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HomeMy WebLinkAboutCC 2011-08-22 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 22, 2011 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Discussion of the Governmental Accounting Standards requirement to adopt a Fund Balance Policy (15 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) 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 compliancR with Chapter 551, Texas Government Code on August 19, 2011 at a.m. $Sist& 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 22, 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 22, 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 Pro Tern Barth A.1 Invocation — Councilman Turnage A.2 Pledge — Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Informational report on the implementation of the city's Drought Contingency and Emergency Water Management Plan 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. City Council Agenda —August 22, 2011 Page 2 of 4 B.1 GN 2011 -062 Amend the Interlocal Agreement with the cities of Bedford, Euless, Grapevine, Hurst, Haltom City, Keller and North Richland Hills for the Northeast Transportation Services Urban Transit District — Resolution No. 2011 -027 B.2 PW 2011 -013 Award a Professional Services Agreement in the Amount of $53,460 to Pacheco Koch Consulting Engineers, Inc. for the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Project (ST1002) B.3 PU 2011 -031 Award RFP 11 -030 for Supervisory Control and Data Acquisition Microsystems SCADA PAK Upgrade to WHECO Electric, Inc. in the amount of $279,900.00 B.4 GN 2011 -069 Authorize the City Manager to Execute a Contract for the Sale of Real Property at 4027 Rufe Snow B.5 GN 2011 -068 Adoption and Implementation of Governmental Accounting Standards Board Statement No. 54 and approval of Resolution that details the City of North Richland Hills Fund Balance Policy — Resolution No. 2011 -028 C.0 PUBLIC HEARINGS C.1 GN 2011 -063 Conduct a Public Hearing on the 2010 -2011 Revised Budget and 2011- 2012 Proposed Budget C.2 GN 2011 -064 Conduct a Public Hearing on the 2011 -2012 Proposed Tax Rate C.3 SUP 2011 -04 Public Hearing and Consideration of a Request from Allen Samuels Auto Group for a Special Use Permit for pre -Owned Auto Sales located at 7900 NE Loop 820 — Ordinance No. 3123 D.0 PLANNING AND 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 -065 Approve Settlement of Atmos Energy Mid -Tex RRM Filing — Ordinance No. 3154 F.2 GN 2011 -066 Amend Chapter 78 of the North Richland Code of Ordinances and Appendix A modifying utility rates and certain other changes - Ordinance No. 3155 F.3 GN 2011 -067 Amending Section 34 -131 pertaining to "Junk Vehicles" — Ordinance No. 3156 City Council Agenda —August 22, 2011 Page 3 of 4 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 Welch H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 19, 2011 at a.m. is ant 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 22, 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 22, 2011 6:04 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Discussion of the Governmental Accounting Standards requirement to adopt a Fund Balance Policy (15 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) 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 19, 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 817427 -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 22, 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 Pro Tern Barth A.1 Invocation — Councilman Turnage A.2 Pledge — Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Informational report on the implementation of the city's Drought Contingency and Emergency Water Management Plan 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 GN 2011 -062 Amend the Interlocal Agreement with the cities of Bedford, Euless, Grapevine, Hurst, Haltom City, 'Keller and North Richland Hills for the Northeast Transportation Services Urban Transit District — Resolution No. 2011 -027 B.2 PW 2011 -013 Award a Professional Services Agreement in the Amount of $53,460 to Pacheco Koch Consulting Engineers, Inc. for the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Project (ST1002) B.3 PU 2011 -031 Award RFP 11 -030 for Supervisory Control and Data Acquisition Microsystems SCADA PAK Upgrade to WHECO Electric, Inc. in the amount of $279,900.00 B.4 GN 2011 -069 Authorize the City Manager to Execute a Contract for the Sale of Real Property at 4027 Rufe Snow B.5 GN 2011 -068 Adoption and Implementation of Governmental Accounting Standards Board Statement No. 54 and approval of Resolution that details the City of North Richland Hills Fund Balance Policy — Resolution No. 2011 -028 C.0 PUBLIC HEARINGS C.1 GN 2011 -063 Conduct a Public Hearing on the 2010 -2011 Revised Budget and 2011- 2012 Proposed Budget C.2 GN 2011 -064 Conduct a Public Hearing on the 2011 -2012 Proposed Tax Rate C.3 SUP 2011 -04 Public Hearing and Consideration of a Request from Allen Samuels Auto Group for a Special Use Permit for pre -Owned Auto Sales located at 7900 NE Loop 820 — Ordinance No. 3123 D.0 PLANNING AND 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 -065 Approve Settlement of Atmos Energy Mid -Tex RRM Filing — Ordinance No. 3154 F.2 GN 2011 -066 Amend Chapter 78 of the North Richland Code of Ordinances and Appendix A modifying utility rates and certain other changes - Ordinance No. 3155 F.3 GN 2011 -067 Amending Section 34 -131 pertaining to "Junk Vehicles" — Ordinance No. 3156 ll]II1111110 0, G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements — Councilman Welch H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 19, 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 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 22, 2011 6:00 P.M. A.1 Discuss Items from Regular Citv Council Meeting A.2 Discussion of the Governmental Accountinq Standards requirement to adopt a Fund Balance Policv (15 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 regardinq Pendinq Litiqation — 1) State of Texas v. Citv of North Richland Hills (No. 2001 - 002840 -1): and 2) State of Texas v. Citv of North Richland Hills (No. 2011- 000462 -1) C.0 Adiournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -22 -2011 Presented lay: Agenda No. A.1 Subject Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8 -22 -2011 Presented by: Laury Fiorello / Larry Koonce Agenda No. A.2 Subject: Discussion of the Governmental Accounting Standards requirement to adopt a Fund Balance Policy (15 Minutes) Summarv: Staff will present the accounting standards requirements changes and what encompasses the adoption of a "Fund Balance Policy' as required by the Governmental Accounting Standards Board ("GASB ") General Description: In February, 2009, the GASB issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This standard is effective with the City's current fiscal year. This new standard does not change the total amount of fund balance nor does it change the business practices of the City, but it changes how we are to describe and categorize the fund balance for General Fund and Special Revenue Funds such as Gas Development Fund, Promotional Fund, Special Investigation Fund, etc in the annual Comprehensive Annual Financial Report ( "CAFR "). The new fund balance categories will display available balances that are either restricted by outside sources (i.e. state statues, federal regulations, referendums, etc), committed by the City Council, designated by City Management, unassigned fund balance, or balances that are unavailable for future use such as inventories and prepaid expense balances. This presentation is being given to provide information to the City Council on the new reporting standard, and to formally introduce the new "Fund Balance Policy" that will be on the regular Council agenda for approval. The "Fund Balance Reporting Policy" will address: • Fund Balance Components Definitions • Assign the City Manager the authority to assign unrestricted fund balance amounts • Set the Minimum Fund Balance that the General Fund should maintain that is defined as "unassigned fund balance" • To have Council "Commit" special revenues to specific purposes and to designate "Special Revenue Funds" EXHIBIT A CITY OF NORTH RICHLAND HILLS, TEXAS FUND BALANCE POLICY In accordance with GASB Statement No. 54 Purpose. The following policy has been adopted by the City Council in order to address the implications of Governmental Accounting Standards Board ( "GASB ") Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions. The policy is created in consideration of unanticipated events that could adversely affect the financial condition of the City and jeopardize the continuation of necessary public services. This policy will ensure that the City maintains adequate fund balances and reserves in order to: • Provide sufficient cash flow for daily financial needs, • Secure and maintain investment grade bond ratings, • Offset significant economic downturns or revenue shortfalls, and • Provide funds for unforeseen expenditures related to emergencies. This policy and the procedures promulgated under it supersede all previous regulations regarding the City's fund balance and reserve policies. Fund Balance Components. Fund balance is essentially the difference between assets and liabilities reported in a governmental fund. There are generally limitations on the purpose for which all or a portion of the resources of a governmental fund may be used. The force behind these limitations can vary significantly, depending upon their sources. Consequently, the fund balance reported in the annual financial statements is categorized into five components whereby each component identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the fund can be spent. The five components of fund balance are as follows: • Nonspendable: Resources that are 1) not in spendable form, such as inventories, prepaids, long -term receivables, or non - financial assets held for resale, or 2) required to be maintained intact such as an endowment. • Restricted: Resources that are subject to externally enforceable legal restrictions; these restrictions would be either 1) externally imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments or 2) imposed by law through constitutional provisions or enabling legislation. • Committed: Resources that are constrained to specific purposes by a formal action of the City Council such as an ordinance or resolution. The constraints remain binding unless removed in the same formal manner by the City Council. Council action to commit fund balance must occur within the fiscal reporting period, while the amount committed may be determined subsequentially. • Assigned: Resources that are constrained by the City's intent to be used for specific purposes, but that are neither restricted nor committed. • Unassigned: Within the General Fund, unassigned fund balance will be the residual resources, either positive or negative, in excess of what can be properly classified in one of the other fund balance categories. Within all other governmental funds unassigned fund balance will be the negative residual resources in excess of what can be properly classified as nonspendable, restricted, or committed. Operational Guidelines. The following guidelines address the classification and use of fund balance in governmental funds: • Prioritization of Fund Balance use — In circumstances where an expenditure is to be made for a purpose for which amounts are available in multiple fund balance classifications, the order in which resources will be expended is as follows: restricted fund balance, followed by committed fund balance, assigned fund balance, and lastly, unassigned fund balance. • General Fund Minimum Fund Balance Reauirement — At the end of each fiscal year, the General Fund should maintain a minimum unassigned fund balance that is no less than 15% of the subsequent year's General Fund Appropriated Expenditure budget. This target amount has been established in order to provide a reasonable level of assurance that the City's day -to -day operations will be able to continue even if circumstances occur where revenues are insufficient to cover expenditures. The General Fund's minimum fund balance policy is reported in the Comprehensive Annual Financial Report (CAFR). Special Revenue Activities — Committed by Council - The City Council approves by adopting this policy that specific revenue sources listed below are restricted to specific expenditure usage. The table below describes sources of revenue and specific expenditures in which these revenue resources can be used toward and appropriated annually through the budget process. The Fund Balances for these special revenue sources shall be reported as a special revenue fund. Fund Name Donations Drainage Utility Gas Development Revenue Source Donations / Contributions Drainage Utility Fees Mineral Rights Leases, Bonuses, Right of Way Fees Expenditure Restriction Donators/Contributors' Objectives and other restrictions within Resolution #2002 -004 Debt Repayment and Direct Outflows for Drainage Infrastructure Acquisition and Upkeep (Ordinance #1727) Resolution #2006 -052 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -22 -2011 Presented lay: 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 -22 -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 Presented by: Council Meeting Date: 8 -22 -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 75180 Monday, August 22, 2011 7:00 P.M. A.0 Calf to Order - Mavor Pro Tern Barth A.1 Invocation - Councilman Turnaqe A.2 Pledae - Councilman Turnanae A.3 Special! Presentation(s) and Recognitions) — Informational report on the implementation of the citv's Drouaht Continaencv and Emeraencv Water Manaaement Plan AA 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 fisted 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 GN 2011 -052 Amend the Interlocal Aareement with the cities of Bedford, Euless, Grapevine, Hurst, Haltom Citv, Keller and North Richland Hills for the Northeast Transportation Services Urban Transit District — Resolution No. 2011 -027 B.2 PW 2011 -013 Award a Professional Services Aareement in the Amount of $53,450 to Pacheco Koch Consulting Engineers, Inc. for the Tabor Street Improvements Proiect (Rufe Snow Drive to Steven Street) Proiect (ST 1002) B.3 PU 2011 -031 Award RFP 11 -030 for Supervisory Control and Data Acquisition Microsystems SCADA PAK Upgrade to WHECO Electric, Inc. in the amount of $270.900.00 B.4 GN 2011 -059 Authorize the Citv Manaaer to Execute a Contract for the Sale of Real Propertv at 4027 Rufe Snow B.5 GN 2011 -068 Adoption and Implementation of Governmental Accountina Standards Board Statement No. 54 and approval of Resolution that details the Citv of North Richland Hills Fund Balance Policv— Resolution No. 2011 -028 C49tM1lJ:11[yC1 :0100 C.1 GN 2011 -053 Conduct a Public Hearina on the 2010 -2011 Revised Budaet and 2011 -2012 Proposed Budget C.2 GN 2011 -054 Conduct a Public Hearina on the 2011 -2012 Proposed Tax Rate C.3 SUP 2011 -04 Public Hearinq and Consideration of a Request from Allen Samuels Auto Group for a Special Use Permit for Pre -Owned Auto Sales located at 7900 NE 'Loop 820 — Ordinance No. 3123 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.0 PUBLIC WORKS No items for this category. wl =e321►1: I:7,:1019 :I LTA 6- F.1 GN 2011 -055 Approve Settlement of Atmos Enerav Mid -Tex RRM Filina — Ordinance No. 3154 F.2 GN 2011 -066 Amend Chapter 78 of the North Richland Code of Ordinances and Appendix A modifvina utilitv rates and certain other Chanaes — Ordinance No. 3155 F.3 GN 2011 -067 Amendina Section 34 -131 pertainina to "Junk Vehicles" — Ordinance No. 3156 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Welch H.2 Adiournment 140WLoJi !NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -22 -2011 Presented by: Mayor Pro Tern Tim Barth Agenda No. A.0 Subject Call to Order - Mayor Pro Tern (Barth 140WLoJi !NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -22 -2011 Presented by: Councilman Scott Turnage Agenda No. A.1 Subject Invocation — Councilman Turnage 140WLoJi !NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -22 -2011 Presented by: Councilman Scott Turnage Agenda No. A.2 Subject Pledge - Councilman Turnage CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 8 -22 -2011 Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Informational report on the implementation of the city's Drought Contingency and Emergency Water Management Plan Summarv: With Texas experiencing the worst drought in more than half a century, the City of (North Richland Hills and other Tarrant County communities will soon be implementing Stage 1 of the Drought Contingency and Emergency Water Management Plan. Assistant City Manager Karen Bostic will brief the City Council about this process during the August 22 Meeting. Description: The Tarrant Regional Water District (TRWD) supplies raw water to the City of Fort Worth, Trinity River Authority (TRA) and more than 30 other wholesale customers. The TRWD covers an 11 county area reaching from Wise County through Navarro County to the south. The water supplied by TRWD comes from several sources including Lake Bridgeport, Cedar Creek Reservoir, Eagle Mountain Lake and Richland - Chambers Reservoir. Fort Worth and TRA treat the raw water to make it "potable" meaning that it is fit to drink. The City of North Richland Hills purchases its drinking water from the City of Fort Worth and the TRA. As such, the city's drought contingency plan must follow the same triggering conditions, stages and responses to drought or emergency water conditions as Fort Worth and TRA. There are three stages included in the city's adopted Drought Contingency and Emergency Water Management Plan. Each stage is initiated based on set criteria, one of which is the average water levels in the reservoirs that supply the raw water. When the water levels drop below 75% of capacity, Stage 1 of the plan is initiated. The goal of Stage 1 is a water use reduction of 5 %. Stage 2 is initiated when the lake levels drop below 60% of capacity. The goal of Stage 2 is a water use reduction of 10 %. Stage 3 is initiated when the lake levels drop below 45% of capacity. The goal of Stage 3 is a water use reduction of 20 %. The continued drought and high temperatures have affected water levels significantly. As of August 11, the average lake levels were at 77%. The lake levels have been dropping about 1% per week. Unless we receive significant rain very soon, it is anticipated that Stage 1 of the water restrictions will go into effect by the first full week of September. According to the National Oceanic and Atmospheric Administration (NOAA), it would take 15 inches of rain to get us back to average for annual rainfall for the year. On Monday night, Karen Bostic will make a presentation reviewing the water restrictions associated with Stage 1 of the Drought Contingency and Emergency Water Management Plan. She will also outline the city's public education and enforcement plans. Recommendation: This is an informational report. No action is needed by the City Council. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -22 -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 -22 -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 -22 -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: Public Works Presented by: Kristin Weegar Council Meeting Date: 8 -22 -2011 Agenda No. B.1 Subject: GN 2011 -052 Amend the Interlocal Agreement with the cities of Bedford, Euless, Grapevine, Hurst, Haltom City, Keller and North Richland Hills for the Northeast Transportation Services Urban Transit District — Resolution No. 2011 -027 Summarv: Council is being asked to amend the Interlocal Agreement with the cities of Bedford, Euless, Grapevine, Hurst, Haltom City, Keller and North Richland Hills for the Northeast Transportation Services Urban Transit District (NETS). By restructuring the responsibilities of the member cities and The Fort Worth Transportation Authority (The T), the changes to the Interlocal Agreement will allow for a more streamlined approach to managing both grants and operations. The amendments strengthen NETS' transit service planning and operations oversight to increase productivity and enhance cost - effectiveness where feasible. General Descrirstion: The following outlines the current NETS structure: The NETS Urban Transit District provides public transportation services for people who are elderly and people with disabilities in the seven cities in Tarrant County that comprise the district: Grapevine, North Richland Hills, Hurst, Euless, Bedford, Keller and Haltom City. The Board of Directors of the NETS Urban Transit District is comprised of the city managers of each of the member cities. Funds for NETS operations and vehicles are provided from Federal Transit Administration (FTA) Section 5307 funds apportioned to the Dallas -Fort Worth - Arlington urbanized area and allocated by the North Central Texas Council of Governments (NCTCOG) acting as the Metropolitan Planning Organization (MPO). Specific provisions of federal authorization permit NETS to use Section 5307 funds for operating expenses in addition to capital requirements. NETS also receives funds from the State of Texas public transportation program, allocated according to the Texas transit funding formula by the Texas Department of Transportation (TxDGT), Public Transportation Division. Local share funds are provided from fares, general revenues of each of the member cities, and limited financial support from Tarrant County. Because there is not a full or part-time staff member dedicated to NETS, cities have had to take on the responsibilities of serving as both grant recipients and administrators. On behalf of NETS, the City of Grapevine is the current direct grant recipient for Section 5307 funds; the Fort Worth Transportation Authority is the designated recipient. The City of North Richland Hills serves as the recipient of state funds on behalf of the NETS urban transit district. Federal and state funds are used to support operating expenses and capital purchases for transit vehicles. The City of Hurst provides other administrative support for the NETS Board. These cities are not reimbursed for any expenses incurred by taking on these responsibilities. NETS currently has an interlocal agreement with The T to provide transit services. The T contracts with a non- profit agency, American Red Cross, to operate demand responsive service and maintain NETS transit vehicles. The NETS Board sets the budget that in turn defines the amount of service that is provided, and the NETS Board sets the fare policy and establishes passenger eligibility requirements. NETS relies on the T for oversight of operations. The T and American Red Cross report monthly operating and performance statistics to the NETS Board. The following outlines the proposed changes to NETS structure: The NETS Board has determined that the current decentralized approach to grants management will not serve the best interests of the district in the future. There is an increasing duplication of efforts by the City of North Richland Hills and the City of Grapevine. During a recent Triennial Review, the Federal Transit Administration identified areas where grants management by the City of Grapevine on behalf of NETS should be strengthened. The NETS Board is also interested in strengthening transit service planning and operations oversight to increase NETS productivity and enhance cost - effectiveness where feasible. In order to accomplish these goals NETS is revising its current interlocal agreement between the seven participating cities in order to expand the current scope of The T by giving them the following responsibilities as stated in the Interlocal Agreement: "The Fort Worth Transportation Authority shall be designated as the direct grant recipient authorized to be the liaison with all contractors and Federal and State regulatory agencies for all grants and contracts related to (Federal and State funding on behalf of the Northeast Transportation Services Urban Transit District. The President/CEO of the Fort Worth Transportation Authority, or designee, is authorized to execute all Federal and State grants and contracts related to Federal and State Funding on behalf of the Northeast Transportation Services Urban Transit District. The NETSUTD Board must authorize all contracts and grants on behalf of the Northeast Transportation Services Urban Transit District." The NETS Board will continue to be authorized to oversee the operation and management of the provision of transportation services within the NETSUTD. Recommendation: Amend the Interlocal Agreement with the cities of Bedford, Euless, Grapevine, Hurst, Haltom City, Keller and North Richland Hills for the Northeast Transportation Services Urban Transit District (NETS). INTERL ©CAL AGREEMENT This Interlocal Agreement (the "Agreement ") is made between the local governments of Bedford, Euless, Grapevine, Haltom City, Hurst, Keller, and North Richland Hills (the "local governments ") that jointly comprise an urban transit district (UTD) to operate a public transportation system within this UTD named the Northeast Transportation Services Urban Transit District ( "'NETSUTD "). Ia :14il►'JI:11= WHEREAS, the local governments agreed to create an urban transit district ( "UTD ") under Chapters 458 and 456 of the Texas Transportation Code called the Northeast Transportation Services Urban Transit District ( "NETSUTD "); and WHEREAS, federal and state urbanized public transportation funds may be used to provide transportation services within the described area; and WHEREAS, the NETSUTD boundaries shall be within, but not wholly inclusive of, the Northeast Tarrant County area and may be changed in the future through growth of the area or withdrawal of a local government entity from this Agreement, and WHEREAS, the NETSUTD is a political subdivision district under the laws of the State of Texas as defined by Chapters 458 and 456 of the Texas Transportation Code and Chapter 791 of the Texas Government Code; and WHEREAS, the Agreement is made under the authority of the Interlocal Cooperation Act of 1971, as amended and codified in Chapter 791 of the Texas Government Code; and WHEREAS, the governing bodies of the local governments have authorized their undersigned representatives to enter into this Agreement; THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, it is agreed that: SECTION I. Purpose The purpose of this Agreement is to provide for an on demand transportation service for the elderly and disabled to be operated within the Northeast Tarrant County area as recognized by the local governments, TxDOT, and the Governor of the State of Texas. SECTION IL Creation of an Urban Transit district 1. Northeast Transportation Services Urban Transportation District is hereby created as an urban transit district, and the geographical area to be served by the NETSUTD shall be within, but not wholly inclusive of, the northeast portion of Tarrant County including the corporate city limits of each participating local government, or as the area may be changed in the future by approval of the local governments. 2. NETSUTD shall supervise the performance of this Agreement and operate an on demand transportation service for the elderly and disabled within the UTD. 1. The NETSUTD shall be exclusively governed by a board of directors (the "Board "). The City Council of each participating local government shall appoint one member to the Board which may be the City Manager, a member of City staff, or a member of the City Council. The Board shall be authorized to oversee the operation and management of the provision of transportation services within the NETSUTD. 2. The Fort Worth Transportation Authority (the "Authority ") shall be designated as the direct grant recipient authorized to be the liaison with all contractors and Federal and State regulatory agencies for all grants and contracts related to Federal and State funding on behalf of the Northeast Transportation Services Urban Transit District. The President/CEO of the Fort Worth Transportation Authority, or designee, is authorized to execute all Federal and State grants and contracts related to Federal and State Funding on behalf of the Northeast Transportation Services Urban Transit District. The NETSUTD Board must authorize all contracts and grants on behalf of the Northeast Transportation Services Urban Transit District. SECTION IV. Rights and Duties 1. Management and Operation of the System a. The Board shall select an Independent Contractor ( "Contractor") to manage and operate an on demand transportation service for the elderly and disabled which includes all properties, equipment, facilities, routes, and services now or hereafter existing for such purposes. b. The Board shall establish operational and performance standards for the transportation service including but not limited to usage, on -time pick up, mileage, and priorities of service. c. The Contractor shall submit quarterly operational and performance standard reports to the Board. d. The Contractor shall employ, furnish, and supervise employees necessary for the operation of this system. e. The Contractor shall assume the active direction of the system including transportation, maintenance, schedule preparation, accounting, purchasing and contracting, public relations, and human resources. f. The use of public streets within the geographical area of the local governments shall be subject to the control of the local governments and such local governments may require the Contractor to comply with city ordinances. g. Contractor shall submit a NETSUTD budget for approval by the local governments on an annual basis in the same form and manner as required for City Departments. The budget shall include a general budget for cost to be allocated between the participating local governments. h. Contractor shall maintain complete and accurate financial records of each expenditure. An audit of the funds and activities under this contract shall be made annually. The auditors performing the above described audit shall have access to and the right to examine all records and accounts and such other Contractor records and accounts as may be reasonably necessary to conduct and complete the audit. i. The Contractor shall comply with all applicable laws, regulations, ordinances, rules, guidelines, and requirements of the United States and the State of Texas and the local governments within which it provides on demand transportation service. 2. Routes, Schedules, and Fares a. The Contractor shall manage, supervise, and operate the on demand transportation service in an efficient and economical manner. Contractor may operate on demand transportation service directly or by subcontract. b. The service shall be operated on the schedule and with fares approved by the Board. 3. NETSUTD to Seek Grants a. The local governments designate the Authority to pursue and apply for appropriate grant funding to support the NETSUTD transit system. The Authority may designate one or more persons to be solely responsible for executing grant agreements and receiving and managing grant funds. b. On behalf of the NETSUTD, the Authority shall be responsible for complying with the obligations and responsibilities under all grants and all accompanying certifications, assurances, and agreements made or given by the Federal Transit Administration, or the Texas Department of Transportation or other entity. 4. Contributions to the NETSUTD a. The local governments shall provide contributions to the NETSUTD to provide local funds to match Federal and State grants and as required for the approved NETSUTD annual budget (Section IV, Article 1.g.). In addition, the cities may provide other contributions, in funds or in- kind, to the NETSUTD for the enhancement of the system. b. If any funds or in -kind contributions are provided by a local government, said funds or in -kind contributions may be specified by the local government to be used solely to enhance and support the transportation services in the contributing local government geographical area. NETSUTD shall maintain accounting records that will track how the funds are used to support the public transportation service in the contributing local government geographical area. The local governments shall have the right to inspect the financial records of the NETSUTD during regular business hours to assure compliance with this Agreement. c. It is understood that any local share contribution shall constitute a current expense of the local government during the year in which the contribution is made and shall not be considered or construed as a debt of the local governments in contravention of a constitutional, statutory, or charter provision. 5. Contracting with the NETSUTD NETSUTD may contract with local governments for the provision of support services such as fueling stations. The local governments may contract with the NETSUTD for services which the NETSUTD cannot provide through normal funding sources. The local governments may contract with 'NETSUTD for special services such as special event shuttle services that are not included in the day -to -day operations of the public transportation services and permissible according to Federal and State regulation. Each local government paying for such special services shall make these payments from current funds and the local governments hereby affirm that funds to pay such payments to the NETSUTD are available for the current fiscal year. NETSUTD's provision of any special contractual services shall not interfere with or reduce the quality of service being provided by the public transportation system within the NETSUTD. 6. Specific Powers a. The NETSUTD shall have the powers of the UTD to operate the system including, but not limited to, the power to contract, to acquire and own real and personal property, and to accept and expend grant funds from governments, legal entities and individuals. b. The NETSUTD shall not have the power to tax, to obligate local governments, to assess local governments, or to adopt ordinances, laws, or regulations. c. The NETSUTD shall have the power to enter into agreements that exceed one year only with prior approval of all participating local governments. 7. Legal Liability a. The NETSUTD shall be a government unit performing as an institution of the local governments and as authorized by Chapters 458 and 456 of the Transportation Code, and shall have the immunities and liabilities as provided under the Texas Civil Practices and Remedies Code. b. The Contractor selected by the NETSUTD shall, to the extent permitted by law and the Texas Constitution, indemnify NETSUTD and the local governments and hold them harmless from any claims, causes of action, damages, attorney fees, costs, suits, or liability. The Contractor shall obtain and maintain insurance, naming NETSUTD and the cities of Bedford, Euless, Grapevine, Haltom City, Hurst, Keller, and North Richland Hills as additional insureds, in an amount sufficient to cover the maximum joint and several liability (if any) of all parties under the Texas Tort Claims Act (as amended) for all claims, suits, causes of action, damages, attorney fees, and costs, arising out of or related to acts or omissions in the maintenance or operations for the provision of transportation services. The Contractor shall obtain and maintain Workers' compensation insurance in an amount sufficient to cover the statutory requirements. The Contractor shall provide certificates of insurance to parties upon request. 8. Interruption of Service The NETSUTD shall not be liable to the local governments for any failure, delay, or interruption of service or for any failure or delay in the performance of any duties and obligations under this Agreement or similar acts beyond the control of the NETSUTD. 9. Captions and Severability a. The descriptive captions of this Agreement are for informational purposes only and shall not limit nor affect the terms and conditions of the paragraphs. b. The sections, paragraphs, sentences, clauses, and phrases of this Agreement are severable, and if any designated portion is declared invalid, such invalidity shall not affect any remaining portions of this Agreement. SECTION V. Dissolution and Amendment 1. Any local government may withdraw from this Agreement for the coming fiscal year upon written notice to the NETSUTD on or prior to July 1 of each year. Should a local government withdraw from this Agreement, the boundaries of the NETSUTD service area shall be revised the first day of the fiscal year (October 1) to exclude the corporate city limits of that local government. When a local government withdraws from this Agreement, the local government will forfeit its share of net assets and capital equipment acquired by NETSUTD with funds or matching funds provided through 49 United States Code, Section 5307 during the time in which the local government was a party to this Agreement. 2. The UTD, as a government unit, may be dissolved by withdrawal of all local governments. Upon dissolution, the net assets of the UTD shall be disposed in accordance with the agreement of the cities and laws of the State of Texas and the United States. 3. This Agreement amends and replaces in their entirety any prior Agreement among the local governments regarding the NETSUTD. 4. This Agreement may be amended by the approval of the City Councils of each participating local government. SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this day of 2011. 