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CC 2012-01-09 Agendas
L a 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, January 9, 2012 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Trail Signage and Identification Project (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 to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) B.3 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the central sector of the City C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland HA Is, Texas in compliance with Chapter 551, Texas Government Code on January 6, 2012 at Z % J p.m. r i \. �11 C d ft J11 0 As is ant ity Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — January 9, 2012 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, January 9, 2012 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order — Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Holiday Lighting Contest Winners presented by Councilman Whitson 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 the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of December 12, 2011 City Council Meeting NRH City Council Agenda — January 9, 2012 Page 2 of 4 B.2 PU 2012 -001 Authorize the Purchase of Turf Equipment for Iron Horse Golf Course and the Parks Department in the amount of $127,596.87 B.3 PU 2012 -002 Award Bid No. 12 -010 for Sewer and Water Pipe Material to Multiple Vendors B.4 GN 2012 -001 Approve Ordinance Revising Chapter 78, Article IV. Sanitary Sewer System of the North Richland Hills Code of Ordinances - Ordinance No. 3177 B.5 GN 2012 -002 Consider acceptance of a 2011 Homeland Security Grant #2011 -SR- 52356-01 in the amount of $1,689.27 for Community Emergency Response Team (CERT) training and equipment B.6 GN 2012 -005 Consider Approval of an Amendment to the Little Bear Creek Surface Use Agreement with Chesapeake Exploration, LLC, Providing for a .79 Acre Drill Site and Area of Surface Operations Expansion from 2.91 Acres to 3.70 Acres. B.7 GN 2012 -003 Amend Article IV of Chapter 58 - Code of Ordinances Authorizing the Acceptance of Fees, Fines and Other Charges by Credit Card and Setting Processing Fees - Ordinance No. 3181 B.8 PU 2012 -003 Award Bid # 12 -013 for Iron Horse Golf Course Section C Pump Station Improvements to C. Green Scaping, LP in the Amount of $84,700.00 C.0 Public Hearings C.1 ZC 2011 -06 Public Hearing and Consideration of a Request from Michael Morrow for a Zoning Change from AG Agricultural to R -1 -S Special Single Family on 7.69 acres in the Richardson Survey at 8801 Kirk Lane - Ordinance No. 3179 C.2 ZC 2011 -12 Public Hearing and Consideration of a Request from Keith Bertelsen for a Zoning Change from R -1 Single Family and C -1 Commercial to CS Community Services on Lots 15 & 16, Block 1, Thompson Park Estates located on 1.25 acres at 6417 & 6425 Precinct Line Road - Ordinance No. 3178 C.3 SUP 2011 -09 Public Hearing and Consideration of an Appeal Request from HHH Lube LLC for a Special Use Permit for an Automobile Lubrication Center with Limited Repair Services at 6417 Precinct Line Road - Ordinance No. 3180 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 NRH City Council Agenda — January 9, 2012 Page 3 of 4 F.1 GN 2012 -004 Consider Approval of a License Agreement and a Public Right -of -Way Use Agreement (Natural Gas Pipeline Crossing) with Texas Midstream Gas Services, L.L.C. for a 12 inch gas pipeline in the Little Bear Creek Corridor G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS - Councilman Lombard 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 January 6, 2012 at 2' p.m. si 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. NRH City Council Agenda — January 9, 2012 Page 4 of 4 City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 9, 2012 6:00 P.M. A.0 Discuss Items from Regular Citv Council Meetina A.1 Trail Sianaae and Identification Proiect (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 to consult with citv's attornev to seek advice about pendinq or contemplated litiaation; or a settlement offer: or on a matter in which the duty of the attornev to the aovernina bodv under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 1) State of Texas v. Citv of North Richland Hillis (No. 2011- 002840 -1); and 2) State of Texas v. Citv of North Richland Hills (No. 2011- 000462 -1) B.3 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the central sector of the Citv C.0 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. A.1 Trail Signage and Identification Project (15 Minutes) Presenter: Jason Moore, Park Planner Summarv: Jason Moore, park planner, will present an update and PowerPoint Presentation on the Trail Signage and Identification Project. General Description: The Parks Capital Improvement Budget includes funding for signage along the City's trail system. The signage provided under this program identifies each trail by name at the major trail- street intersections, provides for "You are Here" maps at selected locations and provides for one large sign with specific information about each trail at a selected location. The project budget also includes funding for the design and installation of '/4 mile trail markers on the Cottonbelt Trail, JoAnn Johnson Trail, North Electric Trail and Walkers Creek Trail. The markers will give trail users an opportunity to record the number of miles traveled in any given direction and also allow trail users to identify their location on the trail for emergency personnel and other safety considerations. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. 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 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.2 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) M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.3 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the central sector of the City M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 9, 2012 7:00 P.M. A.0 Call to Order — Mavor Trevino A.1 Invocation - Councilman Turnaae A.2 Pledae - Councilman Turnaae A.3 Special Presentation(s) and Recoanition(s) - Keep NRH Beautiful Holidav Liahtina Contest Winners presented by Councilman Whitson 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 the Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of December 12, 2011 Citv Council Meetina B.2 PU 2012 -001 Authorize the Purchase of Turf Eauipment for Iron Horse Golf Course and the Parks Department in the amount of $127,596.87 B.3 PU 2012 -002 Award Bid No. 12 -010 for Sewer and Water Pipe Material to Multiple Vendors B.4 GN 2012 -001 Approve Ordinance Revising Chapter 78, Article IV. Sanitary Sewer Svstem of the North Richland Hills Code of Ordinances - Ordinance No. 3177 B.5 GN 2012 -002 Consider acceptance of a 2011 Homeland Securitv Grant #2011 - SR- 52356 -01 in the amount of $1,689.27 for Communitv Emeraencv Response Team (CERT) traininq and equipment B.6 GN 2012 -005 Consider Approval of an Amendment to the Little Bear Creek Surface Use Aareement with Chesapeake Exploration, LLC, Providina for a .79 Acre Drill