that is properly stored and not subject to splash. (c) Toilet facilities. (1) All new or extensively remodeled food service establishments within the city in which food served to the customer is intended to be consumed on the premises shall be equipped with separate toilet facilities for men and women and shall comply with all requirements of the city plumbing code. An exception to this rule based on allowed occupancy of 15 people or fewer or as specified by International Building Code and facility priority rating may be made with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. (2) Toilet facilities shall be located within the food service establishment and will provide the customer of said establishment direct and easy access to the establishment toilet facilities from the dining area without having to go either outside the establishment, or through the food preparation area. Employees shall have access to the toilet facilities without having to exit the building. An exception to this rule may be allowed in a theme park setting based on overall facility layout and condition of and proximity to toilet facilities with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. (d) Cleaning physical facilities. In all new or extensively remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet, shall be provided and used for cleaning mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes. In -use dish cloths must be stored in sanitizer meeting requirements stated in TFER. (e) Grease traps /intercep tor. Grease traps /interceptors installed in food establishments shall be located outside the establishment, unless approved in writing by the building official, construction board of appeals, director of public works, and city consumer health inspector or his authorized representative or as otherwise designated by the city manager. Grease traps shall be located for easily accessible cleaning and shall be cleaned by a waste hauler that holds a current waste hauler permit through the department of neighborhood services. Grease traps shall be cleaned as often as required by city ordinance, state law, or federal law, but no less than twice annually (two times within twelve calendar months). Trip tickets documenting the removal of wastes shall be kept on site for review. (f) Sinks. In all new or extensively remodeled food establishments at least a three compartment sink shall be provided for the manual washing, rinsing, and sanitizing of utensils and equipment. If heat is used to sanitize equipment and utensils, a minimum temperature of 170 degrees Fahrenheit is required. If raw fruits and vegetables are cut and/or prepared on site, a separate preparation sink equipped with hot and cold water shall be installed for the purpose of washing raw fruits and vegetables. Where applicable, a separate sink shall be installed for the thawing of frozen meat products if frozen meat products are subject to rapid thawing under cool, continuously running water or for meat/seafood products that require additional preparation, such as cleaning shellfish. Preparation sinks shall be properly labeled. (g) Mechanical utensil washing facilities. In all new and extensively remodeled food establishments having mechanical utensil washing facilities, at least one three - compartment sink shall be provided in addition to the mechanical utensil washer. (h) Floors, walls, ceilings. Floors, walls, and ceilings in all food preparation, food service, ware washing, and any other area subject to splash shall be light in color, designed, constructed, and installed so they are smooth, non- absorbent, and easily cleaned. FRP (fiberglass reinforced paneling), stainless steel, commercial tile, or other material approved by consumer health shall be required for all food preparation and food service wall surfaces. Painted concrete floors are prohibited. Carpeting may not be installed as a floor covering in any area subject to moisture, flushing, or spray cleaning methods. Carpeted areas shall be regularly cleaned and shall be removed or replaced if those areas become extremely distressed and unable to be properly repaired or become soiled, filthy, and no longer cleanable. (i) Distressed merchandise, segregation, location, and marking. Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, expired, spoiled, or recalled products, shall be separated and stored properly in designated areas that are separated from food, equipment, utensils, linens, and single- service articles. Such products shall be clearly marked that they are not to be used or served. (J) ,Employee personal storage. Food employees shall have designated space within the food establishment to allow for storage of personal items, such as jackets, coats, personal foods, and drinks. Employee personal items shall never be stored in areas that could potentially contaminate food, food contact items, clean equipment, clean linens, or single - service /single -use articles. Employees may only drink from a non - spillable, closed beverage container that is handled and stored to prevent contamination of the employee's hands, the drink container, exposed food, clean equipment, utensils, and linens, unwrapped single-service/single-use articles. (k) Pest control. In the event that the presence of pests is determined at a food facility, the department of neighborhood services may require the food establishment to obtain additional pest control treatments in order to properly control pests. All pest control efforts shall be administered and overseen by a commercial pest control applicator licensed by the Texas department of Agriculture, and all pest control records shall be on site and available for review. Sec. 18 -276. Restricted operations. The retail sale and/or offering for sale, and/or holding for sale, of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the city limits. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may impose additional requirements pertaining to temporary and mobile food establishments or mobile food itinerant, in order to protect the public health and may prohibit the sale of some or all potentially hazardous foods from the former establishments. Excluded from this section are businesses that sell frozen, prepackaged meals and frozen, prepackaged food products that have been packaged at a manufacturing plant inspected by the FDA. USDA. or other federal aaencv and deliver said product in a frozen state in commercial, refrigerated trucks. Such businesses shall obtain a solicitor's permit from the office of the city secretary and a permit to operate as a mobile food unit from the department of neighborhood services. Sec. 18 -277. Weekend food vendors. Weekend food vendors must have a separate license for each location they serve and must provide, in writing, a statement of the location of the commissary that is used by the vendor to store food and equipment associated with the food, which must be inspected by the state department of health, or a Texas city or county health department. No operations shall be permitted in any fire lane and at least four feet of walkway into the building must remain open and unobstructed. No weekend food vendor shall operate in any zoning district other than retail or commercial. All zoning and fire regulations must be complied with. Weekend food vendors shall not be allowed to operate except within the ten feet closest to the front of the business building and shall not be allowed to operate unless the primary business building is open to the public. Secs. 18- 278 - -18 -310. Reserved.AR Sec. 18 -278. Additional Requirements. (a) Temperature Log and Cleaning Schedule Required. All medium, high, and elevated priority food establishments shall be required to keep a daily temperature log in order to ensure proper food safety and good hygienic practices. This log shall include, but is not limited to, records of refrigerator and freezer temperatures taken from internal thermometers; temperatures of potentially hazardous foods received, cooked, held hot, held cold; records of cooling potentially hazardous foods; tracked use of time as a public health control where allowed by law; calibration of thermometers; concentration of sanitizer at the mechanical utensil washing facilities and/or three - compartment dish washing sinks; records of additional training or re- training on employee good hygienic practices; food temperatures at catered events; and any other critical control point that shall be tracked in order to ensure proper food safety as established by the regulatory authority. In addition, all medium, high, and elevated priority food establishments shall be required to keep a daily cleaning schedule or log to ensure proper cleaning of all equipment and surfaces throughout the food establishment. All temperature log records and cleaning logs shall be kept on site at the food establishment for a minimum of 30 days and shall be available for review upon inspection by the regulatory authority, (b) Bare Hand Contact Documentation. Where allowed by law, a business may opt not to use single -use gloves as a secondary barrier as required by the Texas Food Establishment Rules when handling ready to eat foods. Such business shall submit the required bare hand contact documentation stating that required training has taken place; include a statement of which secondary barrier is used; and a statement of corrective actions in the case of improper bare hand contact. This documentation shall be provided to the consumer health division and shall be available on site at the food establishment and available for review. The consumer health division shall review the submitted documentation and may approve the method submitted if the said method meets all requirements. Sec. 18 -278. Variances. (1 ) A food establishment may apply to the director for a variance modifying or waiving the requirements of the Texas Food Establishment Rules or the requirements of this ordinance. The food establishment shall apply for the variance on a form provided by the director and shall include in the application all of the information required by Section 229.171(c)(2) of the Texas Food Establishment Rules. The application must be accompanied by a nonrefundable application fee of $50. (2) The director may grant a variance by modifying or waiving the requirements of the Texas Food Establishment Rules [as authorized in Section 229.171(c) of the Texas Food Establishment Rules] or the requirements of this chapter if, in the opinion of the director, a health hazard or nuisance will not result from the variance. (3) If a variance is granted, the director shall retain in its records for the food establishment the information provided by the applicant under Section 229.171(c)(2) of the Texas Food Establishment Rules. A food establishment granted a variance shall comply with Section 229.171(c)(3) of the Texas Food Establishment Rules and any conditions or standards for the variance established by the director or this ordinance. (4) A variance granted under this section is nontransferable. The variance expires two years after the date it is granted by the director, unless it is sooner revoked by the director or terminated by the food establishment. A variance may be renewed through the application process set forth in Paragraph (1) of this subsection. (5) The director shall deny or revoke a variance under this section if: (A) the food establishment made a false statement as to a material matter on or in connection with the request for the variance or on or in connection with the permit application for the food establishment; (B) the food establishment does not hold a valid permit issued under this chapter, (C) the director determines that a health hazard or nuisance will result or has resulted from the variance; (D) the food establishment failed to pay a fee required under this chapter at the time it was due; or (E) the food establishment is in violation of any term or condition of the variance as established by the director, this chapter, or state law. (6) If the director denies or revokes a variance, the director shall notify the applicant in writing by personal service or regular United States mail. The notice must include the reasons for the denial or revocation and a statement informing the applicant of the right to appeal the decision in accordance with Subsection (q) of this section. (7) If, pursuant to this section, the director grants a variance to Section 229.167(p)(15) of the Texas Food Establishment Rules (which prohibits animals on the premises of a food establishment) to allow dogs to be present in the outdoor patio area of a food establishment, then the food establishment shall comply with the following conditions and standards in addition to any other conditions and standards established by the director for the variance: (A) Except as allowed under Section 229.167(p)(15) of the Texas Food Establishment Rules, no dog may be present inside the food establishment or on any playground area of the food establishment. (B) A separate entrance must be provided from the outside of the food establishment to the outdoor patio so that a dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment. A dog on an outdoor patio may not be allowed within seven feet of any entrance to the interior of the food establishment, exce when necessary to enter or exit the patio. (C) A sign must be posted at the front entrance of the food establishment so that it is easily visible to the public. The sign must state: "DOG FRIENDLY PATIO - DOG ACCESS ONLY THROUGH OUTDOOR PATIO." In addition, this sign must be posted on the patio and must also include a statement addressing each rule listed in sections (G) — (K) of this subsection. (D) Doors equipped with self - closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment. (E) No food preparation, including mixing drinks or serving ice, may be performed in the outdoor patio area, except that a beverage glass may be filled on the patio from a pitcher or other container that has been filled or otherwise prepared inside the food establishment. (F) The outdoor patio must be continuously maintained free of visible dog hair, dog dander, and other dog - related waste or debris. The outdoor patio must be hosed down or mopped with animal friendly chemicals at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner, or late- 'hours), or, if a food establishment has continuous food or beverage service without designated shifts, then every six 'hours that the establishment is open for business, except that cleaning under this subparagraph is not required if no dog has been present on the outdoor patio since the last cleaning. Waste created from a dog's bodily functions must be cleaned up with animal friendly chemicals within five minutes after each occurrence. All dog waste must be disposed of outside of the food establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment. (G) While on duty, wait staff or other food handlers at the food establishment may not pet or have contact with any dog. (H) A dog must be kept on a leash and remain in the control of the customer while in the outdoor patio area. The dog must be wearing a collar or harness with a current rabies tag attached to it. (1) A dog is not allowed on a seat, table, countertop, or similar surface in the outdoor patio area. (J) A dog is not allowed to have contact with any dishes or utensils used for food service or preparation at the food establishment. (K) A dog may not be given any food (including, but not limited to, dog kibble, biscuits, and edible treats) while in the outdoor patio area, but may be given water in a disposable container. (8) An owner, operator, manager, or other person in charge of a food establishment commits an offense if he, either personally or through an employee or agent, violates, allows a violation of, or fails to comply with a term or condition of a variance granted under this section." Section 2: That Appendix A of Chapter 18, Section 18 -193 of the North Richland Hills Code of Ordinances be amended to read as follows: Section 15 -193 Food service fees Application fee 97.04 Plan review 114.44 Annual permit fee: Elevated priority 500.44 High priority 436.44 Low priority 252.44 Medium priority 372.44 Child Care Kitchen 100.44 Reinspection 50.44 Mobile food unit 126.44 per vehicle Recurring Event Food Vendor NRH Business 35.04 Business Outside NRH 50.04 Temporary Event Food Vendors: Nonprofit 0 Profit 69.04 Food handier permit Permit fee 19.00 (3 yrs.) under the age of 62 126.00 Permit fee 6.00 (3 yrs.) over the age of 62 126.00 per Duplicate fee 2.00 Food manager's permit 13.00 each Permit fee 13.00 (5 yrs. from state issuance date) 126.00 Duplicate fee 2.00 Swimming pools — public and semipublic 126.00 permit Application (new owner /new business 97.00 Plan review 114.00 Annual permit fee per poollspa 149.00 Mobile food unit permit fee (per vehicle) 126.00 Waste haulers Hauler /Pumper 126.00 per Profit vehicle Trip Ticket Book 13.00 each Weekend food vendor Permit 126.00 Seasonal Food Vendor 126.00 Concession Stands 126.00 Municipal Special Events Vendor Nonprofit 0.00 Profit 69.00 Space /Utility Fees Nonprofit 29.00 Profit 46.00 Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00 ), provided however, any violation of any provision that governs fire safety, public health, and/or sanitation, shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day and any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 5: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. 1_ 1►1�1�iL�'1�'li +i+7:��7�11'I��a PASSED AND APPROVED on the 8th day of August, 2011. CITY OF NORTH RICHLAND HILLS ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary +] ►J= Ill_[ a011010 jIFA211I1xclil41 vim George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Stephanie East Council Meeting Date: 8 -8 -2011 Agenda No. FA Subject: GN 2011 -061 Amendment to NRH Code of Ordinances, Chapter 18, Article II, Child Care Ordinance — Ordinance No. 3153 Summarv: The Child Care Ordinance has not had revisions in many years. Updates to this ordinance will promote increased health and safety at child care facilities and serve to provide clear guidelines for certain aspects of operations not previously addressed. This item was presented to Council on July 11 th Work Session. General Description: This update reflects state law changes as well as the introduction of health and safety requirements that will assist in protecting the overall safety and welfare of children in their care. In addition, the updated code is intended to be used in conjunction with the Food Establishment Ordinance for those facilities that have on site kitchens. The issuance and renewal of child care permits have been clarified and will allow for consistency of information on file between NRH City Departments and State regulatory agencies. Changes to this code include specific procedures for releasing children from the center, the permit suspension, revocation, and appeal process, construction guidelines; and standards for facilities that provide evening and night care. One fire drill will be reviewed by NRH Fire Department annually, vehicles used to transport children must have current registration and inspection, and facility liability insurance will be required for all centers. Recommendation: Approval of Ordinance No. 3153 ORDINANCE NO. 3153 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 18 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; CONFORMING CITY REGULATIONS TO STATE STATUTES AND ADMINISTRATIVE REGULATIONS AND ADDING REGULATIONS FOR AFTER SCHOOL CARE; ESTABLISHING CLEARER RULES FOR SELF REGULATION AND COMPLIANCE WITH STANDARDS AND ENHANCING THE ABILITY OF CITY STAFF TO ENSURE THE SAFETY OF CHILDREN; ESTABLISHING STANDARDS; PROVIDING FOR ENFORCEMENT, FOR DUE PROCESS, PROVIDING DEFINITIONS, ESTABLISHING A PENALTY, PROVIDING FOR SEVERABILITY AND FOR PUBLICATION. WHEREAS, City staff has recommended the adoption of amendments to the City's child care regulations to conform to state law and provide more definitive and detailed guidelines and standards and to clarify requirements for fees, inspections and enforcement; and WHEREAS, the City Council finds that the regulations adopted herein are necessary to protect the health and safety of children in the custody of certain providers within the City; NOW THREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Article IV of Chapter 18 of the Forth Richland Hills Code of Ordinances be amended to read as follows: "ARTICLE II. - CHILD CARE AND BEFORE AND AFTER SCHOOL PROGRAM FACILITIES DIVISION 1. - GENERALLY Sec. 18 -31. - Purpose. The