116I9Y:11Kr161 11 &-3 M k V41912 :1411 MOM 11 rice] ;KC] :;F-1W » ►l l i l:l By: By: Jim Story, Mayor William D. Tate, Mayor CITY OF EULESS CITY OF HURST By: By: Mary Lib Saleh, Mayor Richard Ward, Mayor CITY OF HALTOM CITY CITY OF NORTH RICHLAND HILLS By: By: Richard Hutchison, Mayor Oscar Trevino, Mayor Is] 11 Was] A N 4114 4 V By: Pat McGrail, Mayor RESOLUTION NO. 2011-027 A RESOLUTION AMENDING THE INTERLOCAL AGREEMENT WITH THE CITIES OF BEDFORD, EULESS, GRAPEVINE, HURST, HALTOM CITY, KELLER AND NORTH RICHLAND HILLS FOR THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the Cities of Bedford, Euless, Grapevine, Haltom City, Hurst, Keller and North Richland Hills have entered into an interlocal agreement to establish the Northeast Transportation Services Urban Transit District under Chapter 458 of the Texas Transportation Code; and WHEREAS, the intent of this agreement is to provide for an on demand transportation service for elderly and disabled in the Northeast Tarrant County area; and WHEREAS, a provision of this agreement designates this City of North Richland Hils as the co -lead agency and recipient of State funds for the Northeast Transportation Services Urban Transit District; and WHEREAS, the City of North Richland Hills desires to transfer responsibility as the co- lead agency and recipient of State funds to another responsible agency; and WHEREAS, the Fort Worth Transportation Authority agrees to serve as the direct grant recipient for Federal and Stated funding for the Northeast Transportation Services Urban Transit District; and WHEREAS, an amendment to the Interlocal Agreement will authorize the Fort Worth Transportation Authority as the direct grant recipient and liaison for Federal and State grant contracts related to Federal and State funding for the Northeast Transportation Services Urban Transit District; and WHEREAS, an amended Interlocal Agreement will provide for the contribution of local funds to match Federal and State grants; and WHEREAS, the City Council of North Richland Hills, Texas deems it is in the best interest of its citizens to amend the existing agreement as attached hereto as the Amendment to the Interlocal Agreement. WHEREAS, the City of North Richland Hills City Council fnds that the agreement serves a beneficial public purpose; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That the City 'Manager is hereby authorized to execute, on behalf of the City, an Amendment to the Interlocal Agreement with the Cities of Bedford, Euless, Grapevine, Haltom City, Hurst, Keller and North Richland Hills for the Northeast Transportation Services Urban Transit District to designate the Fort Worth Transportation Authority as the direct grant recipient for Federal and State funding on behalf of the Northeast Transportation Services Urban Transit District and to authorize local funds to match Federal and State grants and as required for the approved NETSUTD annual budget, Section 2. The Fort Worth Transportation Authority shall be designated as the direct grant recipient authorized to be the liaison with all contractors and Federal and State regulatory agencies for all grants and contracts related to Federal and State funding on behalf of the Northeast Transportation Services Urban Transit District. The President/CEO of the (Fort Worth Transportation Authority, or designee, is authorized to execute all Federal and State grants and contracts related to Federal and State Funding on behalf of the Northeast Transportation Services Urban Transit District. The NETSUTD Board must authorize all contracts and grants on behalf of the Northeast Transportation Services Urban Transit District. Section 3. The City Manager is authorized to request and secure approval of responsible agencies to transfer all State grants and grant funded property for the Northeast Transportation Services Urban Transit District to the Fort Worth Transportation Authority; and Section 4. That this resolution shall be in effect at the time of the adoption. 1,1► I IIII lk►1 =l lj PASSED AND APPROVED this 22nd day of August, 2011. {CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary 1�1 �:;191 11911 to] N 1151,1:1III I x0_1 I k Wil George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Greg VanNieuwenhuize Council Meeting Date: 8 -22 -2011 Agenda No. B.2 Subject: PW 2011 -013 Award a Professional Services Agreement in the Amount of $53,460 to Pacheco Koch Consulting Engineers, Inc. for the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Project (ST1002) Summarv: Council is being asked to award a professional services contract for the CIP Project identified as "Tabor Street Improvements (Rufe Snow Drive to Steven Street)" in the Capital Projects Budget. General Description: The Tabor Street Improvements Project is identified in the 2003 Bond Program. The estimated cost of the entire project is $400,000. The project's design will include reconstructing the existing 30 feet wide asphalt roadway with concrete pavement. The roadway design will include concrete sidewalks on both sides of the street. Staff followed the City's policy for procuring professional services for the design of this project. Requests for Qualifications were sent to local engineering firms and advertised on the City's website 27 firms responded by submitting Statements of Qualifications ( "SDQs ") to the City. Four (4) North Richland Hills' staff members (Civil Engineer, Engineer Associate, Assistant Park Planner, and Assistant Planner) comprised the selection committee. The selection committee interviewed the three (3) most qualified firms for this size and type of project. The shortlisted firms were selected based on each firm's design experience on similar projects, current work load, proposed ,project approach and estimated design schedule. After each of these firms provided presentations to the committee, Pacheco Koch was unanimously chosen as the top firm for the Tabor Street Improvements Project. Founded in 1990, Pacheco Koch is a full service Civil Engineering and Land Surveying Firm offering services to both public and private sector clients. Inspired by their successful 20 -plus year history, the Company remains focused on combining the latest technologies in civil engineering and land surveying with a responsive and client - oriented staff to produce the best professional service possible. Pacheco Koch is proud that more than 90% of their business comes from repeat clients due to their capability to deliver quality projects on time and within budget. The engineering agreement outlines the scope of work in Exhibits 'B & C. Listed below are the key items within the scope of work: • Preliminary engineering phase includes surveying, developing a project schematic showing proposed drainage improvements, roadway geometries and proposed sidewalk alignments within the street right -of -way. • Final engineering phase to include all necessary design components for the paving improvements within the right -of -way. • Attend up to two (2) neighborhood meetings if scheduled by the City. • Bidding Phase includes assisting the City in advertising the project to bidders, providing bid documents to contractors, tabulating bids and providing the City a summary of the information received from the low bidder for the City's use in awarding a construction contract. • Construction Phase includes assisting the City during the construction phase such as, attending coordination meetings, reviewing shop drawings, preparing monthly pay requests and preparation of record drawings. The Public Works Department negotiated a design fee of $53,460. This design fee consists of a base design fee for paving, and drainage, and a fee for special services (surveying and easement documents). Shown below is a breakdown of this design fee: Base Design Fee $ 44,070 Special Services Survey $ 7,400 Easement Documents $ 1,990 Total Design Fee $ 53,460 The total amount budgeted for professional services for this project is $68,000. There is sufficient funding for these design services in the FY 2010 -2011 Capital Projects budget. Recommendation: Award a Professional Services Agreement in the Amount of $53,460 to Pacheco Koch Consulting Engineers, Inc. for the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Project (ST1002) I e----RIIAERADR 3GE-oR— m OL- IVER -DR 47 RIDGE -DR RdDGE-D — GEORGIA -AVE u -- IC-TORFA -AVE Pit pp__ O 1 C' I INDA E - CiR c;C O z t1l LL I � z cis —MANOR-Oft P� _ Tabar 5t Street Improvements 1 T4 'i (Rufe Snow Dr 9 to Steven SO z i I H eM ONSON -RD IVIERA I 0 VP C] I. CF - , G ¢�I" p -S D TURNER - Mq )v U z 7 G ENVIEW a W f Tabor St Street Improvements (Rufe Snow Dr to Steven St) N S NORTH RICHLAND HILLS Project Locator Map AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND PACHECO KOCH CONSULTING ENGINEERS, 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 Pacheco Koch Consulting Engineers, Inc., a Texas corporation, acting by and through Mark A. Pacheco, P.E., R.P.L.S.; its duly authorized Principal (hereinafter called "ENGINEER "). WITNESSETH, that CITY desires professional engineering services in connection with the Tabor Street Paving Improvements. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: U. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Tabor Street Paving Improvements between Rufe Snow Drive and Steven Street 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 IF: "Compensation ". 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► A&IUX931- 104LlR]IrI=14N1►[M&I4:I►1[*&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. L►1W- 1171]r1101►F 104r101►14 =101►[0I*�=1a►1[*&I 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 Fifty Three Thousand, Four Hundred Sixty Dollars ($53,460.00). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. 1:#I`r1114 JH 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. R:4MI►1 411:7_1► Is] 4 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 Property Damage Combined Single Limit $ 500,000 per person, or $ 1,000,000 per occurrence; and $ 100,000 each occurrence; or $ 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. 1:11 MI0:110:7_'1i 1101k No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the ,placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. It 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 ENGI'NEER'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. FAVA 111111IM11 =1=010] ► I 0:7:[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. K1 ►11 11111111111111110 Cpl:I i COMAII 91 r I 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. KAN11 &i 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 "ID" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "F" Compensation Exhibit "G" Conflict of Interest Questionnaire k 1 14 0: 4111111111 k'ilRIH411 W_1►1x61IhI 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. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees as provided by Section 271.159, Texas Local Government Code. 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: Pacheco Koch Consulting Engineers, Inc. Attn: Brian D. O'Neill, P.E., CFM 6000 Western Place Suite 625 Fort Worth, Texas 76107 If to CITY: City of North Richland Hills Attn: Ms. Caroline Waggoner, P.E. Public Works Department 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as 'between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. 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 itT day of CITY OF NORTH RICHLAND HILLS (CITY) is Mark Hindman, City Manager Date ATTEST City Secretary f 20 _ Pacheco Koch Consulting Engineers, Inc. (ENGINEER) By: Mark A. Pacheco, P.E., R.P.L.S, President Date ATTEST 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 TABOR STREET PAVING IMPROVEMENTS (Rufe Snow Drive to Steven Street) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activitv Pre - Scope Meeting Complete Preliminary Plans Complete Final Plans Advertise for Construction Bids Open Construction Bids Due Date June 14, 2011 October 14, 2011 December 2, 2011 December 2011 Second Week of January 2012 Begin Construction February 2012 EXHIBIT B BASIC ENGINEERING SERVICES FOR TABOR STREET PAVING IMPROVEMENTS (Rufe Snow Drive to Steven Street) The scope of work for BASIC Engineering Services involves Preliminary Design, Project Plans, Specifications and Estimates on Roadways and Storm Drainage. 1.1 *►14:7_lI A. Design Meetings 1. The ENGINEER will meet with the CIT'Y's staff during the development of the preliminary, and final plan phases of the PROJECT. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop monthly progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT's design. 2. Supervision of Subconsultants The ENGINEER will establish a work program and schedule for each subconsultant at the beginning of each phase /section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. 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: - Box Culverts -Roadway - Water Lines - Sanitary Sewer Lines - Storm Drain Lines - Southwestern Bell Underground and/or Overhead Lines - Electric Underground and /or Overhead Lines - Gas Lines - 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 paving and drainage plans. 4. The ENGINEER will identify potential utility conflicts and provide this information to utility companies. Ida: » II�JII�F -Al Ma•1 *y10►Ia:► :11_ A. Roadway Design 1. The ENGINEER will develop a preliminary design of proposed roadway improvements. The preliminary design will include the proposed horizontal and vertical alignments. These plan sheets will be at a 1" = 20' scale and contain topographic information, existing right -of -way lines, locations of driveways, typical sections, roadway baselines, pavement edges, contours where necessary, limits of structures, limits of retaining walls, if any, drainage structures including pipes, limits of sidewalks, limits of barriers and any other information necessary for pavement construction. Profiles at 1" = 20' horizontal scale and 1 " = 4' vertical scale will contain existing ground lines at the proposed profile grade line, limits of structures and profile elevations at 100' intervals. Upon completion, the preliminary design will be submitted to the CITY for review. The preliminary design must be approved by the CITY prior to the start of the final design phase. 2. The ENGINEER will prepare cross - sections along roadways at minimum 50' intervals and will extend 20' beyond the existing right -of -way. These cross - sections will form the basis for the determination of earthwork quantities. Cut and fill quantities will be computed and tabulated, referencing cross - sections. Cross- sections will not be included in the plans. B. Other Roadway Design Elements 1. A Project Title Sheet will be prepared as required and included in the Plans. 2. Roadway typical sections will be prepared for paving sections along the various roadways of the PROJECT. 3. Roadway horizontal and vertical control and horizontal curve data will be shown on the plans. 4. Sidewalk locations and widths will be shown on the plans. 5. Supplementary intersection layout information will be prepared to properly show the relationship between the profiles of intersecting streets, where deemed necessary by the ENGINEER. 6. Miscellaneous paving details will be developed as necessary to describe various types of construction such as sidewalks, curbs, etc. when no such CITY standard details are available. C. Drainage Plans and Details 1. Drainage area maps will be prepared at a minimum scale of 1" = 1,a00% using available contour maps. Inlets will be located and sub- drainage areas determined. The runoff to each inlet will be calculated in accordance with City drainage criteria. 2. Culvert Plans /Profiles sheets and cross- sections, if necessary, will be provided for new culvert construction. 3. Storm Sewer Design The ENGINEER will incorporate storm sewer design into the roadway design sheets. These sheets will show the location of inlets, manholes, storm sewers, slotted drains, culverts, and open channel improvements in relation to the PROJECT's roadways. Profiles will show profile information for the proposed storm sewer trunk lines, proposed ground above the storm sewers, existing ground above the storm sewers, and locations of lateral junctions. Profiles of laterals will not be shown unless a proposed or existing utility crosses the lateral. Computation sheets will be prepared for storm sewers, culverts, slotted drains and inlets. 4. Miscellaneous Drainage Details Miscellaneous drainage details will be prepared for any drainage related items which are not covered by City standard details. D. Quantities and Cost Estimate 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. E. Submit Preliminary Plans for Review 1. Submit two (2) sets of preliminary plans for CITY review. 2. Submit plans to utility companies for review. II aIk'1_lMI]:M 10k'Ia:1 -A-4 A. Prepare Final Design Plans 1. Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. B. Calculate Final Quantities and Cost Estimates 1. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. 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. D. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two (2) sets of final bid documents for CITY review and approval. 2. Submit detailed drawings and plans /specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. E. Assist the City in the preparation for and conducting a public meeting with the affected resident. IV. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide all necessary printing of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the PROJECT. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. B. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY as to the proper action on all proposals received. C. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. D. Represent the CITY in the non- resident administration of the PROJECT. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on -site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve exhaustive or continuous on -site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) E. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. 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 (pdf and dwg format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR TABOR STREET PAVING IMPROVEMENTS (Rufe Snow Drive to Steven Street) The scope of work for SPECIAL Engineering Services involves Surveys (Easements /Right -of -Way and Design). The scope of work for the Special Engineering Services is more generally described as follows ,.Ili ATj ='1 I ► Eel 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. The horizontal control for each street in the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation. 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' 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. Existing Streets and Driveways Existing streets and driveways will be profiled and cross - sectioned at 50' intervals and to a point at least 20' outside of the 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 to a point at least 50" beyond the roadway being replaced. 4. Existing Drainage Channels and Drainage Area Verification Existing drainage channels and swales will be profiled and cross sectioned within the immediate vicinity of the PROJECT, 100' upstream and downstream. Low points, high points and any other unique features will be noted. Additional surveying may be necessary to verify the limits of drainage areas. 5. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as- needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the proposed Right -Of -Way for the limits of the PROJECT will be field located, including elevations of sanitary and storm sewer manhole flowlines and water /gas valve stems. The location of utilities between above ground features will be determined from visual inspection, utility records, and /or from locations determined by the respective utility companies. The utilities will be tied to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. The excavation and other costs required to expose or probe the underground utilities will be the responsibility of others. 8. Right -Of -Way Right -Of -Way lines along the PROJECT will be located. This information will be included on the PROJECT's plan sheets. 