Site and Area of Surface Operations Expansion from 2.91 Acres to 3.70 Acres. B.7 GN 2012 -003 Amend Article IV of Chapter 58 - Code of Ordinances Authorizina the Acceptance of Fees, Fines and Other Charqes by Credit Card and Settinq Processina Fees - Ordinance No. 3181 13.8 PU 2012 -003 Award Bid # 12 -013 for Iron Horse Golf Course Section C Pump Station Improvements to C. Green Scapinq, LP in the Amount of $84,700.00. C.0 Public Hearinas C.1 ZC 2011 -06 Public Hearinq and Consideration of a Request from Michael Morrow for a Zonina Chanae from AG Aaricultural to R -1 -S Special Sinale Familv on 7.69 acres in the Richardson Survev at 8801 Kirk Lane - Ordinance No. 3179 C.2 ZC 2011 -12 Public Hearinq and Consideration of a Request from Keith Bertelsen for a Zonina Chanae from R -1 Sinale Familv and C -1 Commercial to CS Community Services on Lots 15 & 16, Block 1, Thompson Park Estates located on 1.25 acres at 6417 & 6425 Precinct Line Road! - Ordinance No. 3178 C.3 SUP 2011 -09 Public Hearina and Consideration of an Appeal Request from HHH Lube LLC for a Special Use Permit for an Automobile Lubrication Center with Limited Repair Services at 6417 Precinct Line Road - Ordinance No. 3180 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 2012 -004 Consider Approval of a License Aareement and a Public Riaht -of- Wav Use Aareement (Natural Gas Pipeline Crossina) with Texas Midstream Gas Services, L.L.C. for a 12 inch qas pipeline in the Little Bear Creek Corridor G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda :K1 =I►1 go] Ma►yi FIN 11010F_1011]1 701 go] - A&I' H.1 ANNOUNCEMENTS - Councilman Lombard H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. A.0 Call to Carder — Mayor Trevino M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. A.1 Invocation - Councilman Turnage M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. A.2 Pledge - Councilman Turnage M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Holiday Lighting Contest Winners presented by Councilman Whitson Presenter: Kathy Luppy, Keep NRH Beautiful Chairman Summarv: The Keep NRH Beautiful Commission will recognize residents for taking the time to decorate their yards and homes for the holiday season. General Description: Each winner will receive a certificate and a gift certificate. The winners are: AREA NAME AREA 1 Shara & Shannon Craft AREA 2 Kerrie Bourland AREA 3 Richard & Cynthia Ward AREA 4 Cory Kuhn AREA 5 Don & Betty Hill AREA 6 Javier Esquivel AREA 7 John & Joni Sears AREA 8 Thornton Cornell AREA 9 Bud Enright ADDRESS 3824 Diamond Loch West 7300 Deville Drive 4920 Skylark Circle 7208 Jamaica Way 6129 Winter Park Drive 7516 Chapman 83015 Thornbrook Court 7532 Bursey Road South 8117 Longtrail Drive M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. A.5 Removal of Item(s) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.1 Approval of Minutes of December 12, 2011 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the December 12, 2011 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — DECEMBER 12, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 12 day of December 2011 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Tim Welch Mayor Mayor Pro Tern, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 6 Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin Weegar Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Bob Weakley Information Services Assistant Director Gregory VanNieuwenhuize Assistant Public Works Director Jamie Brockway Purchasing Manager Craig Hulse Economic Development Director Dave Pendley Building Official Chris Swartz NRH20 Park Manager Andy Kancel Assistant Police Chief Rick Scott Police Captain Clayton Comstock Senior Planner Absent: Scott Turnage Council, Place 6 Call to Order Mayor Trevino called the work session to order at 6:02 p.m. A.0 Discuss Items from Reaular Citv Council Meetina There were no questions from Council. A.1 Discussion of State Mandate Requirinq Enforcement of the 2009 International Enerav Conservation Code Mr. Dave Pendley, Building Official, presented a PowerPoint presentation highlighting the 2009 International Energy Conservation Code (IECC) and Chapter 11 (energy provisions) of the 2009 International Residential Code for One & Two Family Construction (IRC). Mr. Pendley explained that the codes were mandated by the State and became effective for commercial construction on April 1, 2011 and will become effective for residential construction on January 1, 2012. Council was advised of significant commercial and residential changes. Significant commercial changes highlighted and discussed were: • Clarifies that IEEC standards cannot be mixed with ASHRAE standards. • Offers multiple compliance paths using Comm. Building Envelope Tables. • Requirements for roof /wall insulation in commercial buildings are updated. • Recessed lighting must be sealed to limit leakage. • Mandatory HVAC performance and system calculation requirements. • Updated tables listing minimum equipment efficiencies. • Updated requirements for Economizers. • Mandatory lighting controls for windowed rooms. • Mandatory master light switches at hotels. • HVAC designs no greater than 72° for heat and no lower than 75 ° for cooling. Preset to 70° heat; 78° cool. • Insulators to provide certification report posted in a conspicuous location. Must contain: - Initial thickness - Settled thickness - Settled R -value - Installed density Significant residential changes highlighted and discussed were: • Builders to provide compliance certificate posted on (or inside) electrical panel. Certificate must contain: - R- values of walls, floors, attics, crawlspaces, duct insulation - Window u- values - Window Solar Heat Gain Coefficients - Types /efficiencies of heating, cooling, water heating - Identify miscellaneous heating appliances (if provided) • Wood framed retainers required around pull -down stairs to provide full depth insulation around attic openings. • Pull down stairs to be weather stripped and insulated to required insulation levels. • Raised decking required to prevent insulation compression at storage and HVAC platforms. • HVAC ducts to be pressure tested for air leakage by a certified thirty -party testing company. • The building envelope to demonstrate air tightness by one of the following methods - Blower door test will be required by a 3rd party energy company verifying max. air leakage; or, - Pass specific visual inspection by staff. • Electrical resistance coils on heat pumps to have controls that prevent operation when the heating load can be met by the heat pump alone. • Heated pools and spas must have R -12 covers. • 50 % of all light bulbs must be high efficiency Council will consider during the regular council meeting an ordinance to adopt the 2009 International Energy Conservation Code and the energy provisions of the 2009 International Residential Code and bring the city in compliance with the State mandate. A.2 Iron Horse Golf Course 'FY 2011 Season Summary Mr. Antonio Evangelista, General Manager, Iron Horse Golf Course, presented