purpose of this article is to provide minimum standards for the operation of child care facilities and before and after school program facilities in the city, to protect the health, safety and welfare of the occupants and patrons. Sec. 18 -32. - State Texas Department of Family and Protective Services minimum standards adopted. There is hereby adopted the "Minimum. Standards for Day Care Centers " and "Minimum Standards for School -Age and 'Before or After - School Programs" published in Title 40, Chapters 744 and 746 of the Texas Administrative Code, a copy of which shall be kept on file in the office of the city secretary. The provisions of the such minimum standards shall apply as though such regulations were copied at length herein, except where specific other provisions are expressed within this article or where the provisions contained herein require higher or greater standards of care. Sec. 18 -33. - Definitions. (a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section unless otherwise expressly stated or where the context clearly indicates a different meaning: (1) "Child" means a person under 18 years of age. (2) "Child -care facility" means a facility licensed, certified, or registered by the Texas Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24 -hour day, whether or not the facility is operated for profit or charges for the services it offers. (3) "Foster home" means a child -care facility that provides care for not more than six children for 24 hours a day. (4) " Religious organization" means a church, synagogue, or other religious institution whose purpose is to support and serve the propagation of truly held religious beliefs. (5) "Before - school or after - school program" means a child -care facility that provides care before or after, or before and after, the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend prekindergarten through grade six. (6) "Regulatory authority" means the City of North Richland Hills Consumer Health Division and any other department or official of the city exercising the powers and duties established in this Article. (b) All other terms used herein shall have the meaning established for such terms by Chapter 42, Texas Human Resources Code. (c) The term "child care facility " shall not apply to organizations, facilities or operations not required by Chapter 42, Texas Human Resources Code to be licensed, certified, or registered. DIVISION 2. — PERMITS Sec..18 -34. — Child care, before or after - school program general requirements, application procedures, plan review, permits. (a) General requirements: (1) Every person, association, institution, or corporation, whether for profit or nonprofit, who shall conduct or manage a child care or before and after - school program and receives payment or benefits for such service shall obtain a permit from the regulatory authority. (2) No permit shall be granted to any person who is ineligible to be employed by the facility as defined by Sec. 18- 39(c)(5) of the Code of Ordinances of the City of North Richland Hills. (3) The regulatory authority may approve or deny a permit to operate a child care center or before and after - school program. Upon approval, the regulatory authority shall collect the appropriate annual fee from the applicant and issue a permit, which will remain in effect unless suspended or revoked as herein provided. (4) In the event the regulatory authority shall refuse to grant a permit to any applicant, the provisions of section Sec. 18 -39(d) shall govern any appeal of such denial. The reason(s) for such action shall be provided to the applicant in writing and details provided to correct the problem(s), if possible, which caused denial of the permit request. (5) Child care centers and before and after - school program facilities shall have a regular sanitation inspection at least twice annually with a written report. Any corrections called for in the report shall be made within time specified by the regulatory authority. (b) Application procedures: (1) The child care or before and after - school program facility application and application fees must be submitted by the owner to the regulatory authority before construction is complete; transfer of operation; or new operations may begin in existing centers. The application must be submitted on the farms provided by the regulatory authority by the owner or, if the applicant is a corporation, a duly authorized representative of said corporation. a. The application shall state the name, address, and age of the applicant and the commercial title and address of the child care center or before and after - school facility. A copy of the applicant's current driver's license is required. b. The applicant is responsible for complying with all zoning, building, fire, and health ordinances of the City of North Richland Hills. (c) Affirmation of certificate of occupancy. The permit application shall affirm that a certificate of occupancy has been applied for with the building inspection department, its issuance contingent, in part, on the successful application for a child care center or before and after - school program facility permit. (d) Plan review. (1) Whenever a child care center or before and after - school facility is constructed or extensively remodeled and whenever an existing structure is converted to use as a child care or before and after - school facility, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion has begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment in centers. The regulatory authority shall approve the plans and specifications if they meet the requirements of the state of Texas regulatory authority and city ordinance. (2) Whenever plans and specifications are required to be submitted to the regulatory authority, the regulatory authority shall inspect the child care center or before and after - school facility prior to beginning its operation to determine compliance with the approved plans and specifications and with the requirement of these rules. (3) Residential structures shall not be permitted as a child care or before and after - school facility. (4) The child care or before and after - school facility shall meet the Texas Department of State Health Services Texas Food Establishment Rules if food is prepared and served at the center. Facilities serving only non - potentially hazardous snacks are exempt from the requirements of this article. (5) Free - standing diaper changing stations in infant and toddler areas shall have a hand sink, plumbed with hot (100 ° F) and cold running water, located at the diapering station. Hot water must be available within 20 seconds. (6) Child care centers providing over -night care shall provide bathtubs and/or showers. (7) Stairs and porches more than two (2) feet above the ground shall have railings the children can reach. (8) Outside play areas