7. 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. Drainage areas contributing to the PROJECT or conveying water from the PROJECT will be determined through field investigations and available topographic mapping. 8. 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. 9. Staking Right -of -Way Parcels The ENGINEER will be responsible for staking the new Right -of -Way lines and each Right -of -Way acquisition parcel with 518 -inch iron rods based on the legal description and exhibits prepared by a licensed Surveyor. B. Easement /Right -of -Way 'Documents Easement /Right -of -Way instruments shall be prepared 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. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR TABOR STREET PAVING IMPROVEMENTS (Rufe Snow Drive to Steven Street) 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 E'NGINEER'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 setting of Easement/Right -Of -Way acquisition parcels. IV. ADDITIONAL Engineering services in connection with the PROJECT, including services which are to be furnished by the CITY and services not otherwise provided for in this Agreement will be at the following rates: Staff Member and Resident Project Representative - Salary Cost Times Multiplier of 2.0. 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 TABOR STREET PAVING IMPROVEMENTS (Rufe Snow Drive to Steven Street) 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. Ill. 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 TABOR STREET PAVING IMPROVEMENTS (Rufe Snow Drive to Steven Street) 'A' Q►',I »►6 _ 1 11IQZ 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 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 $ 44,070.00. The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charged 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 $ 7,400 Easements: Per Each Fee of $ 995 Direct Costs (Printing, Rel Xerox Copies: Blueline Prints: Plots (Bond or Velum): Easement Documents Other Direct Costs )roduction, etc.) $0.10 /Page $1.00 /Sheet $10.00 /Each 2 parcels at $995.00 per parcel = $1,990.00 Costs time a multiplier of 1.10 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: For all of ENGINEER's personnel time applied to the Additional Engineering Services, Salary Cost times a multiplier of 2.4. For all direct non -labor and /or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit ". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Services). 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 TABOR STREET PAVING IMPROVEMENTS (Rafe Snow Drive to Steven Street) [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, i3, 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 -22 -2011 Presented by: Jimmy Cates Agenda No. B.3 Subject: PU 2011 -031 Award RFP 11 -030 for Supervisory Control and Data Acquisition Microsystems SCADA PAK Upgrade to WHECO Electric, Inc. in the amount of $279,900.00 Summary Council is being asked to award RFB 11 -030 Supervisory Control and Data Acquisition SCADA PAK upgrade project to WHECO Electric, Inc. in the amount of $279,900.00. The project is identified in the Capital Projects Budget for FY 2010 -2011 as UT1104. The project includes the installation of SCADA PAK equipment to replace the existing Motorola equipment at potable water control facility sites in the City. General DescriDtion SCADA is an acronym that stands for Supervisory Control and Data Acquisition. SCADA is a system that collects data from various sensors located at potable water supply facilities such as booster pump stations or water storage tanks. Data is obtained from the sensor locations and sent to a central computer which then manages and controls the data. The SCADA PAK consists of equipment hardware that includes sensors, signal controllers, networks, communication equipment, computers, and software to run the SCADA applications. A central system located at the Public Works Service Center monitors the data from the sensors and makes adjustments to the city's water distribution system in real time. In 2007, staff was notified by local vendors that that the existing Motorola SCADA PAK equipment used by the city for SCADA operations was being discontinued. The original Motorola SCADA PAK equipment was installed in 1997. Local vendors have depleted all equipment and all parts that were manufactured by Motorola since the 2007 year. The city can no longer order replacement parts for the Motorola equipment. Any Motorola equipment that fails will require an updated SCADA PAK replacement. The proposed SCADA PAK equipment from WHECO Electric, Inc. will perform all communication and control services that are provided by the Motorola SCADA PAK equipment. The new equipment will communicate with the computer controllers at all 20 water and wastewater sites within the city. The new equipment will control pumps and valves at the ground and elevated storage tank sites as well as monitoring high water levels, low water levels, power failures, communication failures and intrusion alerts. Replacing the communication and monitoring equipment for the city's SCADA system is necessary to ensure security and preservation of water services to the citizens of North Richland Hills. Notice of the city's intent to bid was advertised in local newspapers as required by State Statute, and posted to the city's website. Four (4) vendors were contacted and invited to participate in this bid process. The following three (3) vendors attended the pre -bid conference and submitted bids as follows: Prime Controls $450,000 Robust Controls LL $228,269 WHECO Electric Inc. $279,900 The proposals were evaluated by staff and scored on the following criteria 1 . Proposal Cost 2. References /Customer Support Record 3. Previous Experience with the City 4. Warranty and Technical Support 5. Similar Project Experience 6. Years of Sustained Business 7. Business Location After careful review, staff recommends Bid #11 -030 SCADA Microsystems SCADA PA'K Upgrade project be awarded to WHECO Electric, Inc. for the following reasons: 1. Evaluation Criterion for Bid Proposal Cost - Prime Controls proposed bid of $450,000 exceeds the city's approved budget for Project UT 1104 and therefore their bid proposal was eliminated. Robust Controls and WHECO Electric bid proposals are within the city's approved budget limit of $425,000 and both bid proposals were evaluated by the Public Works Department. 2. Evaluation Criterion for References and Customer Support — WHECO Electric supplied five (5) references on similar projects that have been in place for several years. The references all stated that WHECO Electric did an outstanding job on the projects and met all specifications. 3. Evaluation Criterion for Previous Experience with Vendor Experience with the city's SCADA system can help a vendor to identify known and potential issues concerning compatibility of equipment and how the SCADA systems operates on a daily basis. The vendor needs to be familiar with the sites and their equipment along with the internal parameters that are being used in daily operations. The city has no previous experience with Robust Controls. WHECO Electric has over 15 years of experience with the city and installed the city's SCADA system in 1997. 4. Evaluation Criterion for Warranty and Technical Support — WHECC's technical support has been outstanding and their response time has been better than expected. Robust Controls could only supply one similar project that has been in place for about eight (8) months. The reference supplied satisfaction with the project, but the technical support has not been tested. 5. Evaluation Criterion for Similar Project Experience — The bid specifications required the bidders to submit five (5) projects that are similar to this project. It is important that the vendor has completed projects that are similar to the city's project. Staff believes that vendors having installed water and wastewater SCADA projects understand the importance of keeping the water and wastewater systems in operations while new equipment is being installed. Robust Controls could only supply one project that was similar. WHECC) Electric supplied five (5) projects that are very similar to the city's project. 6. Evaluation Criterion for Year's of Sustained Business — The bid specifications required 10 years of actual sustained business for potential vendors to help show that the vendor has been financially sound and have a good reputation in the industry. Robust Controls has only been in business for less than three (3) years. WHECC Electric has been in business for over 20 years. 7. Evaluation Criterion for Location of Business — The bid specifications required the vendor to within a forty (40) mile radius of the City of North Richland Hills in order to meet an acceptable response time for emergency repairs or malfunctions with the SCADA system. Robust Controls and WHECC) Electric both meet this requirement. WHECC) Electric is within a seventeen (17) mile radius of the city and Robust Controls is within a twenty -one (21) mile radius of the city. WHECC? Electric meets all the bid specifications per the bid proposal. They have demonstrated the company is financially sound, provided five (5) similar municipal projects with outstanding customer support and project implementation. Their 20 years of work experience with SCADA systems shows that the company has the expertise and knowledge to complete this project for the city. WHECC) Electric has also provided technical support for the city since the SCADA system was originally installed in 1997. Their support has been outstanding for the city. Based upon the criterion for the bid proposal and staff's experience with WHECC) Electric, staff feels confident that WHECC) Electric will provide the best service and meet all specifications for construction of the project. Recommendation To award RFP 11 -030 for Supervisory Control and Data Acquisition Microsystems SCADA PAK Upgrade to WHECC) Electric in the amount of $279,900.00 CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 8 -22 -2011 Agenda No. B.4 Subject: GN 2011 -069 Authorize the City Manager to Execute a Contract for the Sale of Real Property at 4027 Rufe Snow Summarv: Council is being asked to consider authorizing the City Manager to execute a contract to sell 4027 Rufe Snow Drive, a 0.38 acre former water tower property, to Operating Engineers Local 178 of North Richland Hills, Texas. General Description: In 1972 the City purchased 0.38 acres from Progressive Development, Inc. for water storage purposes. In 2008, changes in the water distribution system no longer required the use of this property whereby the above ground utilities were removed and the surface has since been maintained as a grass lot. Taking into account that the underground equipment remains, the property has been appraised for $45,000. Local 178 of the International Union of Operating Engineers is headquartered at 4025 Rufe Snow Drive, to the west of and adjacent to 4027 Rufe Snow. In 2009, Local 178 completely remodeled both the interior and exterior of their building becoming a prime example of commercial redevelopment and revitalization. Local 178 has since inquired about the purchase of 4027 Rufe Snow to add a driveway, extend their parking and construct a monument sign. Section 272.001 of the Texas Local Government Code requires the City to publish notice to the general public of the offer of land for sale. Between July 8 and July 22, 2011, two notices were published in the Fort Worth Star - Telegram classified section to accept sealed bids for a minimum of $45,000 with use limited to driveway, parking and signage only. Local 178 submitted the highest and only bid in the amount of $45,000, meeting the minimum amount. The conveyance of land is for the surface only, enabling the City to maintain and/or remove the subsurface utilities if ever necessary. In addition to the driveway, parking and sign improvements, Local 187 plans to combine 4025 and 4027 Rufe Snow into one lot through the platting process. Recommendation: Authorize the City Manager to Execute a Contract for the Sale of Real Property at 4027 Rufe Snow to Operating Engineers Local 178 in the amount of $45,000. I r e F AM NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special 'Warranty Deed Date: August , 2011 Grantor: THE CITY OF NORTH RIC HLAND HILLS Grantor's Mailing Address: THE CITY OF NORTH RICHL ='AND HILLS 7301 N.E. Loop 820 North Richland Hills, TX 76180 Tarrant County Grantee: Operating Engineers Local 178 Grantee's Mailing Address: 4025 Rufe Snow Drive, North Richland Hills, Texas 76180 Consideration: $45,000.00 Property (including any improvements): BEING a tract of land in the City of North Richland Hills, said tract also being out of the Mahala Lynch Survey, Abstract No. 953, in Tarrant County, Texas, and being a part of that certain tract of land conveyed to L.B. Mayfield, Trustee, by deed recorded ur Volume 2866, Page 441, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the Southwest corner of a tract of land owned by the City of North Richland Hills, said corner being in the South line of said Mayfield Tract, said corner also being North 87 degrees, 12 minutes West, 506.6 feet from an iron pipe, said pipe being the most Easterly Southeast corner of said Mayfield Tract; THENCE North 02 degrees, 48 minutes East, with the West line of said City tract, 70.0 feet, to the Northwest corner of said City tract; THENCE South 87 degrees, 12 minutes East, with the North line of said City tract, 50.0 feet, to the Northeast corner of said City tract; THENCE North 02 degrees, 48 minutes East 50.0 feet, to a point; THENCE North 87 degrees, 12 minutes West 61.65 feet, to a point; THENCE South 02 degrees, 48 minutes West 120.0 feet, to an iron rod, said rod being in the North line of the Diamond Oaks South Addition to the City of North Richland Hills, said rod also being in the Easterly R.O.W. line of Wendell Drive, said rod also being in the South line of said Mayfield tract; THENCE South 87 degrees, 12 minutes East, with the South line of said Mayfield Tract, 11.65 feet to the PLACE OF BEGINNING and containing 0.0894 acres, more or less. SAVE AND EXCEPT any part or portion thereof in the use of occupancy of any public road or highway. Exceptions to Conveyance and Warranty: This conveyance is of the surface only of the described property and Grantor reserves to itself the right to all subsurface improvements currently in place together with the right to maintain and remove the same. Grantee shall have the right to use the surface for a paved driveway, paved parking, conforming signage and landscaping only. This conveyance is subject to validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, and water interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property "AS IS" with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition, except as to those stated in the written contract of sale between the parties but is, except as to such representations, relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties except for limited warranties of title set forth in this deed and those representations in the contract of sale which survive closing. When the context requires, singular nouns and pronouns include the plural. CITY OF NORTH RICHLAND HILLS Mark Hindman, City Manager STATE OF TEXAS C �! l Y l r Y 11' 7[�]� I I Y R � :�:� ► Y Y This instrument was acknowledged before me on , 2011, by Mark Hindman, City Manager for the City of North Richland Hills. Notary Public, State of Texas My commission expires: AFTER RECORDING RETURN TO: Operating Engineers Local 178 4025 Rufe Snow Drive, North Richland Hills, Texas 76180 PREPARED IN THE LAW OFFICES OF: George A. Staples Taylor, Olson, Adkins, Sralla & Elam, L.L.P. 6000 Western Place, Suite 2.00 Fort Worth, TX 76107 CITY OF !NORTH RICHLAlNrO HILLS Department: Finance Council Meeting Date: 8 -22 -2011 Presented by: Larry Koonce Agenda No. 6.5 Subject: GN 2011 -068 Adoption and Implementation of Governmental Accounting Standards Board Statement No. 54 and approval of Resolution that details the City of North Richland Hills Fund Balance Policy — Resolution No. 2011 -028 Summarv: In February, 2009, the GASB issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This standard will be effective with the City's fiscal year ending September 30, 2011. This new standard does not change the total amount of given fund balance nor does it change the business practices of the City, but it changes how we are to describe and categorize the fund balance for General Fund and the other Special Revenue Funds such as Gas Development Fund, Promotional Fund, Special Investigation Fund, etc in the annual Comprehensive Annual Financial Report (" CAFR "). General Description: The new fund balance categories will display available balances that are either restricted by outside sources (i.e. state statues, federal regulations, referendums, etc), committed by the City Council, designated by City Management, unassigned fund balance, or balances that are unavailable for future use such as inventories and prepaid expense balances. The term, fund balance, is used to describe the difference between assets (what is owned) and liabilities (what is owed) reported within a fund. In the past, fund balances have been classified into basically three separate components: Reserved, Designated, and Undesignated. The various components of the new fund balance reporting standard are designed to indicate the extent to which the City is bound by the limitation placed upon these resources. This standard requires that the City council formally adopt a Fund Balance Policy. It also requires that Council designate a person who can formally assign fund balances. We are proposing that the City Manager be designated as the one who can formally assign fund balances. The policy and resolution attached encompasses the following items to fully implement GASB No. 54 requirements. The following points highlight what is being proposed to council for approval: • Fund Balance Components Definitions • Assign the City Manager the authority to assign unrestricted fund balance amounts • Set the Minimum Fund Balance that the General Fund should maintain that is defined as "unassigned fund balance" • To have Council "Commit" special revenues to specific expenditure purposes and to designate "Special Revenue Funds" Recommendation: Approve Resolution No. 2011 -028 adopting GASB 54 Fund 'Balance Policy. RESOLUTION NO. 2011 -028 WHEREAS, the Governmental Accounting Standards Board ( "GASB ") has adopted Statement 54 ( "GASB 54 "), a new standard for governmental fund balance reporting and governmental fund type definitions that became effective in governmental fiscal years starting after June 15, 2010, WHEREAS, and the City of North Richland Hills, Texas ( "City') elects to implement GASB 54 requirements, and to apply such requirements to its financial statements beginning with the current fiscal year (October 1, 2010 through September 30, 2011); BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HELLS, TEXAS as follows: 1. The Council approves the "Fund Balance Policy" in Exhibit A to this resolution as defined by GASB No. 54. 