a PowerPoint presentation highlighting the golf course's end of year report. Mr. Evangelista updated Council on some changes in staff, number of rounds played, revenue, projects and expenditures and new opportunities. The course saw an 8 % increase in rounds played and an overall increase of $145,882 in revenue over the previous year. Projects completed during 2011 include On Course Food & Beverage Improvements, On Course Restroom Improvements Irrigation Repairs and Improvements and Safety Railing on Hole 11 Bridge. Mr. Evangelista discussed the effects of the 820 construction on the golf course and the rounds played. The golf course's focus in the community included the utilization of the course by five local high schools, partnerships with local boy scouts, local high school horticulture programs, city employees' golf league, the (First Tee Program and local charity tournaments. Mr. Evangelista discussed other partnerships and future opportunities for the course. Council questioned if costs had been obtained to enclose the pavilion. Council was advised that staff is currently looking at options and costs for the pavilion and a report will be brought back to Council later. A.3 NRH20 2011 Season Summary Mr. Chris Swartz, NRH20 'Water Park Manager, presented a PowerPoint presentation highlighting the 2011 NRH20 season. Council was advised the park set both attendance and revenue records. Highlights of the report included: • Opening of the newest attraction — the Viper • Integrated the new point of sale system • Ranked #7 USA waterpark nationally by tripadvisor.com • Ranked #3 public waterpark "aterparks + Resorts Today • The park saw its 4,000,000th guest on Saturday, August 5th • Records - Single season attendance (Over 270,000) - Single season revenue (aver $4.6 million) - Single day attendance (aver £,000) on Friday, July 22nd - All on park sales single season revenue (Approximately $850,000) - Issued zero "rainchecks" for the entire season - Group Sales general groups single season revenue (Approximately $400,000) and daily group tickets (Over 1,250) 6.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code 6.1 Executive Session Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 1) State of Texas v. Citv of North Richland Hills (No. 2011- 002840 -1): and 2) State of Texas v. Citv of North Richland Hills (No. 2011 - 000462 -1) Mayor Trevino announced at 6:55 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.071 to consult with Attorney regarding pending litigation on 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 Adiournment Mayor Trevino announced at 7:014 p.m. that the Council would adjourn to the regular Council meeting. 10*ell1W'_1Zi 16111 k' D]101i1=1 =1 I I ► IL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order December 12, 2011 at 7:10 p.m. ROLL CALL Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney Absent: Scott Turnage Council, Place 6 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 2011 United Way Campaign Presentation made by Debbie Nix, United Way Chair. Ms. Debbie Nix, United Way Committee Chair, advised city employees raised a total of $30,503.00 during the City's 2011 United Way Campaign. Ms. Nix recognized the employee committee members and presented a check from the City's campaign to Ms. Paula Acosta, a Regional Director for United Way. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Texas Police Chiefs Association Foundation Presentation of Accreditation Certificate to the North Richland Hills Police Department Jimmy Perdue, Public Safety Director advised the North Richland Hills Police Department has received "Recognized Status with the Texas Police Chiefs Association Foundation's Best Practices Recoanition Proaram. The NRH Police Department began the process in 2010 to receive accreditation. An agency awarded "Recognized" status has undertaken a careful review of its policies, procedures, equipment, facilities and operations and has then requested an outside review to prove their compliance with the standards. An agency must meet or exceed all of the identified Best Practices for Law Enforcement to review the "Recognized" status. Mark Hafner, Police Chief for the City of Keller and the Texas Police Chef's Association Representative presented an accreditation certificate to Jimmy Perdue, Police Chief for the City of North Richland Hills. Chief Perdue recognized Assistant Chief Andy Kancel, Captain Rick Scott and Lieutenant Billy Privett for their work in achieving the goal. A.5 CITIZENS PRESENTATION Mr. William Dean Sayer, Sr., 5801 Crestwood Circle West, expressed concerns with the City hiring employees from outside the City. Mr. Sayer questioned why the City did not have a regulation that would require an employee to reside in the City within 90 days of employment. Ms. Barbara Noblit, 8717 Terrell Drive, questioned why a private geotech company, Dawson Geophysical Survey, has surface rights to her property. Mayor Trevino requested Mr. Pitstick, Director of Development, to contact Ms. Noblit and address her concerns. In response to the comments made by Mr. Sayer, Mr. Hindman advised State law does not allow the City to make residency a requirement for employment. Mr. Hindman cited the applicable section from the Local Government Code stating that a municipality may not require residence within the municipal limits as a condition of employment with the municipality. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 0 14 rem B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF NOVEMBER 14, 2011 CITY COUNCIL MEETING B.2 APPROVAL OF MINUTES OF NOVEMBER 21, 2011 SPECIAL CITY COUNCIL MEETING B.3 PU 2011 -047 AUTHORIZE PURCHASE OF REPLACEMENT MOBILE DATA COMPUTERS FOR THE POLICE DEPARTMENT AND MUNICIPAL COURT FROM PORTABLE COMPUTER SYSTEMS, INC. IN THE AMOUNT OF $253,616.72 B.4 PU 2011 -048 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH THE CITY OF TAYLOR COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS CA SUP 2011 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DAVID BRIGGS FOR A SPECIAL USE PERMIT FOR AN ACCESSORY STRUCTURE LARGER THAN 500 SQUARE FEET LOCATED AT 8912 AMUNDSON DRIVE - ORDINANCE NO. 3175 APPROVED Mayor Trevino opened the Public Hearing. Mr. David Briggs, 8912 Amundson Drive, applicant, presented his request for a Special Use Permit to build a structure in excess of 500 square feet. Mr. John Pitstick, Director of Development, summarized the request and presented the recommendations of Planning and Zoning Commission and Staff. The applicant is requesting to build a 30 -foot by 40 -foot (1,200 square feet), 12 -foot high metal building clad in brick with a slight- pitched roof (1:12) and concrete foundation. The proposed building will replace an 837 square feet red barn -like building with dirt floor. The applicant has indicated the primary purpose of the building will be for the storage of classic cars. The Planning and Zoning Commission recommended approval of the SUP as a brick clad building and staff supports approval of the request. Mayor Trevino called for comments in favor of or in opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED T© APPROVE SUP 2011 -08, ORDINANCE NO. 3175. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.2 TR 2011 -03 A PUBLIC HEARING TO CONSIDER AMENDING SECTION 118 -314 OF THE NORTH RICHLAND HILLS ZONING ORDINANCE TO ALLOW ONE FRONT ENTRY SINGLE CAR GARAGE SET BACK TWENTY FEET BEHIND THE FRONT BUILDING LINE FOR CERTAIN SINGLE FAMILY STRUCTURES IN THE R -1, R -2, AND R -3 ZONING DISTRICTS - ORDINANCE NO. 3160 APPROVED Mayor Trevino opened the public hearing and called on John Pitstick to present the item. John Pitstick, Planning and Development Director, summarized the item. The item is a public hearing and consideration of amending the Zoning Ordinance Section 118 -314 garage entry requirements by allowing one front entry single car garage set back twenty feet behind the front building line for certain single family structures in R -1, R -2 and R -3 zoning districts. While staff does not encourage front entry garages, staff is supportive of reducing the front entry setback for larger homes with 3 car garages. The proposed ordinance would require at least 2,500 square feet of air conditioned living space with 3 car garages and only allow a single wide garage facing the street frontage. Staff feels that this change would be a way to encourage 'larger upscale single family homes, allow larger backyards and not take away from the front architecture along the street. The Planning & Zoning Commission recommended approval of the amendment by a vote of 4 -0. Mayor Trevino called for anyone wishing to speak in favor of the request to come forward. Dustin Austin, 6505 Rock Springs Drive, North Richland Hills came forward stating that he was in favor of the change because builders could provide a larger floor plan with a bigger backyard. Mayor Trevino called for anyone wishing to speak against the request to come forward. There being no one wishing to speak against, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN SAPP MOVED TO APPROVE ORDINANCE NO. 3160.. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D.0 PLANNING & DEVELOPMENT No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 G 2011 -105 APPROVE ORDINANCE REVISING CHAPTER 98 OF THE CODE OF ORDINANCES AND ADOPTING THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE - ORDINANCE NO. 3174 APPROVED Dave Pendley, Building Official, summarized the item. Ordinance No. 3174 will bring the building code provisions of the North Richland Hills Code of Ordinances in -line with state mandated requirements by adopting the 2009 International Energy Conservation Code and Chapter 11 (energy provisions) of the 2009 International Residential Code for One and Two - Family Dwellings. Notable changes that will affect our builders: Residential Provisions: • HVAC designs no greater than 72° for heat and' no lower than 75° for cooling. No oversized units. • Insulators to provide certification report posted in a conspicuous location. Must contain: — Initial thickness — Settled thickness — Settled R -value — Installed density — Coverage area — Number of bags • Builders to provide compliance certificate posted on (or inside) electrical panel. Certificate must contain: — R- values of walls, floors, attics, crawlspaces, duct insulation — Window u- values — Window Solar Heat Gain Coefficients — Types /efficiencies of heating, cooling, water heating — Identify miscellaneous heating appliances (if provided) • Wood framed retainers required around pull -down stairs to provide full depth insulation around attic openings. • Pull down stairs to be weather stripped and insulated to required insulation levels. • Raised decking required to prevent insulation compression at storage and HVAC platforms. • HVAC ducts to be pressure tested for air leakage by a certified thirty -party testing company. • The building envelope to demonstrate air tightness by one of the following methods: — Blower door test will be required by a 3` party energy company verifying max. air leakage; or, — Pass specific visual inspection by staff. • Electrical resistance coils on heat pumps to have controls that prevent operation when the heating load can be met by the heat pump alone. • All HVAC thermostats must be programmable. • Heated pools and spas must have R -12 covers. • 50% of all light bulbs must be high efficiency. Commercial Provisions: • Clarifies that IECC standards cannot be mixed with ASHRAE standards. • Offers multiple compliance paths using Comm. Building Envelope Tables. • Requirements for roof /wall insulation in metal buildings are updated. • Recessed lighting must be sealed to limit leakage. • Mandatory HVAC performance and system calculation requirements. • Updated tables listing minimum equipment efficiencies. • Updated requirements for Economizers. • Mandatory lighting controls for windowed roams. • Mandatory master light switches at hotels. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE NO. 3174. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -8. F.2 GN 2011 -106 APPOINTMENTS TO NAMING BOARD APPROVED Mayor Trevino announced that the item was the annual appointments for the Naming Board and he would like to reappoint the same Council members. Patricia Hutson, City Secretary, named Council members Lombard, Whitson and Turnage as the three expired Council members. COUNCILMAN SAPP MOVED TO REAPPOINT COUNCILMAN LOMBARD, COUNCILMAN WHITSON AND COUNCILMAN TURNAGE TO THE NAMING BOARD. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 PU 2011 -049 AWARD CONTRACT FOR CONVERSION TO SOLAR POWER FOR CITY ENTRY WAY SIGNS TO HUNTER KNEPSHIELD IN THE AMOUNT OF $68,105.59 APPROVED Vickie Loftice, Managing Director, summarized the item. This item is to consider the award of a contract for the conversion of City Entry Signs from traditional electric power to "off- grid" solar power at the following five sign locations: Bedford - Euless Road Greenway; North Davis Boulevard; Harwood median; Little Bear Creek Park (North Tarrant Parkway ); and the west -end of Glenview Drive. The Local Government Purchasing Cooperative (BuyBoard) has contracts with vendors who provide material or installation through direct purchase on the BuyBoard. Hunter Knepshield, the only vendor supplying both material and installation through the BuyBoard, was requested to submit proposals for each entry sign location based on the solar equipment manufacturer's specifications and requirements. Pricing was developed and proposed independently for each location. After comparing pricing options for each location, staff recommends award of contract to Hunter Knepshield's for the conversion of City Entry Signs from traditional electric power to "off- grid" solar power at the five sign locations. COUNCILMAN RODRIGUEZ MOVED TO APPROVE PU 2011 -049. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.4 GN 2011 -107 AUTHORIZE THE CITY MANAGER TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT WITH TXDOT FOR THE DAVIS BOULEVARD LANDSCAPE IMPROVEMENTS BETWEEN MAPLEWOOD AND LOLA STREETS APPROVED Vickie Loftice, Managing 'Director, summarized the item. The City of North Richland Hills was awarded $181,000 in landscape improvements along Davis Boulevard (between Maplewood and Lola) by The Texas 'Department of Transportation Green Ribbon Program. The program did not require a funding share by the City and TxDOT is directly managing the construction of the project. Specifications for the project require that the installation contractor provide maintenance for a period of ninety days after completion of the project. Upon completion of the maintenance period, the City will accept the project and will become responsible for maintenance of the improvements. TxDOT's Landscape Maintenance Agreement allows the City of North Richland Hills to perform regular landscape maintenance of the landscape improvements within TxDOT Right -of- Way. Maintenance of this area is estimated to cost approximately $7,000 annually. Staff recommends authorization for the City Manager to execute a Landscape Maintenance Agreement with TxDOT for the Davis Boulevard Landscape Improvements between Maplewood and Lola Streets. COUNCILMAN LOMBARD MOVED To APPROVE GN 2011 -107. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORD SESSION AGENDA No action required. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. NRH 2012 Season Passes are now on sale. Purchase your pass before December 31' and receive a discount, plus a souvenir bottle and free tickets for friends. For more information, please call 817- 427 -6500 or visit www.nrh2o.com. City offices will be closed for the holidays on Monday, December 26 and Monday, January 2 Residential garbage and recycling collections will not change for the holidays. Monday collections will be made as normal The December 26 Cit Council Meeting has been cancelled. The next meeting is scheduled for January 9 at 7 p.m. Kudos Korner - Glynn Miller, Nick Lolless, Terry Scherer & Rachelle Edwards, Public Works Department. A resident called concerning clogged wastewater lines and a short time later called again to express his gratitude to those who promptly responded to the situation. He was impressed with how polite and courteous everyone was, from the staff who answered the phone, to the crew that showed up. He said this was the best experience he has had with any city. W.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:04 p.m. Oscar Trevino — Mayor I-r 9 r *16 Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.2 PU 2012 -001 Authorize Horse Golf Course and $127,596.87 the Purchase of Turf Equipment for Iron the Parks Department in the amount of Presenter: Thomas Powell, Fleet Services Director Summary: In the 2011 -12 adopted budget, $139,250 was allocated for replacing equipment for the Iron Horse Golf Course and $22,500 for replacing a Parks Department mower. This item is to authorize the purchase of turf equipment in the amount of $127,596.87. General Descriration: In the 2011 -12 adopted budget, Council approved funding in the amount of $139,500 to replace a beverage cart and turf equipment at the Iron Horse Golf Course and $22,500 for a replacement mower for the Parks Department. Most of the equipment averages a five to six year replacement cycle. The City of North Richland Hills is a member of several inter -local groups and utilized existing contracts with John Deere Dealerships through Texas Multiple Award Schedule and the Local Government Purchasing Cooperative (BuyBoard contract 373 -11) to request quotes on the equipment needed. The purchase will be made through the local dealership of Austin Turf & Tractor. The John Deere contract requires the purchase order for the John Deere equipment to be made out to John Deere and the local dealership of Austin Turf. A separate purchase order for the sod cutter and top dresser will be made out to Austin Turf & Tractor. In previous years the golf course has leased two Turf Gator type utility carts along with the regular golf carts. The current lease expires in August 2012 and it is more cost effective to purchase the two utility carts (as it was with the two beverage carts recently purchased by the golf course). One Turf Gator is being purchased now and funding for the second Turf Gator will be included in the 2012 -13 Budget. The following Department: items will be procured for the Iron Horse Golf Course and Parks 1 ea John Deere HD200 Sprayer 1 ea John Deere 5065M Tractor 1 ea John Deere 2030 Sprayer Gator 1 ea John Deere 2030 Progator 1 ea John Deere 1200 A Bunker Rake 1 ea John Deere Turf Gator 1 ea John Deere Zero Turn Mower (Parks) Sub -total John Deere $ 10,552.56 $ 25,365.74 $ 19,488.90 $ 21,039.66 $ 10,168.12 $ 7,986.99 $ 13.604.90 $108,2 06.87 1 ea Ryan Jr. Sod Cutter $ 5,145.00 1 ea Dakota 410 Top Dresser $ 14.245.00 Sub - total Austin Turf $ 19,390.00 Grand Total $127,596.87 The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Recommendation: To authorize the purchase of turf equipment for Iron Horse Golf Course and the Parks Department in the amount of $127,596.87 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.3 PU 2012 -002 Award Bid No. 12 -010 for Sewer and Water Pipe Material to Multiple Vendors Presenter: Jimmy Cates, Public Works Operations Manager Summary: Staff is requesting approval from Council to award Bid No. 12 -010 for sanitary sewer and water main pipe material to multiple vendors for best value. General: In the 2011/2012 approved budget, Council appropriated funds for the purchase of various sanitary sewer and water main pipe materials for replacement of broken or deteriorated lines in the city. These materials are used by the Public Works Department and are ordered and delivered on an as needed basis or picked up from the vendor's site. Funding for the material is budgeted accordingly in the annual operating budget through the Utility and Construction Divisions of Public Works. Notice of the city's intent to bid was advertised in local newspapers as required by State statute, and posted to the city's Website. Twenty one (21) vendors were contacted and invited to participate in this bid process. Bid specifications were viewed from the city's website by additional vendors. Seven (7) competitive bids were received from the vendors as listed below: Vendor Sections A Section B Section C Morrison $105,117.50 $28,805.00 $6,275.00 MSC Waterworks $121,041.00 $28,821.50 $5,879.00 HD Supply $132,315.50 $28.381.50 $5,145.00 Ferguson Waterworks $111,425.00 $28,979.00 $5,413.00 ACT Pipe & Supply $113,613.00 $28,776.80 $5,072.00 Atlas Utility Supply $116,554.00 $29,050.00 $6,570.00 Municipal Water Works $134,794.50 $29,524.00 $6,415.00 The Public Works and Purchasing Departments have evaluated all the bids and checked references for each of the vendors who submitted bids for the material. Public Works and Purchasing recommend awarding to the low bidder per section to obtain the best value for the city. Recommendation is being made to award Section "A" to Morrison Supply, Section "B" to HD Supply and Section "G" to ACT Pipe & Supply. Recommendation: To Award Bid