shall be surrounded by a fence with a minimum height of six (6) feet and shall be immediately adjacent to the center and located away from heavy traffic areas. Such fences shall be of a design to prevent entrapment hazards. Any child care center operating a before and after - school care program for in a public school building pursuant to a contract with any independent school district shall be exempt from the fence requirements of this article. (9) Outdoor play equipment shall be away from busy areas in the yard and securely anchored, unless portable by design. (10) Swimming pools shall be constructed, maintained, and comply with the State of Texas Regulations for Swimming Pools Texas Department of State Health Service's Standards for Public Swimming Pool and Spa. (e) Permit Required: (1) No child care or before or after - school facility shall be operated within the city without a current permit issued by the City for such facility. (2) All child care or before and after - school facilities in the City of North Richland Hills must present proof of insurance against liability for personal injury or death of any person on the premises in the amount of $300,000 for each occurrence of negligence as required by the Human Resource Code, 42.049 along with the application or renewal of the annual child care or before and after - school facility permit. (3) All permits when granted and issued shall be displayed in a place readily accessible for the inspection by the regulatory authority and any citizen. Permits issued hereunder shall be deemed personal to the permit holder and may not be transferred from one (1) location or from one (1) place of business to another. (4) No permit shall be deemed to grant a vested or property right, but such permit shall remain subject to the terms and provisions of this article and subject to such future regulations as shall be promulgated by the city council by ordinance and any investment made by an applicant or permit holder shall be made subject to this article. Sec. 18 -35. - Duration and renewal. The term of each permit issued hereunder shall expire on November 30 and upon expiration may be renewed for a one year term by the payment of the annual permit fee and submission of proof of insurance unless suspended or revoked, as long as the background check for the owner, operator, director and each employee has been performed within 24 months. If such background checks are not current, no renewal shall issue until such background check is submitted. Sec. 18 -36. - Permit fee. The fee for an annual permit for a child care facility and for a before and after - school facility shall be as established in Appendix A. The director of finance may review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 18 -37. - Display. The child care facility permit shall be conspicuously posted on an inside wall of the main facility and shall be continuously displayed in public view. Sec. 18 -38. - Nontransferable. No permit issued under this article shall be used for any purpose other than the intent for which it was issued nor be transferred or assigned to, or in any manner used by, any person other than the one to whom issued by the regulatory authority or as otherwise designated by the city manager. DIVISION 3. - FACILITY REGULATIONS Sec. 18 -39. Safety and sanitation. (a) Operation of facility. The operator of the child care or before and after - school facility shall operate the facility in compliance with the provisions of this article and other applicable sections of this Code, and shall respond within the specified schedule of time when any deficiency or violation has been identified by the regulatory authority or his designee or as otherwise designated by the city manager. (b) In an emergency occurrence, such as any circumstance that renders all or part of the center unsafe or unsanitary for a child care or before and after - school facility(for example, but without limitation, flood, fire, water outage, lack of hot water (100'F), power outage, or sewage backup), the person in charge shall immediately notify the regulatory authority, (c) Personnel records: (1) The child care or before and after - school facility personnel records must be available for inspection by the regulatory authority at all times. (2) Personnel shall have a record of a tuberculosis (TB) examination performed within ten (1 Q) working days of employment. A record of a tuberculin test or chest X -ray examination with insignificant findings signed by a physician will comply with this standard. (3) All child care or before and after - school facility staff shall have current cardio - pulmonary resuscitation (CPR) for infants and children and first aid certifications on file and available for inspection. (4) When children are present, persons whose behavior or health status endangers the health, safety, and wellbeing of the children must not be allowed in the child care or before and after - school facility. Child care or before and after - school facility staff, employees and/or drivers, family members, visitors, parents, or other persons with symptoms of contagious disease, a physical or mental condition that would be harmful to the children, or who appears to be intoxicated must not be allowed in the facility while children are present. (5) The child care or before and after - school facility director shall cause a criminal history check to be performed by the State of Texas Regulatory Agency for the owner, the director and for each employee. Copies of said request(s) shall be available for review by the regulatory authority. Until charges are dropped, no person with a conviction or who is under indictment for, or is the subject of an official criminal complaint that has been accepted by a county or district attorney alleging violation of any of the crimes listed in the state of Texas regulatory authority agency's minimum standard rules for licensed child care or before and after - school facility may be present while children are in care, unless it is determined by the state of Texas regulatory authority agency that the person does not pose a risk to the children in care. The regulatory authority shall be notified of any indictments or complaints within twenty -four (24) hours of awareness or by the next workday. (d) Firelemergency. (1) In case of danger from fire, the first responsibility shall be the evacuation of the children. (2) All child care or before and after - school facility shall have an annual fire inspection with a written report with the exception of child care centers located in a public school building that the fire marshal has approved for public school user however, a copy of the public school's fire inspection report must be available for review. Any corrections called for in the report shall be made. (3) The child care center shall have at least one (1) fire extinguisher approved