2. The Council Approves and defines the various components of fund balance as reported in "Components of Fund Balance" as required by GASB No. 54 in Exhibit A. 3. The classification and reporting of fund balance components as required by GASB No. 54 will become effective beginning with the 2010/2011 fiscal year. 4. The City Council designates the City Manager as the City Official to determine and define the amounts of those components of fund balance that are classified as "Assigned Fund Balance." 5. The City Council commits certain special revenue resources to specific expenditure purposes as detailed and listed in Exhibit A. PASSED AND APPROVED this the 22nd day of August, 2011. CITY OF NORTH RICHLAND HILLS In ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary f 1, �:t91 D1 -11:1 t*] ;101 N i►i IF:1► I Il I *T-11 I I Wil George A. Staples, City Attorney EXHIBIT A CITY OF NORTH RICHLAND HILLS, TEXAS FUND BALANCE POLICY In accordance with GASB Statement No. 54 Purpose. The following policy has been adopted by the City Council in order to address the implications of Governmental Accounting Standards Board ( "GASB ") Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions. The policy is created in consideration of unanticipated events that could adversely affect the financial condition of the City and jeopardize the continuation of necessary public services. This policy will ensure that the City maintains adequate fund balances and reserves in order to: • Provide sufficient cash flow for daily financial needs, • Secure and maintain investment grade bond ratings, • Offset significant economic downturns or revenue shortfalls, and • Provide funds for unforeseen expenditures related to emergencies. This policy and the procedures promulgated under it supersede all previous regulations regarding the City's fund balance and reserve policies. Fund Balance Components. Fund balance is essentially the difference between assets and liabilities reported in a governmental fund. There are generally limitations on the purpose for which all or a portion of the resources of a governmental fund may be used. The force behind these limitations can vary significantly, depending upon their sources. Consequently, the fund balance reported in the annual financial statements is categorized into five components whereby each component identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the fund can be spent. The five components of fund balance are as follows: • Nonspendable: Resources that are 1) not in spendable form, such as inventories, prepaids, long -term receivables, or non - financial assets held for resale, or 2) required to be maintained intact such as an endowment. • Restricted: Resources that are subject to externally enforceable legal restrictions; these restrictions would be either 1) externally imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments or 2) imposed by law through constitutional provisions or enabling legislation. • Committed: Resources that are constrained to specific purposes by a formal action of the City Council such as an ordinance or resolution. The constraints remain binding unless removed in the same formal manner by the City Council. Council action to commit fund balance must occur within the fiscal reporting period, while the amount committed may be determined subsequentially. • Assigned: Resources that are constrained by the City's intent to be used for specific purposes, but that are neither restricted nor committed. • Unassigned: Within the General Fund, unassigned fund balance will be the residual resources, either positive or negative, in excess of what can be properly classified in one of the other fund balance categories. Within all other governmental funds unassigned fund balance will be the negative residual resources in excess of what can be properly classified as nonspendable, restricted, or committed. Operational Guidelines. The following guidelines address the classification and use of fund balance in governmental funds: • Prioritization of Fund Balance use — In circumstances where an expenditure is to be made for a purpose for which amounts are available in multiple fund balance classifications, the order in which resources will be expended is as follows: restricted fund balance, followed by committed fund balance, assigned fund balance, and lastly, unassigned fund balance. • General Fund Minimum Fund Balance Reauirement — At the end of each fiscal year, the General Fund should maintain a minimum unassigned fund balance that is no less than 15% of the subsequent year's General Fund Appropriated Expenditure budget. This target amount has been established in order to provide a reasonable level of assurance that the City's day -to -day operations will be able to continue even if circumstances occur where revenues are insufficient to cover expenditures. The General Fund's minimum fund balance policy is reported in the Comprehensive Annual Financial Report (CAFR). Special Revenue Activities — Committed by Council - The City Council approves by adopting this policy that specific revenue sources listed below are restricted to specific expenditure usage. The table below describes sources of revenue and specific expenditures in which these revenue resources can be used toward and appropriated annually through the budget process. The Fund Balances for these special revenue sources shall be reported as a special revenue fund. Fund Name Donations Drainage Utility Gas Development Revenue Source Donations / Contributions Drainage Utility Fees Mineral Rights Leases, Bonuses, Right of Way Fees Expenditure Restriction Donators/Contributors' Objectives and other restrictions within Resolution #2002 -004 Debt Repayment and Direct Outflows for Drainage Infrastructure Acquisition and Upkeep (Ordinance #1727) Resolution #2006 -052 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented lay: Council Meeting Date: 8 -22 -2011 Agenda No. C.0 Subject PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: (Budget Council Meeting Date: 8 -22 -2011 Presented by: Mark Mills Agenda No. C.1 Subject: GN 2011 -003 Conduct a Public Hearing on the 2010 -20111 Revised (Budget and 2011 -2012 Proposed Budget Summarv: Council is requested to open a public hearing and receive public comment on the 2010- 2011 Revised Budget and the 2011 -2012 Proposed Budget. No action is required at this hearing as this is held for the purpose of receiving public comments. General Descrir)tion: The City Council budget work session to review the 2010 -2011 Revised Budget and the 2011 -2012 Proposed Budget was held August 5, 2011. At the work session, City Council reviewed the budgets for all operating funds, capital project funds, and the budgets for the Crime Control and Prevention District and the Park and Recreation Facilities Development Corporation. Subsequent to the work session, the changes City Council requested have been included in the 2011 -2012 Proposed Budget. The 2010 -2011 Revised Annual Operating Budget and the 2011 -2012 Proposed Annual Operating Budget for all funds are as follows (1) Each of these funds are Internal Service Funds, which receive allocations from the other funds. These allocations are used to cover the majority of expenses vmlun each Internal Service Fund. While necessary to appropriate the funds in the manner above, it should be noted that expenses funded by the allocation received by an Internal Service Fund are also reflected as expenditure/expenses (the allocation) within the contributing funds_ In addition resources such as interest income, other income and fund balance are also used to offset any expenses in excess of these allocations_ 2010-2011 2011 -2012 Revised Proposed General Fund $38,858,705 $37,714,977 Debt Service Fund 10,552,493 8,774,936 Park & Rec Facilities Dev. Fund 4,761,757 7,184,608 Crime Control District Fund 4,148,899 4,248,216 Promotional Fund 208,937 158,832 Donations Funds 161,454 164,009 Special Investigations Fund 396,410 560,913 Drainage Utility Fund 913,129 855,034 Gas Development Fund 1,239,635 439,881 Traffic Safety Fund 761,580 784,319 Utility Fund 25,897,745 27,027,749 Aquatic Park Fund 4,879,377 4,556,246 Golf Course Fund 2,713,551 2,598,106 Facilities /Construction Management Fund {'} 2,248,692 2,525,971 Fleet Services Fund (1) 2.2901.324 3,155,407 Information Services Fund 2,709,608 2,685,339 Self Insurance Fund 9,137,866 9,517,777 (1) Each of these funds are Internal Service Funds, which receive allocations from the other funds. These allocations are used to cover the majority of expenses vmlun each Internal Service Fund. While necessary to appropriate the funds in the manner above, it should be noted that expenses funded by the allocation received by an Internal Service Fund are also reflected as expenditure/expenses (the allocation) within the contributing funds_ In addition resources such as interest income, other income and fund balance are also used to offset any expenses in excess of these allocations_ The Proposed Capital Improvements Budget totals $18,542,448. The breakdown between project categories is as follows: 2011 -2012 Proposed Street & Sidewalk Projects $3,105,176 Drainage Projects 1,690,000 Utility Projects 6,585,000 Parks & Recreation Projects 2,133,200 Aquatic Park Projects 90,000 Municipal Facility Projects 2,987,636 Major Capital Equipment Projects 960,000 Economic Development Projects 150,000 CIP — Other 841,436 In addition, over the course of Fiscal Year 2010- 2011, several projects were revised. Staff will be requesting a formal amendment to the 2010 -2011 Capital Projects Budget to include the changes summarized below. Detailed revision forms have been included in the attachments to this item. It is important to note that the majority of the dollars reflected below are the result of an adjustment in reporting methodology and are not increases in estimated project expenditures. These projects are indicated by two asterisks. Previously, the methodology to appropriate expenditures was based on the amount remaining unspent in the project. As a result, the funding and expenditure appropriations were frequently unequal. The methodology was changed in fiscal year 2010 -2011 and revisions have been made to several continuing projects to adjust expenditure appropriations to match the funding already appropriated. In future years, appropriated expenditures will be the same as approved funding. 2010 -2011 201 0 -2011 Project Title Adopted Chanqe Revised Street & Sidewalk Proiects Davis Blvd 1 Mid- Cities Blvd Intersection ** $2,105,000 $1,125,000 $3,230,000 Honey Lane, Phase II (CDBG) ** 185,000 30,000 215,000 Mackey Drive (Briley to Glenview) 620,000 70,000 690,000 Rufe Snow Dr. (Mid - Cities to Hightower) ** 5,600,000 8,127,000 13,727,000 Solar Power School Zone Beacons 180,000 (41,000) 139,000 Terry Drive Street Improvements 375,000 39,871 414,871 Street & Sidewalk Sub -Total $9,065,000 $9,350,871 $18,415,871 Drainaae Proiects Briarwood Estates Drainage Imp. $1,785,000 $160,000 $1,945,000 Drainage Sub -Total $1,785,000 $160,000 $1,945,000 2014 -2011 2010 -2011 Project Title Adopted Chanqe Revised Utility Proiects Big Fossil Creek Wastewater Outfall " $500,000 $700,000 $1,200,000 Bursey Elevated Tank ** 700,000 200,000 900,000 Water Line (16" Fort Worth Supply Line) 0 225,000 225,000 Water Line (Blvd 261 Cardinal Lane)** 455,205 64,795 520,000 Utility Sub -Total $1,655,205 $1,189,795 $2,845,000 Parks & Recreation Proiects Davis Boulevard Streetscape $164,400 $186,000 $350,400 Founders & Legacy Recognition Program 90,000 (40,512) 49,488 Calloway Creek Trail Development " 250,438 123,497 373,935 Conversion to Solar Power for Entry Signs 70,000 3,184 73,184 Little Bear Creek Trail Development' 865,496 314,283 1,179,779 Liberty Lake Phase I and II 341,200 63,702 404,902 Singing Hills Corssings Imp. at Iron Horse 0 33,000 33,000 Parks & Recreation Sub -Total $1,781,534 $683,154 $2,464,688 Aa tuatir Park Proiects $22,193,260 $3,719,554 $25,912,814 General Facility Improvements $60,000 $41,598 $101,598 New Attraction 1,700,000 200,000 1,900,000 Aquatic Park Sub -Total $1,760,000 $241,598 $2,001,598 Municipal Facilitv Capital Proiects City Hall Complex Generator $0 $95,000 $95,000 De -Lamp City Buildings 49,000 1,000 50,000 Energy Conservation Improvements 47,000 (10,927) 36,073 Installation of Solar Photovoltaic System 57,000 (7,073) 49,927 NRH Animal Adoption Center "* 1,765,260 (1,229,346) 535,914 NRH Recreation Center "* 20,275,000 4,715,000 24 „990,000 NRH Police Detention Center Remodel 0 50,000 50,000 Recreation Center & Library LED Conversion 0 105,900 105,900 Municipal Facility Sub -Total $22,193,260 $3,719,554 $25,912,814 Maior Capital Eauipment Ambulance Replacement Unit 955 $0 $200,000 $200,000 Police Department Toughbook Replacement 128,282 128,282 256,564 Major Capital Sub -Total $128,282 $328,282 $456,564 Economic Development Proiects TIF 1 Expansion - Intersection Imp /Utl. Burial $3,500,000 {$2,500,000} $1,000,000 Economic Development Sub -Total $3,500,000 ($2,500,000) $1,000,000 Other Proiects Litter Not Program $0 $8,531 $8,531 Other Sub -Total $0 $8,531 $8,531 The notice of public hearing was published in the Star Telegram newspaper in accordance with State law and the City's Charter. The public hearing for the Annual Budget was advertised to be held during the regular 7:00 p.m. City Council meeting, August 22, 2011. The 2011 -2012 Proposed Budget is based on the continuation of the 57¢ tax rate for the 19 consecutive year. The proposed budget document was filed with the City Secretary and at the City Library for public viewing. The document was also made available online at the City website, www.nrhtx.com. It will be presented for adoption at the September 12, 2011 City Council meeting. At the August 5, 2011 budget work session, the Crime Control District (CCD) Board reviewed the preliminary 2011 -2012 Crime Control and Prevention District Budget in the amount of $4,248,218. The CCD Board is scheduled to conduct a public hearing on August 22, 2011 at 7:00 p.m. in the City Council Chambers. A Parks and Recreation (Facilities Development Corporation Board meeting is also scheduled for August 22, 2011. During this meeting the Board will conduct a public hearing on these budgets at 8:30 p.m. Prior to the budget public hearing, Mark Mills, Budget & Research Director, will provide an overview and highlights of the 2010 -2011 Revised Budget and 2011 -2012 Proposed Budget. Recommendation: To open the public hearing, receive public comments on the 2010 -2011 Revised Budget and 2011 -2012 Proposed Budget, and close the public hearing. FISCAL YEAR 2011 -2012 SCHEDULE 1 - SUMMARY OF REVENUES AND EXPENDITURES ,e34►14:L141N101C Appropriation from Fund Balance Legal Settlement & Litigation $112,308 $196,301 ADOPTED REVISED PROPOSED Insurance Reserves ACTUAL ACTUAL BUDGET BUDGET BUDGET Golf Course Loans FY 2008109 FY 2009110 FY 2010111 FY 2010/11 FY 2011112 REVENUES 100,000 120,000 0 0 0 Taxes $27,270,507 $27,805,362 $27,566,137 $28,085,609 $27,810,874 Fines & Forfeitures 2,677,901 2,631,813 2,265,620 2,657,850 2,657,750 Licenses & Permits 1,140,070 1,301,823 1,108,650 1,361,099 1,213,675 Charges for Service 3,020,051 2,997,039 2,894,822 3,084,929 2,605,784 Intergovernmental 2,625,366 2,628,721 2,356,659 2,356,659 2,474,492 Miscellaneous 965,291 863,839 997,284 1,002,696 990,034 Sub -Total Revenues $37,699,186 $38,228,597 $37,189,172 $38,548,842 $37,752,609 Appropriation from Fund Balance Legal Settlement & Litigation $112,308 $196,301 $300,000 $0 $0 Insurance Reserves 47,589 115,800 0 0 0 Golf Course Loans 168,064 392,000 164,500 164,500 0 Retirement Conversion 100,000 120,000 0 0 0 CCD Designated Reserves 200,000 0 0 0 0 Court Technology Funds 0 232,885 0 0 0 Utility Assistance Program 0 64,500 0 20,000 20,000 Previous Year Encumbrances 590,474 206,646 0 256,974 0 Sub -Total Appropriations $1,218,435 $1,328,132 $464,500 $441,474 $20,000 TOTAL REVENUES $38,917,621 $39,556,729 $37,653,672 $38,990,316 $37,772,609 EXPENDITURES City Council $102,659 $87,871 $126,146 $126,146 $123,904 City Manager 542,214 413,719 519,876 520,686 517,090 Communications 472,116 472,471 398,923 409,452 328,922 City Secretary 433,150 448,543 498,442 499,562 442,893 Legal 388,953 517,378 647,718 647,718 348,104 Human Resources 111,184 107,312 118,433 118,645 112,998 Finance 850,828 699,961 717,285 721,174 724,646 Budget & Research 350,132 355,273 360,083 360,347 359,247 Municipal Court 1,217,322 1,182,253 1,239,262 1,266,541 1,297,919 Planning and Inspections 1,002,556 877,091 823,953 825,167 835,738 Economic Development 165,813 180,261 202,413 203,293 246,696 Library 1,819,969 1,855,966 1,922,842 1,928,233 1,950,202 Neighborhood Services 1,414,358 1,390,725 1,582,055 1,649,752 1,586,364 Public Works 3,277,450 3,414,498 3,356,505 3,404,394 3,557,179 Parks & Recreation 2,482,674 2,369,824 2,380,933 2,397,980 1,982,480 Police 10,218,532 9,779,532 10,263,785 10,330,115 10,439,174 Emergency Management 358,330 691,772 778,328 990,973 790,811 Fire 9,116,811 9,078,592 9,440,887 9,588,803 9,668,900 Building Services 641,893 491,893 702,973 702,973 673,270 Non - Departmental 1,280,499 2,324,365 1,341,776 1,296,410 1,678,440 Sub -Total Departments $36,247,443 $36,739,300 $37,422,618 $37,988,364 $37,664,977 Reserves & Other Expenditures Reserves $347,589 $988,929 $66,554 $335,341 $50,000 Transfer to CCD 200,000 259,000 0 0 0 Golf Course Loans 168,064 392,000 164,500 164,500 0 Legal Settlement 112,308 242,500 0 370,500 0 Sub -Total Reserves and Other $827,961 $1,873,429 $231,054 $870,341 $50,000 TOTAL EXPENDITURES $37,075,404 $38,612,729 $37,653,672 $38,858,705 $37,714,977 BALANCE $1,842,217 $944,000 $0 $131,611 $57,632 CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8 -22 -2011 Presented by: Mark Mills Agenda No. C.2 Subject: GN 2011 -054 Conduct a Public Hearing on the 2011 -2012 Proposed Tax Rate Summarv: Council is requested to open a public hearing on the proposed 57¢ tax rate and receive public comment, announce September 12, 2011 as the date of the vote on the adoption of the tax rate, and close the public hearing. No action is required at this hearing as this is held for the purpose of receiving comment. General Description: State legislation requires the City to hold two public hearings on the proposed property tax rate if the proposed rate exceeds the lower of the effective tax rate or the rollback rate. Because the proposed tax rate of 57¢ is lower then both the effective tax rate of 58.1415¢ and the rollback rate of 60.5929¢, the two public hearings are not required. To foster open communication and transparency, the City of North Richland Hills will voluntarily conduct a single tax rate public hearing on Monday, August 22, 2011. The vote to adopt the proposed tax rate of 57¢ is scheduled to appear on the September 12, 2011 Council agenda for the regular 7:00 p.m. City Council meeting. If adopted, this will be the 19 consecutive year the City has maintained a tax rate of 57¢. Individual taxpayers' property taxes may decrease, increase or remain the same depending on the appraised value of their property. Senior and disabled property owners who have a tax ceiling (even if their property values have increased) will pay the same amount of property tax as the previous year unless their appraised property value decreased. They then would pay a lesser amount of property tax. The City of North Richland Hills is proud of the progress we have made while demonstrating sound financial management of our citizen's tax dollars. Recommendation: Open the public hearing, receive public comments on the proposed 57¢ tax rate, announce September 12, 2011 as the date of the vote on the adoption of the tax rate, and close the public hearing. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 8 -22 -2011 Agenda No. C.3 Subject: SUP 2011 -04 Public Hearing and Consideration of a Request from Allen Samuels Auto Group for a Special Use Permit for pre -Owned Auto Sales located at 7900 NE Loop 820 — Ordinance No. 3123 Case Summary: Allen Samuels Auto Group is requesting a Special Use Permit (SUP) for pre -owned vehicles at a vacant facility at 7900 NE Loop 820 previously used for Allen Samuels new Hyundai auto sales. Case Review: The previous Hyundai dealership at this location moved to the old Alan Young dealership property further west along Loop 820 and the property being requested for a SUP has been vacant for more than a year. Based on this property being vacant for more than 6 months, along with the request for pre -owned vehicles, requires SUP approval with full compliance with current regulations including landscaping and a minimum of 5 acres for all proposed new or used car sales. Allen Samuels Auto Group is requesting pre -owned auto sales on 5 acres of land with updated landscaping buffers along Loop 820. They are also conditioning the pre -owned auto sales operation to the ongoing existence of Allen Samuels Dodge Chrysler Jeep Ram new car sales at 7740 NE Loop 820; stipulating that 90% of all pre -owned vehicles be less than 5 years of age and requesting a 90 day period for installing all landscaping because of existing hot summer weather conditions. Background: The Allen Samuels Auto Group owns much of the property on the south side of Loop 820 near the interchange west to the Boulevard 26 underpass. The entire Allen Samuels property is zoned C2 which includes heavy commercial uses such as auto sales. They have moved dealerships in the past and have also taken over the Alan Young properties. There was a previous Special Use Permit granted in 2008 (SUP 2008 -04) for a 10 acre tract between Lynn Terrace and Booth Calloway. This site was previously used for a church and was converted to a customer parking lot with limited new truck sales in 2008. This property also included the closing of Lynn Terrace and Blackman Drive as city streets. The site had several paved areas in which the primary church structure was removed, but the general parking areas of paving were left. The 2008 SUP site plan was approved with required barrier bollards to be put in place so that vehicle parking will be clearly restricted and allowed on existing improved surfaces only. A 6 foot masonry screening fence was constructed along the common property line of the commercial lot and the adjacent residential lots on Mary Francis Lane. The 2008 SUP did not require a 15 foot landscape buffer adjacent to the masonry wall against the residential structures. The SUP site plan notes stated that with new improvements made to this lot landscaping would be required. The Allen Samuels Group is using a portion of the previous 2008 SUP lot to obtain the minimum 5 acres of land for pre -owned auto sales. However, the proposed new 2011 SUP only includes a customer parking area adjacent to Loop 820 from the previous 2008 SUP. Under the current 2011 request only the new portion of the property would be required to meet all standards including landscaping. The remainder of the 2008 SUP property would have to follow the previously approved site plan which is open and undeveloped except for a few customer parking areas. Any new dealerships or expansion of the remaining property would require a revised SUP with full conformance with current regulations. Existing Zoning: Existing zoning is "C -2" Commercial. Existing Platting: Platted as Lot 1, Block 10, Richland Heights Addition and a portion of Lot 1R, Block CR, Lynncrest Addition. This includes the previously abandoned Lynncrest Drive. Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area. These uses include a variety of retail including personal and business service establishments, retail strip centers and offices. Adjacent Zoning /Land use: North:State Highway ROW East: "C -2" commercial 1 auto dealership South: "R -1" 1 single - family residence West: "C -2" commercial Thoroughfare Plan: The site has frontage on IH 820 (NE Loop 820). This proposed dealership will not be affected by the widening of NE Loop 820 in terms of TXDOT's need for right -of -way acquisition. During the previous reconstruction of the NE (Loop 820fSH 121/183 interchange, TXDOT acquired the necessary ROW for lanes along the frontage of the Allen Samuels property. Planning & Zoning Commission Recommendation: At the time this submittal was made the Planning & Zoning Commission has not yet met. This case was double notified with the P &Z meeting on Thursday, August 18 and the City Council meeting on the next Monday, August 22. Staff will notify City Council of any proposed changes by the Planning Commission to the SUP at the City Council meeting. Staff Recommendation: As long as there are no issues from adjacent residential properties or additional recommended changes from the Planning Commission, staff is supportive of the existing requested SUP for pre -owned auto sales for Allen Samuels and Ordinance No. 3123. Staff is in support of the SUP request based on the landscape buffer improvements being proposed along Loop 820; that the pre -owned sales lot be tied to the Allen Samuels new car dealerships and; 90% of all pre -owned sales be for automobiles less than 5 vears of aqe. The fact that Allen Samuels is a long time dealership in the community with a good reputation and the hot summer is not the appropriate time to plant trees, staff is supportive of allowing the dealership to open immediately with a 90 day period to install all landscapina and irrigation. LOCATION MAP 1= 1401_100WI1101 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case #: SUP 201 1 - 04 Applicant: Allen Samuels Location: 7900 NE Loop 820 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 Allen Samuels for a Special Use Permit for Pre -Owned Auto Sales at 7900 NE Loop 820. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 18, 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 22, 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 Gary Phillips Etal American U Stor Richland Ltd Allen Samuels Realty Inc °IoTropical Greenery Inc Attn Bruce T Morrison Esq 361 Owen Ln 7908 NE Loop 820 1904 Foxborough Trl Waco Tx 76716 -5579 Fort Worth Tx 76180 -7302 Flower Mound Tx 75026 -8269 Doyle W 8 Barbara Warren 7828 Mary Frances Ln Fort Worth Tx 76180 -7366 Gloria Jean Jones 7832 Mary Frances Ln Fort Worth Tx 76180 -7306 Jimmy Doyle Schooler 3000 Willow Panic St Richland Hills Tx 75118 -6327 Louis R Turner 7829 Mary Frances Ln Fort Worth Tx 76180 -7305 Tina C Walkup 7825 Mary Frances Ln NRH Tx 76180 -7305 William Etux Treva L Black 7821 Mary Frances Ln NRH Tx 76180 -7365 Sabas Escalante Sheri Abel 7817 Mary Frances Ln 7813 Mary Frances Ln NRH Tx 76180 -7305 Fort Worth Tx 76180 -7305 ORDINANCE NO. 3123 SUP 2011 -04 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW PRE -OWNED AUTO SALES ON A 5 ACRE PROPERTY LOCATED AT 7900 NE LOOP 820; ESTABLISHING A PENALTY; PROVIDING FOR 'PUBLICATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use ;permit to allow pre- owned auto sales on a 5 acre property located at 7900 NE Loop 8201 described in the attached Exhibit "A ". Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,01001.001). 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 hereof. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 22nd day of August, 2011. ►,1a11*iii Patricia Hutson, City Secretary 31 WKS] M L IQ A d:1 N [ @]:I W_l' 113 : I I I Oscar Trevino, Mayor 1�1 �:ZG] ►1=112 -114 1101 to] N k ►,1,1:1III I *T-Al I I wis George A. Staples, City Attorney ►,1, �:t91►12I B1 :1'1 11*i0I61 `r 10 =1 ►16 John Pitstick, Planning & Development director EXHIBIT A BEING a 5.159 acre tract of iand situated in the W.W. Wallace Survey, Abstract No. 1606 City of North Richland Hills, Tarrant County, Texas, and being a part of Lot 1R, Block C -R of Lynncrest Addition, an addition to the City of North Rielrland Hills, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 13046, of the Plat Records of Tarrant County, Texas and also being a part of Lets I -A -R and I- B-R, Block 10 of Richland Heights Addition, an addition to the City of North Richland Hills, Tarrant County, Texas according to the plat thereof recorded in Volume 388 -167, Page 47 of said Plat Records, said 5.159 acre tract of land to he more particularly described by metes and bounds as follows: BEGINNING at a point for corner in the South line of Interstate Highway No. 820 a (variable width Right -of -Way), same being the Southeast corner of said Lot I -A -R and the Northeast comer of said Lot 1 -B -R THENCE South 41 °31'38" West with the South line of said Lot I -A -R and the North line of said Lot 1 -B -R a distance of 242.64 foe to a point for corner in said North and South lines; THENCE North 89 °59`03" West with the South line of said Lot l -A -R and the North line of said Lot I -B -R a distance of 198.55 feet to a paint for comer at the Southwest corner of said Lot I -A -R and the Northwest comer of said Lot 1 -B -R and being in the East line of Lynn Terrace a (50' Right-of-Way) THENCE North W45'07" West with the West line of said Lot I -A -R and the East line of said Lynn Terrace a distance of 31.15 feet to a point for comer at the Southeast corner of said Lot 1R, Block C -R; THENCE South 89 1 10'38" West across Lynn Terrace and with the South line of said Lot 1 R a distance of 5 0. 00 feet to a point for corner, THENCE across said Lot 1R the fallowing: North 00'44'55" West a distance of 114.38 feet to a point for corner; South 89 0 25'00" West a distance of 287.34 feet to a point for comer; North 09 °44'02° East a distance of 23.49 feet to a paint for corner, North 79 °45'08" West a distance of 67.26 feet to a point for corner; North 00 °54'1 West a distance of 240.92 feet to a point for corner; North 89 °02'49" East a distance of 178.40 feet to a point for comer; THENCE North 03 °09'29" West a distance of 66.28 feet to a point for corner in the North Be of said Lot I and being in the South line of that certain called 8,796 square feet tract of land described in Deed to State of Texas Condemnation and recorded in Volume 11084, Page 1251 of said Deed Records; THENCE South 74 °51'53" East with said North and the South lines a distance of 15.93 feet to a point for corner at an angle corner in said North and South lines; THENCE South 68 °17'11" East continuing with said North and .South lines a distance of 157.06 feet to a point for confer at the an angle comer in said North and South lines; THENCE South 28 1 23'15" East with said North and South lines a distance of 29.79 feet to a point set for corner at an angle corner in said North and South lines; THENCE North 57 ®30'00" East with said North line a distance of 58.96 feet to a point for corner in the East line of said Lot 1R same being in the West line of said Lot 1 -A R; THENCE North 04 0 49'17" West with the West line of said Lot I -A -R a distance of 19.80 feet to a point for corner at the Northwest corner of said Lot I -A -R and the Southwest comer of that certain called 3,895 square feet of land described in Deed to State of Texas Judgment and recorded in Volume 1 1412, Page 13222 ofsaid Deed Records; THENCE South 61 ° 24'36" East with line North line of said Lot I -A -R and the South line of said 3,895 square feet tract a distance of 193.81 feet to a paint for corner at an angle corner in the North line of said Lot I -A -R saine being the Southeast comer of said 3,895 square feet tract and being in the South line of said Highway 820; THENCE South 48 °26'59" East with the North line o f s aid Lot 1 -A -R and the South line of said Highway 820 a distance of 272.11 feet back to the POINT OF BEGINNING and CONTAINING: 221,729 square feet or 5.159 acres of land, more or less. SITE PLAN nsarna uane rocea - r. ovv., �s z srm+r +.wrx NEW TRUCK DISPLAY AREA - & PRIVATE DRIVE <��. ie'i•�d&eo NO VEHICLE STORAGE p) ag mid I Itie' c EMPLOYEE N PAR�l s STORAGEe. .a. I � O rtx clrf� I: 1 i I 1111911- .r EMPLOYEE PARKING 0 ; SITE PLAN e vxx�u's °�wx'axe ro�.es 11L, NIF - IAA ceca*w�x crag ran e`:£E49uao�xo 14 *Ilb 4Mx� ni[5 SPECIAL USE PE IT REQUEST FOR PRE -OWNED CAR SALES ON 5 ACRES Y EMPLOYEE AND COSTSMER PARKINS) ^rn.awwwrrmnnrore e� ne •aa..ec �.m W 9wxlApcad �+.wasv o�w v>sisrew LANDSCAPE PLAN L oop NEW TRUCK DISPLAY AREA 820 PRIVATE DRIVE • —JVK.4 o G)=m �cm nm a NO VEHICLE STORAGE j -�� •- Z - - - s —j..i+ CUSTOFAER, EMPLOYEE \ gq i PARKING MMY9aa a� Roam n VEHICLE:,.u.c ` STORAGE s M& t 76 EMPLOYEE PARKING �l y� G)=m �cm nm a ELEVATIONS f `" "° ° `" " "" •� PHHVN8D C107E1 PRA OWNED CENTER � F n FT F n 02E%tBTING ELEVATICH PLAN CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -22 -2011 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject PUBLIC WORKS Council Meeting Date: 8 -22 -2011 Agenda No. E.0 No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -22 -2011 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City M'anager's Office Presented by: Karen Bostic Council Meeting Date: 8 -22 -2011 Agenda No. F.1 Subject: GN 2011 -065 Approve Settlement of Atmos Energy Mid -Tex RRM (Filing — Ordinance No. 3154 Summarv: On or about April 1, 2011, Atmos Mid -Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ( "RRM ") approved in 2007. This is the fourth annual RRM filing Atmos Mid -Tex has made under the RRM process. As a result of the negotiations, Atmos Cities Steering Committee ( "ACSC ") was able to reduce the Company's requested $15.7 million RRM increase to $6.6 million, allowing only incremental revenues necessary to cover direct costs associated with the steel service line replacement program approved by ACSC Cities in 2010. Staff is seeking City Council approval of the negotiated settlement of Atmos' most recent RRM filing. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid -Tex's revenues effective September 1, 2011. The total monthly impact would be $0.31 to the average residential customer and $.088 to the average commercial customer. General Description: The latest Atmos Mid -Tex RRM filing sought a $15.7 million rate increase. The City worked with the Atmos Cities Steering Committee ( "ACSC ") to analyze the schedules and evidence offered by Atmos Mid -Tex to support its request to increase rates. Consultants working on behalf of ACSC cities also investigated the support for the Company's requested rate increase. As a result, ACSC was able to reduce the Company's requested $15.7 million RRM increase to $6.6 million, allowing only incremental revenues necessary to cover direct costs associated with the steel service line replacement program approved by ACSC Cities in 2010. All other relief requested by Atmos Mid -Tex was denied. While the evidence does not support the $15.7 million increase requested by the Company, ACSC consultants agree that the Company can justify an increase in revenues of $6.6 million, a result consistent with Cities' approval of a steel service line replacement program last year. The agreement on $6.6 million is a compromise between the positions of the parties. Steel Service Line Replacement: Under pressure from the Railroad Commission to establish a comprehensive program to replace service lines that contain steel which is subject to corrosion and leaks, ACSC worked with Atmos Mid -Tex in 2010 to establish a risk based approach to steel service line replacement that accomplishes the following goals: 1. Replace all service lines throughout the Mid -Tex Region with the highest degree of risk within two years; 2. Coordination between ACSC city members and Atmos Mid -Tex to minimize disruption of rights of way without compromising safety; 3. To minimize and spread the rate impact on customers of the replacement program, the service lines with little relative risk of leaks should be replaced over a 10- year period; and 4. Current recovery of incremental (above and beyond normal maintenance and repair addressed in RRM proceedings) direct (excluding Atmos Mid -Tex overheads) cost of service line replacement should be permitted as an adder to customer charges. Fulfillment of these goals in the 2010 case led to $00.15 and $00.41 added to residential and commercial customer charges, respectively. The annual customer charge adder to cover the steel service line replacement program may not exceed $00.44 and $1.22 for residential and commercial customers, respectively, prior to the entry of a Final Order in the next system -wide Statement of Intent rate proceeding. Neaotiated Resolution: The 2010 Settlement Agreement contemplated that the steel service line replacement program would be adjusted annually, but shall be capped at $00.44 cents for residential customers and $1.22 for commercial customers. The increase in this case is consistent with the caps contemplated last year for the steel service line replacement program, and nothing more. The tariffs to be approved by the Ordinance set monthly customer charges at $7.50 and $18.75 for residential and commercial customers, respectively. Because the commodity portion (volume /usage) of the rate will decline slightly from existing rates, the overall impact to the average customer is less than the adjustment to the customer charge. The total monthly impact to the average residential customer would be $0.31. The total monthly impact to the average commercial customer would be $0.88. The new rates are to go into effect on September 1, 2011. Pursuant to the RRM process, rates cannot change and the Settlement Agreement with Atmos Mid -Tex cannot be implemented without passage of rate ordinances by cities. The purpose of the Ordinance is to approve rate tariffs ( "Attachment A ") that reflect the negotiated rate change and to ratify a Settlement Agreement recommended by the ACSC Settlement Committee and Executive Committee. The alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission on the Company's current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. The ACSC Settlement Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. Recommendation: Approve Ordinance No. 3154 ORDINANCE NO. 3154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ( "CITY ") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ( "ACSC" OR "STEERING COMMITTEE ") AND ATMOS ENERGY CORP., MID -TEX DIVISION ( "ATMOS MID -TEX" OR "COMPANY ") REGARDING THE COMPANY'S FOURTH ANNUAL RATE REVIEW MECHANISM ( "RRM ") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ( "City ") is a gas utility customer of Atmos Energy Corp., Mid -Tex !Division ( "Atmos Mid -Tex" or " Company "), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ( "ACSC" or "Steering Committee "), a coalition of approximately 154 similarly situated cities served by Atmos Mid -Tex that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid -Tex service area (such participating cities are referred to herein as "ACSC Cities "); and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate Review Mechanism ( "RRM ") tariff that allows for an expedited rate review process controlled in a three -year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid -Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and WHEREAS, the Steering Committee and Atmos Mid -Tex agreed to extend the RRM process in reaching a settlement in 2010 on the third RRM filing; and WHEREAS, on or about April 1, 2011, the Company filed with the city its fourth annual RRM filing, requesting to increase natural gas base rates by $15.7 million; and WHEREAS, ACSC coordinated its review of Atmos Mid -Tex's RRM filing by designating a Settlement Committee made up of ACSC representatives, assisted by ACSC attorneys and consultants, to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid - Tex is unable to justify an increase over current rates except for undisputed costs of $6.6 million to cover the steel service line replacement program initiated in 2010; and WHEREAS, the ACSC Settlement Committee, as well as ACSC lawyers and consultants, recommend that ACSC Cities approve the attached rate tariffs "Attachment A" to this Ordinance), which will increase the Company's revenue requirement by $6.6 million to extend current recovery of incremental direct costs of the steel service line replacement program authorized by ACSC Cities in ordinances passed in 2010; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest. MOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Sectionl. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as Attachment A, are just and reasonable and are hereby adopted. Section 3. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of the ACSC Cities in processing the Company's rate application. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for bills rendered on or after September 1, 2011. Section 8. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of David Park, 'Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LB,J Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725. PASSER AND APPROVED this 22nd day of August, 2011. MI 1_1ir*16 Patricia Hutson, City Secretary 11 WK61Mk'I*] A d:1N IN: IW -111 k l Il:I I I Oscar Trevino, Mayor F-11:21:21 ZIGIVA =1 IN-11:1 11911;191 N r51 :1► I bl1 *011141 Wii George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Assistant City Manager MID -TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R — RESIDENTIAL SALES APPLICABLE TO: All Cities except the City of Dallas EFFECTIVE DATE: I Bills Rendered on or after 9/112011 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount 1 Customer Ch per Bill $ 7.56 per month Commodity Charge —All Mcf $ 2.5116 per Mcf i Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR, Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment. Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. MID -TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I C — COMMERCIAL SALES APPLICABLE TO: j Ail Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 811/2011 �- Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,060 Mcf. Type of Service Where service of the type desired by Customer Is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 16 . 75 per month f Commodity Charge -All Mcf $ 1.0217 per Mcf Gas Cast Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR, Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Pius an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. MID -TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: All Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 9/112011 Application Applicable to Industrial Customers with a maximum daily usage (MOU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Customer Charge per Meter First 0 MMBtu to 1,500 MMBtu Next 3,500 MMBtu All MMBtu over 5,000 MMBtu Amount $ 454.04 per month $ 0.2750 per MMBtu $ 0.2015 per MMBtu $ 0.0433 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable riders) Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or Interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Qady published for the applicable Gas Day in the table entitled "Daily Price Survey." MID -TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO. All Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 91112011 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Pfatts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service- Sp eci a I Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID -TEX DIVISION ATMOS ENERGY CORPORATION �TE SCHEDULE: T— TRANSPORTATION APPLICABLE TO: All Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 91112011 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Customer Charge per Meter QLIFI Ail -3i Z7i�7 +i +Ir4[�1 =3 Next 3.500 MMBtu All MMBtu over 5,000 MMBtu Amount $ 450.00 per month $ 0.2750 per MMBtu $ 0.2015 per MMBtu $ 0.6433 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part {b} of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable riders). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. MID -TEX DIVISION ATMO5 ENERGY CORPORATION RATE SCHEDULE T— TRANSPORTATION APPLICABLE TO: All Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 9/112011 Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or {ii} 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas pally published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint' or 'common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published. Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required, Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8 -22 -2011 Presented by: Larry Koonce Agenda No. F.2 Subject: GN 2011 -066 Amend Chapter 78 of the North Richland Code of Ordinances and Appendix A modifying utility rates and certain other changes - Ordinance No. 3155 Summary The Texas Administrative Code, Title 30 Rule 288.2 establishes specific criteria that Municipal Users shall include in their conservation plan. Below are excerpts from the Code: • A water rate structure which is not promotional, i.e. a rate structure which is cost based and which does not encourage the excessive use of water. • Contain conservation oriented water rates and water rate structures, such as uniform or increasing block rate schedules and f or seasonal rates, but not flat rate or decreasing block rates As the City of North Richland Hills current rate structure is a flat rate which does not discourage excessive use of water, the City commissioned an independent Water and Sewer Cost of Service and Rate Design Study to examine the base and volume rates for water and sewer and explore several rate design considerations to promote water conservation as prescribed in the Texas Administrative Code. The Study was conducted by Keith Reed of Reed Municipal Services, Inc, and presented to the City Council during the February 14, 2011 Council work session, the mid -year budget review in June and the budget work session in August. To conduct the study, a test year's (Fiscal year 2008 -09) data by customer class was used to establish usage patterns and to make future usage projections. In addition, budget estimates for the annual operating budgets for fiscal years 2010 -11, 2011 -12 and 2012 -13 were used to determine the revenue requirements for the three -year period. The budget estimates were offset by revenues other than water and sewer sales. General Descrit)tion: Water: The study recommends that the City continue with a base rate that includes 267 cu. ft (or 1,997 gallons) per meter unit equivalent (MUE) within the base rate, but change the rate design to establish a two step volume charge for all customer classes. Irrigation rates were established with a base rate and a volume rate for all consumption. The proposed rate design with base and two step volume rates included in the ordinance is based on the results of the study. Wastewater: The study recommends an increase in the base and volume charges but no changes to the rate design. The proposed wastewater base rate is increasing by a larger percentage partly due to the fact that the base rate has only increased by $.05 during the past 15 years. As a result, the base rate has not increased to keep up with the growing costs of services. To minimize the affect on customers, the ordinance phases in the rate adjustments over a three -year period, and uses the Rate Stabilization Reserve to soften the impact. By using the reserve, the City can lessen the impact of a rate increase on customers. The ordinance makes the rate change effective October 1 st in conjunction with the start of the fiscal year. Following are the proposed rates for customers with 1 / " meters with an effective date of October 1, 2011: WASTEWATER RATES: Single Family Residential Minimum charge per unit $7.27 $7.70 $8.12 $8.39 Volume charge per 100 cubic feet $1.17 $1.30 $1.42 $1.54 Volume based on winter quarter average, capped at Z500 caft. Apartment Complex, Small Multi - Family Units & Mobile Horne Parks: Minimum charge per unit $7.27 $7.70 $8.12 $8.39 Current 2011- 2012- 2013 - Rates 2012 2013 2014 RESIDENTIAL: WATER Single Family 314" Meter, minimum for 0 - 267 per 100 cubic feet $9.30 $9.52 $9.75 $10.00 Step 1: 268 - 3,000 per 100 cubic feet $2.69 $2.81 $2.95 $3.10 Step 2: 3,001 & over per 100 cubic feet. NIA $2.84 $3.01 $3.16 Irrigation - Sprinkler System, per 100 cubic feet, All Usage NIA $2.87 $3.04 $3.18 Apartment Complex, Small Multi - Family Units & Mobile Home Parks: Unit minimum charge, unit minimum volume of 0 - 267 cubic feet $9.30 $9.52 $9.75 $10.00 Step 1: 268 -3,000 per 100 cubic feet $2.69 $2.81 $2.95 $3.10 Step 2: 3,001 & over per 100 cubic feet NIA $2.84 $3.01 $3.16 Irrigation - Sprinkler System, per 100 cubic feet, All Usage NIA $2.87 $3.04 $3.18 C©MMERCIALIINDUSTRIAL: WATER Commercial Multi -Unit Unit minimum charge, unit minimum volume of 0 - 267 cubic feet $9.30 $9.52 $9.75 $10.00 Step 1: 268 -1,300 per 100 cubic feet $2.69 $2.81 $2.95 $3.10 Step 2: 1,300 & Over per 100 cubic feet NIA $2.84 $3.01 $3.16 Irrigation - Sprinkler System, per 100 cubic feet, All Usage NIA $2.87 $3.04 $3.18 All other Commercial /Industrial Classes 314" Meter, minimum for 0 - 267 cubic feet $9.30 $9.52 $9.75 $10.00 Step 1: 268 -1,300 per 100 cubic feet $2.69 $2.81 $2.95 $3.10 Step 2: 1,300 & Over per 100 cubic feet NIA $2.84 $3.01 $3.16 Irrigation - Sprinkler System, per 100 cubic feet, All Usage NIA $2.87 $3.04 $3.18 WASTEWATER RATES: Single Family Residential Minimum charge per unit $7.27 $7.70 $8.12 $8.39 Volume charge per 100 cubic feet $1.17 $1.30 $1.42 $1.54 Volume based on winter quarter average, capped at Z500 caft. Apartment Complex, Small Multi - Family Units & Mobile Horne Parks: Minimum charge per unit $7.27 $7.70 $8.12 $8.39 Volume charge per 100 cubic feet, all usage All other Commercial /lndustrial Classes Minimum charge per unit Volume charge per 100 cubic feet, all usage $1.17 $1.30 $1.42 $1.54 $7.27 $7.70 $8.12 $8.39 $1.17 $1.30 $1.42 $1.54 The impact of the proposed water and sewer rate changes on the average residential customer with a %" meter using 9,000 gallons per month of water would be $3.34 per month beginning in October 2011, which is a 4.35% increase. In October 2012, the average customer would see an additional increase of $3.37 per month or 4.22 %. In October 2013, the increase would be $3.37 or 4.04 %. These amounts are averages and will vary by customer by month depending on actual water usage. Even with the proposed rate increases and redesign, a survey of surrounding cities shows that the new rate design will remain competitive. The base and volume water and sewer rates included in this revised ordinance do not include the pass through rates which are passed on directly from TRA and the City of Fork Worth to the City of NRH as a wholesale customer. Section D of NRH Ordinance 1965 allows that "any future changes in the City's cost of water purchased and wastewater treatment from the City's suppliers will be passed through to the City's customers." The City of Fort Worth and TRA are passing on an additional $573,371 in water service charges in fiscal year 2011 1 2012. There is no anticipated increase in wastewater treatment costs to be passed on to the City in 201' 1 1 2012. The additional water cost will result in an increase to the average monthly bill of a residential customer using 9,000 gallons of $1.56 or 2% effective October 1, 2011. Information regarding the rate increases will be communicated to customers through the City Cable Channel, the City Website and the "News & Notes" insert in the Utility bills. Additional Chapter 78 Ordinance Changes: In preparation for the rate study, staff reviewed Chapter 78 of the ordinance and is recommending the following changes to meet current business practices. Attached is an ordinance reflecting the old information and the recommended changes below. Sec. 78 -171. Calculation of the der)osit. Change - to amend the language to match what is reflected in Appendix A and to add language to address deposit increase due to Multi - family customers (Apartment/Trailer Parks) delinquency. Sec. 78 -176. Delinquencv, discontinuation of service, notice and reconnection Change - To change the language on when to pursue discontinuation of service for delinquent accounts; to change the language regarding returned checks to include all non -cash payments; to provide for notices to residential tenants of multi - family customers (Apartments /Trailer Parks) of pending disconnection and to establish a fee for the notices. Sec. 78 -177. Liens. Change - to change wording to adequately describe the $50 fee for lien filing. Sec. 78 -181. & Sec. 78 -182 Change - to change 'language to address returned non -cash payments Appendix A -- Sec. 78- 290(a) Charges and deposits for connections to existing water mains and laterals & Sec- 78- 290(b) Sewer service deposit and fees Change - to remove deposit fee information and refer to deposit schedule. In addition add "Building contractor, floating meter deposit" to the deposit schedule in 78 -171 and add language to separate and calculate the deposit for a residential floating meter deposit and a commercial strip center floating meter deposit. The floating meter deposit is used by landlords or management companies for "make ready" purposes until the tenant takes possession of the property and places their own deposit. Recommendation: Approve Ordinance No. 3155 ORDINANCE NO. 3155 AN ORDINANCE AMENDING CHAPTER 78 AND APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING FOR NOTICE TO TENANTS OF RESIDENTIAL PROPERTY OF INTENT TO DISCONNECT FOR DELINQUENCY; FOR DISCONTINUATION OF CITY UTILITY SERVICE FOR NON - PAYMENT; FOR ADMINISTRATIVE FEES, CHARGES AND LIENS AGAINST NON - HOMESTEAD PROPERTY FOR DELINQUENT PAYMENTS; FOR INCREASING WATER AND SEWER RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 402.017. Texas Local Government Code, provides that home rule municipalities may take necessary action to operate and maintain water systems and may require water customers to pay charges imposed for water furnished; and WHEREAS, Section 402.0025, Texas Local Government Code, provides for Liens to be filed against non- homestead property for unpaid City utility bills; and WHEREAS, current regulations do not provide for notices to residential tenants of multi - family customers nor for charges and fees for notices and cost of lien filing; WHEREAS, staff analysis of rates and charges for water and sewer service has indicated a need to increase such rates and charges; and WHEREAS, staff has recommended and the City Council has concurred that such increases should be phased in over a period of time; and WHEREAS, the City Council finds that the increases hereinafter established are required in addition to pass through charges from the City's water suppliers and wastewater treatment providers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 78 -171 of the North Richland Hills Code of Ordinances is hereby amended by changing the language there to read as follows: Section 78 -171 fro roq�irod 6opocitwill be b&aad Commercial security deposits are based on historical average consumption using not less than 12 consecutive months of data, computed using the current city water and wastewater rates. The required deposit will be 4-.4 two times the average bill. If no recent historical data is available, the deposit will be taken from Appendix A. All residential customers will use the deposits established in Appendix A. If a residential or commercial customer seeks to re- establish service and there is evidence of non - payment on a prior account or if an account is disconnected for nonpayment three times within a 12 -month period, a deposit in an amount equal to double the deposit established in Appendix A is required to activate or continue service. If a Multi- family (ApartmentlTrailer Park) is disconnected at any time for non - payment, a security deposit of twice the customer's highest bill shall be required as a condition of reconnection.» Section 2: THAT Sections 78 -176 and 78 -177 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 78 -176. - Delinquency, discontinuation of service, notice and reconnection (a) Generally. All charges for services billed by the city utility department shall be due when billed and delinquent 20 days from the date mailed. (b) Discontinuance of service. Service under this chapter to any customer will be d+sseRtF cftcr 21 s,,-yc from &l 3 data of any bill 39nta ining a dalinq:.