No. 12 -010 for Sewer and Water Pipe Material to Multiple Vendors. CITY OF NOR tCta t FtLLZ PUBLIC VVORKS MEMO M. Jamie Brockway, Purchasing Manager FROM: Jimmy Cates, Operations Manager DATE: December 12, 2011 SUBJECT. BID PROPOSALS FOR SEWER AND WATER RIPE MATERIALS 12 -00 The Public Works Gay =her rent has reviewed the bid proposals for the 12 -010 Annual Contract for the Sewer and Water l ip: 3 Materials. The department recommends "Section A" of the Sewer and Water Pipe Mate �f bid be awarded to Morrison Supply Company in the amount of $106,117.50. The deparbnent recommends "Section 13 ", Hymax Couplings be awarded to HD Supply Waterworks in the amount of $28,381.60, and "Section C", Copper and Polypropylene tubing be awarded to ACT Wipe & Supply in the amount of $5,072.00.. The account numbers which will be used for the purchase of these materials are 405 -6005- 731.4342, 4015 - 6004 - 731.43 -41 and 407 -6007- 712.79 -00. The overall amount budgeted for the material is $140,000. The reason for the purchase of the pipe materials is to enable the department to make emergency repairs to the water mains and service lines in the City's distribution system. The Construction Division will be utilizing the materials to replace several segments of old, deteriorating water and wastewater lines and replace smaller diameter lines such as 2 and 4 inch for capacity improvements. All bids recommended are the lowest bids received for each section and meet the specifications of the department. Morrison Supply Company was the department's pipe supplier last year and has proven to be a dependable company. HD Supply Waterworks has been a parts and material supplier for the City for several years and have always been a reliable source. ACT Pipe & Supply was the departments copper and polypropylene tubing supplier last year and their service has been dependable as well. If you have any questions, please let me know immy Cites Public Works Operations Manager cc: Alan Knapp, Public Works tlft SupMntendent M RH COUNCIL MEMORANDUM From The Office of the City Manager Subject: Agenda Item No. 6.4 GN 2012 -041 Approve Ordinance Sanitary Sewer System of the Ordinances - Ordinance No. 3177 Date: 1 -9 -2012 Revising Chapter 78, Article IV. North Richland Hills Code of Presenter: Jimmy Cates, Public Works Operations Manager Summarv: Council is being asked to revise Chapter 78, Article IV Sanitary Sewer System of the Code of Ordinances due to regulation changes made by the City of Fort Worth, Commission on Environmental Quality (TCEQ) and the United States Environmental Protection Agency (EPA). The portions being revised specify the regulations for the city's Pretreatment Program General Description: Over the years, new regulations have been added or revised that impact the city's Pretreatment Program. When a wastewater treatment plant's permit is up for renewal, TCEQ requires the permit holder to revise, add, or amend the permit to meet the "Pretreatment Streamlining Rule" outlined in EPA's 40 CFR, Part 403 regulation. Since the city does not own /operate its own wastewater treatment plant it must contract with the City of Fort Worth for the treatment of its wastewater. Fort Worth just recently went through the process of updating and revising their permit renewal with TCEQ to meet the Pretreatment Streamlining Rule. Since the city discharges wastewater for treatment to the City of Fort Worth, North Richland (Hills must now revise its Pretreatment Program ordinance to meet the new federal and state regulations and the minimum requirements set by Fort Worth. There are eight (8) required regulation rule changes and six (6) optional rule changes revised by the ordinance. The required rule changes are as follows: Rule Change: Modifications to the Slug Control Plan Requirements Previously, the rules required the city to evaluate a significant industrial users (SIUs) need for a Slug Control Plan at least every two years. The revision reduced this requirement to allow the city to evaluate the need for a Slug Control Plan at least once or when major changes occur at the facility. The rule also requires that the Slug Control Plan be made part of the SIUs pretreatment permit. The general purpose of this rule is to provide guidance to SIUs for developing and implementing plans to prevent the accidental or inappropriate discharge of "Restricted" materials to the sanitary sewer system. Rule Change: Notification by Industrial Users Affecting the Potential for a Slug Discharge This rule change clarifies the notification requirements by SIUs of any changes at its facility affecting the potential for a slug discharge. SIUs are now required to "immediately" notify the city of any changes at its facility affecting its potential for a slug discharge. Rule Change: Definition of Significant Non - Compliance (SNC) Expanded The previous rule limited the types of standards and requirements that are to be considered when determining if an industry's violations meet the SNC criteria. This revision expands the types of requirements that can cause a facility to be in SNC to include pretreatment standards or requirements, including instantaneous limits on daily averages, daily maximums, or narrative standards. Rule Change: Use of Best Management Practices (BMPs) as Local Units The previous rule specified numeric discharge limits had to be applied to significant industrial users. The ordinance revision allows the city to specify treatment techniques, disposal practices, and other non- analytical controls within significant industrial users permit in lieu of specific parameter discharge limits. Rule Change: Requirement to Perform Repeat Sampling The (previous rule only required sampling and analysis within 30 days of becoming aware of a violation. The rule change now requires that when sampling performed by an industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation and the user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation. Rule Change: Use of Grab /Composite Sampling Protocols Previously, the rules required samples to be collected using flow - proportional methods unless such methods were not possible. The revision allows the city to exercise greater flexibility in what type of collection methods are used for periodic compliance monitoring as long as the sample method used produces a representative sample of significant industrial user discharges. Rule Change: Requirement to Report all Monitoring Data The previous rule only required categorical facilities to report all wastewater monitoring data. The revised rule change now requires that all significant industrial users subject to the pretreatment program submit all monitoring data. Rule Change: Signatory Requirements for Publicly {'awned Treatment Works (POTW) Reports Previously, only an elected official or the person in charge of the POTW was allowed to sign the annual POTW pretreatment program report. The revision changes this to allow pretreatment coordinators to sign the pretreatment report. The rule changes listed below are considered to