by the fire marshal. The fire extinguisher shall be checked annually and serviced if required. These shall be located where readily available. (4) A fire evacuation, severe weather, and relocation plan shall be posted in each room used by the children in a child care or before and after - school facility and all staff members shall be instructed as to what to do in an emergency. Fire drills shall be held monthly and severe weather drills must be held quarterly at different times during the center's operation using these plans. (5) Fire drills at child care centers must be audited by the fire inspector at least once annually by the City of North Richland Hills Fire Department or as required and documentation of the audited fire drill must be kept on site. (e) Safety and Sanitation. (1) The child care or before and after - school facility's buildings, grounds, and equipment shall be cleaned, repaired, and maintained to protect the health and safety of the children. (2) There shall be adequate light, ventilation, and heating in the facility. (3) Drinking water shall always be available to children. It shall be supplied in a safe and sanitary manner. (4) The temperature of any hot water available to the children shall be controlled by a thermostat at a minimum of one hundred (1 0Q) degrees Fahrenheit but no higher than one hundred twenty (120) degrees Fahrenheit so it cannot scald. Before and after - school program care that is provided in all independent school districts shall be exempt from this requirement. (5) Trash, litter, and debris shall be kept in containers with tight lids away from children's areas and removed daily to an approved dumpster. (6) Pesticide application. A child care or before and after - school facility shall be treated for ,pests as needed by an individual licensed by the State of Texas regulatory agency to prevent, control, or eliminate pest infestations at the child care or before and after - school facility. (7) Electric fans, window air conditioners, and heaters shall be mounted out of children's reach or have safeguards that keep children from being injured. (f) Emergency phone numbers: (1) In addition to the state of Texas regulatory authority emergency phone numbers, licensed child care or before and after - school facility centers shall include the City of North Richland Hills Neighborhood Services Department number. (2) The telephone numbers of parents, any unique identification code or child tracking method, photographs of authorized persons that are able to pick children up, designated physicians, and staff members shall be in place accessible to the telephone and to all staff. (g) Food service: (1) Food service in child care facilities. A child care facility in which food is prepared for human consumption shall comply with the pertinent food service regulations in article IV of this chapter. Employees preparing food for children shall be required to obtain North Richland Hills food handler cards and one staff member must have a certified food manager certificate as specified in article IV of this chapter. (2) All other staff members that assist with food service and snacks must attend the child care class and obtain the child care card from the department of Neighborhood Services (3) Child care center kitchens shall have a regular food service inspection at least twice annually with a written report. Child care kitchens that prepare food from a raw state shall have an increased number of food service inspections. (4) The child care center shall maintain the grease trap as required by law. The grease trap manifest or trip ticket shall be kept at the child care center and must be available for inspection. Grease traps 'must be pumped no fewer than twice annually or as often as required by law. (5) Food served at a child care facility that is not prepared onsite shall be from a source approved by the regulatory authority. A temperature log to record temperatures of food catered, received, or obtained outside of the child care facility is required to ensure food safety. (h) Use of facility and supervision: (1) During the regular hours of operation of a child care or before and after- school facility, there shall not be more children at the facility than the state license allows or children of ages not approved by the state of Texas Department of Family and Protective Services. (2) If programs not subject to regulation use the same premises, the child care center or before and after - school program shall not use any space at the same time another program is using that space. The child care center shall not have an interrupted food schedule if a common kitchen is used. (i) Enrollment, records: (1) The child care or before and after - school facility's enrollment records shall be accessible to the staff and available for inspection by the regulatory authority at all times. (2) An enrollment agreement shall be obtained for each child prior to admission, filed at the child care or before and after - school facility, and the director shall be responsible for assuring that the terms of the agreement related to items a. - g. below are met. The agreement signed by the parents shall contain: a. Hours the child shall be in care. (Not to exceed twelve (12) hours except in an emergency.) b. Notarized emergency medical authorization. C. Any unique security code or child tracking method d. A statement that the child will be released only to a parent or a person named by the parent. e. In any instance when the persons listed above cannot pick up the child, the procedures described herein shall be followed. 1. The parent or guardian shall phone the child care or before and after - school facility center, shall identify themselves by using any unique identification code, and shall designate who will pick the child up. The director or staff member shall check the child's enrollment record to verify the code number. 