-,nt ti, anec subject to disconnection thirty (30) days after the date any bill is mailed if not paid in full. (c) Reasons for discontinuance. Service under this chapter will be discontinued without notice for any of the following reasons: (1) Failure to pay a delinquent account for utility services or failure to comply with the terms of a deferred payment agreement; (2) °a nt with 2 cheek the ha be en ra+i nag f e r inguf#+s+ent Bind,, 313oad aaosunt or stop paym ; Non -cash payment which has been returned unpaid or declined for any reason; (3) Failure to pay deposit; (4) Failure to pay charges for water or sewer service provided by another city to a customer in this city, (5) Failure to pay charges for sanitation service, (6) Tampering with meter or bypassing; (7) Reconnection by anyone other than an authorized city employee; or (8) Unauthorized usage. (d) PiGtioo .1 dafi.W& Notices. A natiaa 9f deliR�- , efl !1^ "nt after 21 rl'.. f thIJ dste-3f initial b ;ii� A notice of delinquency will be sent after 30 days from the date of initial billing. A notice will be sent to each residential tenant of a multifamily customer of a pending disconnection and a charge will be made to the multifamily customer for such notices in the amount set out in Appendix A. (e) Continuation or reconnection. Service shall not be continued or reconnected until all current and delinquent charges, together with the penalties as established by this section, have been paid. Sec. 78 -177. - Liens. (a) Lien established, exception. Except as provided in subsections (b) and (c) of this section, a lien is hereby established against an owner's property, unless it is a homestead as protected by the Texas Constitution, for delinquent bills for municipal utility service to the property. (b) Rental property. The city's lien shall not apply to bills for service connected in a tenant's name after notice by the property owner to the city that the property is rental property. (c) Application to prior bills. The city's lien shall not apply to bills for service connected in a tenant's name prior to the effective date of the ordinance from which this article derives. (d) Recording of lien. The city's lien shall be perfected by recording in the real property records of the county where the property is located a notice of lien containing a legal description of the property and the account number for the delinquent charges. The lien shall include a pona an administrative charge of $50.00, interest at eight percent per annum, and collection costs. (e) Priority of lien. The city's lien is inferior to a bona fide mortgage lien that is recorded before the recording of the lien provided for herein in the real property records of county. The lien herein is superior to all other liens, including previously recorded judgment liens and any liens recorded after the lien provided for herein. Section I THAT Sections 78 -181 and 78 -182 of the North Richland Hills Code of Ordinances are hereby amended to read as follows: "Sec. 78 -181. PretNrr/_-d ohlc-alc fee Returned or declined payment fee. Al�- ctvrr`d ohoolcs requ;ro c hal4k4�g3. Th;c fc-- will bo peetod in thla s; IrparI.rmnI\ A handling charge will be imposed for each non -cash payment which is returned unpaid or declined. Such fee will be posted in the utility department. Sec. 78 -182. Retur ohraol( pro ^.. adurcc Returned or declined payment procedures. (a) Generally. Th wing prop F;y tr- any cvct 6kility J apartm nt wh ha given the department threo cr mer reti irngd rhor - i th o l the prorr3dipg 12 mon#I- period. The billing daprartm:nt m rofvcg. Qn se4e3ko for ocrvioa3 and roquirc vcoh pay+-nnnto for occv . Payments in cash may be required if three or more of the customer's non -cash payments have been returned unpaid or declined within the preceding 12 month period. (b) Cash 4epec t roq:�ix_�for and roocnncot fcc affcr ccrrici dic,3ontin5,--e4 for nonpayrn3#. Cash required after disconnection for nonpayment.. If service has been disconnected for nonpayment of a utility bill, the hi ling dopa,�rrrcnt may requiro a moh paymront for acrv s nd rvonno\3t fee- -pFi tc ractoring C/Mi✓3 if tho ouc�om/_-r hac givon thr -_� artrrrant tn 9 ,,,eFe- roturn ohrolcc within thl-- preooding 12 month period. and two or more non - cash payments have been returned unpaid or declined within the preceding 12 month period, the billing department may require payment in cash for services and reconnect fee as a condition of restoring service." Section 4: That Chapter 78 of Appendix A of the North Richland Hills Code of Ordinances is hereby amended by substituting therefore Exhibit A attached hereto and made apart hereof by reference. 02 loll Is 6_V1*X9U BU U 1453 Passed and approved on the 22th day of August, 2011. la F -AW U Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney I CHAPTER 78. UTILITIES EXHIBIT A I SeGbon 78-121 Water rate schedule Residential - Single Family: 1) Three- auarter -inch meter, minimum for 0 -267 cubic feet ... October 1, 2011 = 9.52, October 1, 2012 = 9.75, October 1, 2013 = 16.00 From 268 - 3,000 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2412 = 2.95, October 1, 2013 = 3.10 From 3,001 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (2) One -inch meter, minimum for 0 -446 cubic feet ... October 1, 2011 = 15.90, October 1, 2012 = 16.28, October 1, 2013 = 16.70 From 447 - 3,000 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2012 = 2.95, October 1, 2013 = 3.10 From 3,001 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (3) One and one -half -inch meter, minimum for 0--889 cubic feet ... October 1, 2011 = 31.70, October 1, 2012 = 32.47, October 1, 2013 = 33.30 From 890 - 3,000 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2412 = 2.95, October 1, 2013 = 3.10 From 3,041 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (4) Two -inch meter, minimum for 0- -1.423 cubic feet ... October 1, 2011 = 50.74, October 1, 2012 = 51.97, October 1, 2013 = 53.30 From 1424 - 3,000 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2012 = 2.95, October 1, 2013 = 3.10 From 3,001 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 Apartment/Multi Family: 1) Per Unit minimum of 0--267 cubic feet ... All meter sizes October 1, 2011 = 9.52, October 1, 2012 = 9.75, October 1, 2013 = 10.40 From 268 - 3,000 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2012 = 2.95, October 1, 2013 = 3.10 From 3,001 & over cubic feet, per 100 cubic feet... 10.00 October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 Commercial Multi -Unit: 3.10 1) Per Unit minimum of 0--267 cubic feet ... All meter sizes October 1, 2011 = 9.52, October 1, 2012 = 9.75, October 1, 2013 = 10.00 From 268 -1,300 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2012 = 2.95, October 1, 2013 = 3.10 From 1,300 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 All other Commercial/industrial Classes: 1) Three -auarter -inch meter. minimum for 0 -267 cubic feet ... October 1, 2011 = 9.52, October 1, 2012 = 9.75, October 1, 2013 = 10.00 From 268 -1,300 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2012 = 2.95, October 1, 2013 = 3.10 From 1,300 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (2) One -inch meter. minimum for 0 -446 cubic feet ... October 1, 2011 = 15.90, October 1, 2012 = 16.28, October 1, 2013 = 16.70 From 447 -1,300 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2012 = 2.95, October 1, 2013 = 3.10 From 1,300 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (3) One and one -half -inch meter. minimum for 0--889 cubic feet ... October 1, 2011 = 31.70, October 1, 2012 = 32.47, October 1, 2013 = 33.30 From 890 -1,300 cubic feet, per 100 cubic feet ... October 1, 2011 = 2.81, October 1, 2012 = 2.95, October 1, 2013 = 3.10 From 1,300 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (4) Two -inch meter. minimum for 0- -1,423 cubic feet October 1, 2011 = 50.74, October 1, 2012 = 51.97, October 1, 2013 = 53.30 From 1424 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (5) Three -inch meter. minimum for 0- -2.670 cubic feet ... October 1, 2011 = 95.20, October 1, 2012 = 97.50, October 1, 2013 = 100.00 From 2671 & over cubic feet„ per 104 cubic feet ... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (6) Four -inch meter, minimum for 0- -2,849 cubic feet ... October 1, 2011 = 101.58, October 1, 2012 = 104.03, October 1, 2013 = 106.70 From 2,850 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (7) Six -inch meter, minimum for 0- -8,899 cubic feet ... October 1, 2011 = 317.30, October 1, 2012 = 324.97, October 1, 2013 = 333.30 From 8,900 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 (8) Eiaht -inch meter, minimum for 0--16.020 cubic feet ... October 1, 2011 = 571.20, October 1, 2012 = 585.00, October 1, 2013 = 600.00 From 16,021 & over cubic feet, per 100 cubic feet... October 1, 2011 = 2.84, October 1, 2012 = 3.01, October 1, 2013 = 3.16 Irrigation - Sprinkler Systems, All Classes: 1) Three - quarter -inch meter. minimum ... October 1, 2011 = 9.52, October 1, 2012 = 9.75, October 1, 2013 = 10.00 Volume rate for all usage per 100 cubic feet ... October 1, 2011 = 2.87, October 1, 2012 = 3.04, October 1, 2013 = 3.18 (2) One -inch meter. minimum ... October 1, 2011 = 15.90, October 1, 2012 = 16.28, October 1, 2013 = 16.70 Volume rate for all usage per 100 cubic feet ... October 1, 2011 = 2.87, October 1, 2012 = 3.04, October 1, 2013 = 3.18 (3) One and one -half -inch meter, minimum ... October 1, 2011 = 31.70, October 1, 2012 = 32.47, October 1, 2013 = 33.30 Volume rate for all usage per 100 cubic feet ... October 1, 2011 = 2.87, October 1, 2012 = 3.04, October 1, 2013 = 3.18 (4) Two -inch meter. minimum October 1, 2011 = 50.74, October 1, 2012 = 51.97, October 1, 2013 = 53.30 Volume rate for all usage per 100 cubic feet ... October 1, 2011 = 2.87, October 1, 2012 = 3.04, October 1, 2013 = 3.18 (5) Three -inch meter, minimum ... October 1, 2011 = 95.20, October 1, 2012 = 97.50, October 1, 2013 = 100.00 Volume rate for all usage per 100 cubic feet ... October 1, 2011 = 2.87, October 1, 2012 = 3.04, October 1, 2013 = 3.18 (6) Four -inch meter, minimum ... October 1, 2011 = 101.58, October 1, 2012 = 1 04.03, October 1, 2013 = 106.70 Volume rate for all usage per 100 cubic feet ... October 1, 2011 = 2.87, October 1, 2012 = 3.04, October 1, 2013 = 3.18 (7) Six -inch meter, minimum ... October 1, 2011 = 317.30, October 1, 2012 = 324.97, October 1, 2013 = 333.30 Volume rate for all usage per 100 cubic feet ... October 1, 2011 = 2.87, October 1, 2012 = 3.04, October 1, 2013 = 3.18 TABLE INSET: Location in Code Description Fee Billing where only one user or bonding is tied to the same meter, per 100 cubic feet, minimum bill Effective Date: October 1. 2011 October 1. 2012 2.81 October 1. 2013 2.95 3.10 Where more than one user or building is bed onto the same meter, per month, for the first 267 cubic feet Section 78 -123 per Effective Date: unit minimum charge October 1. 2011 952 October 1. 2012 9.75 October 1. 2013 10-00 For apartment complexes and trailer parks, per month, minimum volume of 267 cubic feet Effective Date: Section 78 -124 per October 1. 2011 9.52 unit minimum charge October 1, 2012 9.75 October 1. 2013 1000 Section 78-125 Loading dock or tank truck customers, per 1,000 gallons 3.00 Section 78 -141 Sewer rates Minimum monthly service charge Effective Date: 770 October 1. 2011 October 1. 2012 8.12 October 1. 2013 8.39 Pius, monthly volume charge, per 100 cubic feet of water used, or wastewater produced Effective Date: October 1. 2011 1.30 October 1. 2012 142 October 1. 2013 1.54 Section 78 -146 Billing policy where more than one user or building is tied onto the same water meter For each customer unit for sewer, per month Effective Date: 770 October 1. 2011 October 1. 2012 8.12 October 1. 2013 . 8.39 Plus, monthly volume charge, per 100 cubic feet of water used Effective Date: October 1. 2011 1.30 October 1. 2012 1.42 October 1. 2013 1.54 Section 78 -149 Billing for apartment complexes and trailer parks. Monthly service fee 10.00 Plus, a monthly volume charge, per 100 cubic feet of water used by the apartment complex or trailer park Effective Date: October 1. 2011 1.30 October 1. 2012 1.42 October 1. 2013 1 Water and Sewer Deposits Commercial security deposits are based on historical average consumption using not less than 12 consecutive months of data, computed using the current North Richland Hills water and wastewater rates. The required deposit will be two times the average monthly bill. If no recent historical data is available, the deposit will be taken from the following schedule. Residential customers will use the Section 78-171 deposits established in the following schedule. If a residential or commercial customer seeks to re- establish service and there is evidence of non- payment on a prior account or if an account is disconnected for nonpayment three times within a 12 -month period, a deposit in an amount equal to double the deposit established in the following schedule is required to activate or continue service. If a Multi - family (Apartment/Trailer Park) is disconnected at any time for non - payment, a security deposit of twice the customer's highest bill shall be required as a condition of reconnection TABLE INSET: Customer Class Water Residential $60 *Commercial: Sewer Total Deposit Water Sewer Total without without with Deposit BODITSS BODITSS BODITSS with BODITSS $40 $100 3 /d" $70 $50 $120 $70 $200 $270 1" $200 $100 $300 $200 $275 $475 1.5" $380 $350 $730 $380 $700 $1,080 2" $800 $600 $1,400 $800 $1,200 $2,000 3" $800 $700 $1,500 $800 $1,300 $2,100 4 " -8" $3,300 $3,000 $6,300 $3,300 $6,000 $9,300 Multi - Family per $50 $30 $80 unit Building Contractor - Floating Meter Deposit: residential: Two times residential water and sewer deposit Commercial Strip Center: Four times residential water and sewer deposit TABLE INSET: (Code Description Amount Ica Cut -off charge 30.00 I DB Damage meter box 25.00 I LO Lock cut 30.00 I RC Returned check (fo be posted) I SC Service charge 10.00 I Aft After hours charge 2000 . I BP Meter bypass 50.00 I TF Transfer tee 10.00 I LR Out lock ring 30.00 I TT Tamper with transponder 50.00 I NF Notice of cutoff to a multi- family residential tenant 10.00 Section 78- 290 {a} Charges and deposits for connections to existing water mains and laterals Building contractor, standard request as See deposit schedule Section 78- 171 Building contractor, floating meter deposit =See deposit schedule Section 78 -171 Service charge applied to each meter 10.00 Failure to provide reading for fire hydrant meter, minimum per month, increased by $100 10000 for each subsequent month the meter is not read Connection fee for all services, estimated cost, plus 150.00 Locations where no part of service connection is existing, or previously paid for, but a 15000 distributions main is existing adjacent to the property to be served, non - refundable connection charge, plus Minimum street cut deposit Section Sewer service deposits and fees 78-2906} Meter Deposit Sewer service payment security deposit for each sewer connection Charge for right to connect to sewer system Where developer has paid for installation of sewer facilities Deposit for minimum street cut 100.00 9 See deposit schedule Section 78- 171 9 See deposit schedule Section 78- 171 400.00 50.00 100.00 CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: JoAnn Stout Council Meeting Date: 8 -22 -2011 Agenda No. F.3 Subject: GN 2011 -007 Amending Section 34 -131 pertaining to "Junk Vehicles" — Ordinance No. 3156 Summary For many years, our definition of "Junk Vehicle" has coincided with the definition in State Law. Recently, the State Legislature amended the definition of a "Junk Vehicle," making it easier to interpret and enforce. City Council is being asked to update our ordinance to match the recent changes in state law. General Description The current ordinance code compliance officers have been following defines a "junk vehicle" as a motor vehicle that is self propelled and: 1. Does not have lawfully attached to it: a) An unexpired license plate; or b) A valid motor vehicle safety inspection certificate; and is- 2 a) Wrecked, dismantled or partially dismantled, or discarded; or b) Inoperable and has remained inoperable for more than: 1. Seventy -two consecutive hours, if the vehicle is on public property; or 2. Thirty consecutive days, if the vehicle is on private property. That definition was very difficult to enforce because it could be interpreted to mean that a wrecked or dismantled vehicle is permitted if it has either a valid registration or inspection sticker. The State Legislature recently amended the definition of a "Junk Vehicle" as a motor vehicle that is self - propelled and: 1. displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and 2. is: a) Wrecked, dismantled or partially dismantled, or discarded; or b) Inoperable and has remained inoperable for more than: 1. Seventy -two consecutive hours, if the vehicle is on public property; or 2. Thirty consecutive days, if the vehicle is on private property. This new legislation is specific in that if the vehicle has an expired license plate, invalid motor vehicle inspection sticker or does not display a license plate or an inspection sticker, then it is considered a junk vehicle. This ordinance, if approved, will assist code compliance to address many of these vehicles that have been parked on private property and never moved for many years. Recommendation: Approval of Ordinance No. 3156 ORDINANCE NO. 3156 AN ORDINANCE AMENDING SECTION 34 -131 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND AMENDING THE DEFINITION OF THE TERM "JUNKED VEHICLE" TO CONFORM TO RECENT STATUTORY AMENDMENTS; ESTABLISHING A PENALTY FOR VIOLATION; AND PROVIDING FOR PUBLICATION WHEREAS, the City Council desires to amend the definition of junked vehicles contained in Chapter 34 of the Code of Ordinances to conform to the definition of junked vehicles contained in HB 1376 passed by the 82 " Legislature; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCJIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 34 -131 of the North Richland Hills Code of Ordinances be amended by amending the definition of the term "Junked vehicle" to read as follows: "Sec. 34 -131. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Junked vehicle means a motor vehicle that is self - propelled and: (1) displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and (2) Is: a. Wrecked, dismantled or partially dismantled, or discarded; or b. Inoperable and has remained inoperable for more than: 1. Seventy -two consecutive hours, if the vehicle is on public property; or 2. Thirty consecutive days, if the vehicle is on private property. Section 3: Any person, firm or corporation violating any provision of Chapter 34 of the Code of Ordinances as herein amended shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed (Five Hundred Dollars ($500.0{) ). Each day 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 of this ordinance as an alternative method of publication provided by law. f:1►1 9 111119 017- 1I`rI40 PASSED AND APPROVED this 22nd day of August, 2011. ATTEST: Patricia Hutson, City Secretary I was] Milt*]A9:1N[@]:IW- A l►INJ:III Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -22 -2011 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -22 -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 by: Council Meeting Date: 8 -22 -2011 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -22 -2011 Presented by: Councilman Tim Welch Agenda No. H.1 Subject: Announcements - Councilman Welch Announcements The new school year has begun and all motorists share the responsibility of making sure students arrive to school safely. The City of North Richland Hills reminds drivers to stop for school buses and slow down in neighborhoods where children are walking or riding bikes to school. You should also reduce your speed, and put down your cell phone, when driving through school zones. City Hall and other non - emergency City offices will be closed on Monday, September 5th, in observance of the Labor Day holiday. NRH20 and Iron Horse Golf Course will be open. Garbage and recycling will not be collected on Labor Day. Monday collections will shift to Tuesday and Tuesday collections will be made on Wednesday. The North Richland Hills Public 'Library invites residents to display their favorite quilts at a community quilt show on September 15 The show will also include a small display of quilts from the Trinity Valley Quilters Guild. For more information, please call the Library at 817 -427 -6814. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Gary Taylor — Planning & Development Department An apartment manager e- mailed to thank the city and inspector Gary Taylor for maintaining a positive relationship with the apartment communities. "Gary is a wealth of knowledge and a great resource," she said. "He is very nice to work with. He takes pride in his work and it shows." CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -22 -2011 Agenda No. H.2 Subject: Adjournment