2. The person who picks up the child must identify themselves as follows- (i) Shall present photo identification. (ii) Shall present the parent's unique security code or child tracking method (iii) The unlisted person shall sign child out. (iv) The director or staff member shall photograph the person before they leave the child care or before and after - school program facility or a copy must be made of the valid driver's license. The center must provide an operational camera to take necessary photographs. f. The procedure to release children to unlisted persons as required by the City of North Richland Hills shall be posted so that it is readily accessible to all staff. g. In the event that a child is found to be missing from a facility, the operator of the facility shall report such fact to the North Richland Hills Police Department and the City of North Richland Hills regulatory authority immediately. (3) School -age children who leave the child -care center to go to classes and clubs shall have written permission from the parents. Parents shall specify the activity, time, and method of transportation. (4) Photographs of the parents and other persons authorized to pick up the child shall be kept by the child care or before and after - school program facility. (5) It shall be the responsibility of the parent who is granted custody of the child to provide the child care or before and after - school program facility with a copy of any custody decree or agreement should they request that the release authorization record be changed. (i) Infant and preschooler care: (1) Refrigeration used for storing infant formulas and milk in the infant/toddler rooms shall be commercial grade. Child care centers that are presently using residential type refrigeration must upgrade to commercial refrigeration when the unit fails or if there is a change of ownership. (2) Caregivers shall use disposable, nonporous gloves when changing diapers, handling blood, vomit, or other bodily fluids that may contain blood and discard the gloves immediately after one (1) use. Staff hands shall be washed before and after each diaper change. (3) Child care centers shall provide additional supplies (i.e., diapers, wipes, clothing) in case of emergencies for proper care of children. 0) Evening and night care: (1) A child care center offering evening or night care shall comply with any applicable fire and safety requirements for this type of care. (2) Children staying the night shall have the opportunity to bathe. When bathtubs or showers are used, preschool -age children shall be supervised. Privacy shall be ensured for school -age children. Tubs or showers shall be cleaned after each use. Children shall be provided fresh washcloths and towels. (3) Sleeping equipment shall be appropriate to the age and size of each child. Each child in evening or night care shall be provided a bed or cot with clean linens, a mattress or pad, and a pillow with a washable protective covering. (k) Transportation: (1) Any vehicle that is used to transport children shall have current automotive liability insurance and a current inspection and registration sticker. Each driver of a vehicle used to transport children must have a valid driver's license. (2) All vehicles shall have a complete first aid kit, a properly charged and accessible fire extinguisher, notarized emergency medical authorizations, and a list of children being transported. DIVISION 4. - INSPECTIONS. Sec. 18 -40. (a) Right of entry; inspection (1) The regulatory authority shall cause the child care or before and after - school program facility to be inspected not less than semiannually to ensure that the facilities, grounds and equipment are maintained in compliance with this article and in a safe and sanitary condition for the welfare of the occupants and patrons of the child care or before and after - school program facility and in compliance with the standards established by this Article. The regulatory authority shall have the right to enter the premises of any permitted facility or any facility for which a permit has been suspended to determine whether the operator is complying with all requirements of this ordinance or order issued hereunder. Operators shall allow inspecting personnel immediate access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (2) The regulatory authority shall cause reports of inspections to be kept on file in the department of neighborhood services and issued to the child care or before and after - school program facility along with appropriate directives to resolve deficiencies observed in the inspections. The regulatory authority shall have the authority to enforce the provisions of this article and to issue citations for violation of any of the requirements of this Article. The regulatory authority may require re- inspection of premises and impose payment of re- inspection fees after any inspection finds deficiencies or violations. (3) Where an operator has security measures in force which require proper identification and clearance before entry into its premises, the operator shall make necessary arrangements so that upon presentation of suitable identification, the regulatory authority will be permitted to enter without delay for the purposes of inspecting the premises or the operation of the facility. (4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected shall be promptly removed by the operator at the written or verbal request of the regulatory authority and shall not be replaced. The costs of clearing such access shall be borne by the permit holder. (5) Unreasonable delays in allowing the regulatory authority access to the operator's premises shall be a violation of this ordinance. (a) Refusal of entry Refusal of entry of the regulatory authority shall constitute grounds for suspension or revocation of a permit to operate under this Article. DIVISION 5: - ENFORCEMENT Sec. 18 -41 Suspension and revocation. (a) Powers of the regulatory authority: (1) The regulatory authority shall have the authority to regularly inspect or visit all child care and before and after - school programs embraced within the provisions of this article, whether permitted or unpermitted, at any and all times necessary to ascertain if child care or before and after - school program operations are being conducted in conformity with this article or if any conditions exist therein which require correction. (2) The regulatory authority shall have the authority to give written notice, on the premises, to the operators of permitted or unpermitted child care centers and before and after - school program programs, pertaining to violation of and/or requirement to comply with the provisions of this article. (3) If unpermitted child care centers or before and after - school programs are found in operation, the regulatory authority shall have the authority to give written notice to the operator of said facility to cease child caring immediately. (b) Authority to suspend permit—Written notice required (1) The regulatory authority shall have the authority after giving written notice to suspend any permit if it is determined that violations of immediate danger regarding construction of facility or on- premises buildings; toilet centers, sanitation; food preparation; storage and handling of chemicals or any harmful solution; lack of proper supervision; child neglect; staff /caregivers criminal history; potential for injury or death; infectious diseases; hazards with outdoor play areas; vehicles used to transport children; failure to pay required fees; and failure to comply with all fire, zoning, building, and health codes, at the child care or before and after - school program care facility. (2) The regulatory authority, in writing delivered to the address of the permit holder or by certified or registered mail, shall call to the attention of the permit holder the particulars and areas in which he /she or the child care or before and after - school program failed to comply with the provisions of this article, and shall specify a reasonable time, not to exceed thirty (30) days, for the permit holder to remedy said failure. (3) If the permit holder fails to comply with the provisions of this article within the time specified, said director shall give notice in writing to the operator, permit holder, manager, or other person(s) in control of said child care or before and after - school program that the permit issued for the operation of said child care or before and after - school program is revoked. (4) Suspension of the permit shall require the operator to cease all activities immediately and to bring the child care or before and after - school program facility into compliance with directives from the regulatory authority within a prescribed time period. Failure to rectify designated problems at the child care or before and after - school program facility shall lead to revocation of the permit. (c) Authority to revoke permit—Written notice required The regulatory authority may revoke a permit if the regulatory authority has reasonable cause to believe that: (1) Entry of the regulatory authority into a permitted facility has been denied or delayed. (2) A statement of fact contained in the application was false or materially misleading; (3) The permit holder has fails to comply with the requirements of (b)(2) hereof; (4) The permit holder has caused, suffered or permitted the commission of an aggravated violation of any provision of this article; or (5) The permit holder, the director, or a person in charge employed by the permit holder has repeatedly failed to comply with any provision of this article. The regulatory authority shall provide notice of the revocation by personal service or by certified or registered mail, sent to the address provided on the permit holder's application. (d) Appeal — Notice required (1) The notice of revocation or denial of a permit shall become a final revocation after the expiration of ten (10) days from the date of service upon the permit holder, operator, manager, or other person in charge of the child care or before and after - school program facility in question, unless on or before the expiration of ten (10) calendar days the permit holder shall file with the regulatory authority a written appeal signed by such permit holder addressed to the city manager setting out the basis for such appeal and in which it is requested that the city manager grant a hearing upon the questions of whether or not the permit shall be revoked. (2) Such appeal, if made and filed as prescribed in this section, shall not create any right to continue operation unless granted by the city manager until such hearing and adjudication. (3) The hearing shall be held after the date of filing of such appeal. The action and judgment of the city manager, after hearing all the evidence and facts, shall determine whether such revocation shall be final and shall notify the permit holder in writing by mail or by delivery to the permit holder of such determination. (4) The action of the city manager may be appealed to a district court if suit is filed within twenty days after the notice to the permit holder is delivered or mailed. Such appeal shall be based on a substantial evidence review. (d) Reissuance of revoked permit A permit that has been revoked shall not be reissued. Sec. 18-42 Search warrant. If the regulatory authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or to protect the overall public health, safety and welfare of the community, then the regulatory authority may seek issuance of a search warrant from the appropriate court. Sec. 18 -43 Penalty for violations, other remedies. (a) Any person, firm, or corporation who violates any provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in the Code of Ordinances of the City of North Richland Hills, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation. (b) Any person, firm, or corporation who obstructs, impedes, or interferes with a representative of the city, with a representative of a city department, or with surveillance or video or audio recording equipment utilized by the regulatory authority is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in the Code of Ordinances of the City of North Richland Hills, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation. (c) In addition to proceeding under authority of subsections (a) and (b) of this section, the city is entitled to pursue all criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article." Section 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 3: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred dollars ($500.00). Each day and any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of August, 2011. la F -AW U Patricia Hutson, City Secretary @] m►'183 ;4d :1111110[a] :IWil'I all :lIII'? Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -8 -2011 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented lay: Council Meeting Date: 8 -8 -2011 Agenda No. H.0 Subject INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -8 -2011 Presented by: Councilman Tom Lombard Agenda No. H.1 Subject: Announcements — Councilman Lombard Announcements The Parks & Recreation Department invites amateur and professional photographers to enter its 2011 photography contest. Entries will be accepted August 26th through September 2nd and the winners will be announced on September 8th. More information is available on the city's website or by calling 817 -427 -6620. The NRH Fire Department is accepting applications for the next Citizens Fire Academy. The academy will be held from 7 p.m. to 10 p.m. on Thursdays, starting September 8th and continuing through November 3rd. To sign up or get more information, visit the city's website or call 817- 427 -6900. To help in the fight against Heart Disease, the City of North Richland Hills invites everyone to participate in the 2011 Tarrant County Heart Walk benefiting the American Heart Association. The Heart Walk will be held on Saturday, September 10th at the Fort Worth Stockyards. To register or get more information, visit www.tarrantcountvheartwalk.ora. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Kyle Spooner & Staff, Information Services Department - A city employee emailed her thanks and appreciation to the Information Services Department for working so hard to keep the city computer network up and running. She is impressed with how quickly they resolve problems and their willingness to check into even the most difficult requests. She stated, "I appreciate their help and without their support, I would not be able to do my job efficiently." CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -8 -2011 Agenda No. H.2 Subject: Adjournment