be optional by TCEQ, but the City of Fort Worth requires the city to adopt these rule changes since the city discharges sanitary sewer to the treatment plant in Fort Worth and is a wholesale customer of Fort Worth for sewer treatment. Optional Rule Change: Significant Non - Compliance (SNC) Publication Requirements The previous rule required that SNC publications be made in the largest daily newspaper published in the city. Now the requirement is for the SNC publication to be made in the paper of general circulation within the jurisdiction that provides meaningful public notice. Optional Rule Change: Significant Non - Compliance (SNC) Application to Significant Industrial Users Only Previously, EPA interpreted the rules regarding SNC as applying to all industrial users, both minor and significant, on a pretreatment program. The revision clarifies that SNC applies only to Significant Industrial Users unless a minor industrial user causes pass - through or interference with the city's treatment plant, causes the city to exercise emergency authority to halt or prevent a discharge, endangers the health and welfare of sanitary sewer workers or the environment, or adversely affects the pretreatment program. Optional Rule Change: Significant Non - Compliance (SNC) for Late Reports Previously a facility was in SNC if a compliance report was more than 30 days late. The revision extends this time to 45 days. Optional Rule Change: Additional Classifications for Categorical Industrial Users Previously the pretreatment regulations classified industries following under the categorical pretreatment standards as simply Categorical Industrial Users (CIU). All categorical facilities, no matter how large or small, were required to meet the requirements outlined in the federal code. This rule revision creates two additional classifications, namely Non- Significant CIUs and Non- Significant IUs. Optional Rule Change: Best Management Practices (BMP) The previous rule on BMPs in lieu of pretreatment standards applied to a few categorical industries such as metal finishers, pesticide formulators, and transportation and equipment cleaning. The revision allows the city to develop BMPs as local limits to target specific waste streams such as cooling towers, photo and x -ray development, and specific facilities such as auto repair, mortuaries, dental offices, and restaurants. The city also has a contract with the Trinity River Authority (TRA) for treatment of wastewater. TRA has started their process for their permit renewal which will take about a year and the city may be required to update the Pretreatment Program and revise this Article of the Code of Ordinances in order to comply with TRA's new requirements. TRA may have different limits for the discharge of pollutants and other local regulations that are different than Fort Worth. The city cannot wait until TRA is finished with their permit process. Certain sections of the city's wastewater discharges into the Fort Worth system and therefore to be incompliance with 'Fort Worth's regulations, the city must adopt these regulations before January 15, 2012. Recommendation: Approve Ordinance No. 3177. ORDINANCE NO. 8177 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AMENDING CHAPTER 78, ARTICLE III OF THE NORTH RICHLAND HILLS CITY CODE (1992), AS AMENDED, REQUIRING PERMITS TO DISCHARGE INDUSTRIAL WASTE INTO THE NORTH RICHLAND HILLS SANITARY SEWER SYSTEM; AUTHORIZING THE OPERATIONS MANAGER OF THE PUBLIC 'WORKS TO PROMULGATE REGULATIONS PERTAINING TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING ORDINANCE NO. 14 (1991); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills (the `City ") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that the unregulated transportation and discharge of liquid waste presents a hazard to the public health, safety, and welfare of the citizens of the City; and WHEREAS, the City provides waste water utility service through wholesale wastewater contracts with the City of Fort Worth and the Trinity River Authority; and WHEREAS, these wholesale waste water contracts provide that the City, as a wholesale customer, agreed that it would comply with all permit conditions in any way relating to the collection system and the discharge into the collection system; and WHEREAS, the Texas Commission on Environmental Quality has requested that the holders of TPDES permits and all jurisdictions contributing to their wastewater collection systems to make certain amendments and revisions to their respective industrial waste ordinances. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. The North Richland Hills City Code, Chapter 78, Article IV "Sanitary Sewer System ", is hereby amended by repealing the existing Article IV and adopting a new Article IV to read as follows: "ARTICLE IV. SANITARY SEWER SYSTEM 5ec.78 -211. Definitions. When used in this Article, these terms shall be defined as follows: Abnormal Sewage: Any Industrial waste discharged into the Authority's sanitary sewer which, when analyzed, shows by weight a Total Suspended Solids (TSS) concentration greater than 250 mg /L or a Biochemical Oxygen Demand (BOD) concentration greater than 250 mg /L. In addition, the Authority may judge independently a waste's suitability for discharge to the POTW that requires additional treatment, based upon BOD, TSS or other characteristics, as abnormal. Any waste in this classification must be made acceptable for discharge into the POTW as defined in this Article. Act: The Glean Water Act (33 U.S.C. 1251 et seq), as amended. Approval Authority: The Director of the Texas Commission on Environmental Quality ( "TCEQ "). Authority: The City of North Richland Hills, Texas. Authorized Representative of the Industrial User: Authorized representatives (Authorized Signatories) for wastewater discharge permit applications and for reports submitted under this Article are: (1) A responsible corporate officer, if the discharger submitting the application or report is a corporation. This includes the president, vice- president, secretary or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation. (2) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge ,permit or any control mechanism requirements; and where Authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (3) For a partnership or sole proprietorship, a general partner of the proprietor, respectively. (4) The principal executive officer or director having responsibility for the overall operation of the facility if the discharger is a federal, State or local governmental entity, or their agents. (5) A duly authorized representative of the individual designated in (1), (2), (3) or (4) above if: (a) the authorization is made in writing by the individual described above in (1), (2), (3) or (4); (b) the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates (such as a plant manager), or a position of equivalent responsibility, or 'having overall responsibility for environmental matters for the company; and (c) the written authorization is submitted to the City. (d) If an authorization is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the City prior to or together with any reports signed by an authorized representative. Best management practices (BMP): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 78- 213(e)(4) [40 CFR 403.5(a)(1) and (b)] and to prevent or reduce the pollution of the MS4 and waters of the United States. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty (20) degrees Centigrade, expressed as parts per million by weight or in terms of milligrams per liter. Bypass: The intentional diversion of waste streams or wastewater from any portion of a discharger "s wastewater treatment equipment or pretreatment facility. Categorical Industrial User: An Industrial User subject to a categorical Pretreatment Standard or categorical standard. Categorical Pretreatment Standards: Limitations on pollutant discharges to POTW's promulgated by EPA in accordance with section 307 of the Clean Water Act, that apply to specified process wastewaters of particular Industrial categories [40 CFR 403.6 and Parts 4054711. CFR: Code of Federal Regulations. City: The City of North Richland Hills, Texas. COD (Chemical Oxygen Demand): The measure of the oxygen - consuming capacity of inorganic matter present in the water or wastewater expressed in mg /L as determined by the amount of oxidant consumed from a chemical reflux. Such term does not, however, differentiate between stable and unstable organic matter, and therefore does not necessarily correlate with BOD. Combined Wastestream Formula (CWF): A procedure found in 40 CFR 403.0(e) for calculating fixed alternative discharge limits at Industrial facilities applicable when regulated process wastewater, subject to a categorical pretreatment standard, is mixed with non - regulated wastewaters prior to sampling. Composite Sample: A mixture of grab samples collected at the same sample point at different times and composed of not less than four samples. The series of samples may be collected on a time or flow proportional basis. (1) Time Proportional Composite Sample: A sampling method which combines discrete samples of constant volume collected at constant time intervals (e.g., 200 milliliter samples collected every half hour for a 24 -hour period). (2) Flow Proportional Composite Sample: A sampling method which combines discrete samples collected over time, based on the flow of the waste stream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which vary based on the stream flow [e.g., 200 milliliters of sample collected for every 5,000 gallons discharged]. The other method collects samples of varying volume, based on stream flow, at constant time intervals. (3) Flow proportional composite will be used only in locations that have the capability to measure flow during the sampling period. Contaminated: Contains a harmful quantity of any substance. Control Authority: The City of Fort Worth, Texas or the Trinity River Authority, as holders of the respective Texas Pollutant Discharge Elimination System (TPDES) permits and as holders of the wastewater contracts with the City of North Richland Hills. Cooling Water: The water discharged from any system of condensation such as air conditioning, cooling, refrigeration or water used as a coolant in cooling towers where the only pollutant is thermal. Discharge: In its verb form: to deposit, conduct, drain edit, throw, run, allow to seep or otherwise release or dispose; to allow, permit or suffer any of these acts or omissions. In its noun form: the product of any of these acts. Discharger: Any User discharging an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto. The term includes owners and occupants of such premises. Disposal: The discharge, deposit, injection, dumping, spilling, leaking or placing of Industrial, liquid or hazardous waste into or on land, water or the POTW. EPA: Environmental Protection Agency of the federal government. Existing Source: Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. Garbage: Animal and vegetable waste or residue from preparation, cooking or dispensing of food or from the handling, storage, and sale of food products and produce. Generator: A person who causes, creates, generates, or otherwise produces waste. gpd: gallons per day. Grab Sample: A sample which is taken from a waste stream on a one time basis with no regard to the flow of the waste stream and without consideration of time. The sample is collected over a period of time not exceeding 15 minutes. Hazardous Waste: Any liquid, semi- liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics is: (1) Identified as hazardous waste in 40 CFR Part 261; or (2) Identified or listed as a hazardous waste under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361. Indirect Discharge or Discharge: The introduction of pollutants into a PQTW from any non- domestic source regulated under section 307(b), (c) or (d) of the Act. Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources. Industrial User or User: a source of Indirect Discharge. Instantaneous Maximum Allowable Discharge Limit: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete grab or composite sample collected, independent of the Industrial flow rate and the duration of the sampling event. Interference: A discharge which, alone or in conjunction with a discharge or discharges from other sources: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Therefore is a cause of a violation of any requirement of the POTW's TPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act; or (3) Therefore is a cause of a violation of a wastewater contract for sewage disposal or of receiving water quality standards. Maximum daily average: The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a daily composite sample. The daily composite sample is the concentration of discharge of a pollutant measured during a calendar day or any 24 -hour period that reasonably represents the calendar day for purposes of sampling. May: Is permissive. mg /L: Milligram per liter. Monitored User: Commercial and Industrial Users which are not classified as Significant Industrial Users and do not discharge a significant amount of regulated pollutants on a regular basis. Monthly Average Limit: The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. New Source: Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (1) The building, structure, facility or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. (4) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment. (5) Construction of a new source under this definition has commenced if the owner or operator has; (A) Begun, or caused to begin as part of a continuous onsite construction program; (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (B) Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition. Non- significant Categorical Industrial User: For facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility, an Industrial User that is subject to categorical Pretreatment Standards may, at the sole discretion of the Operations Manager, be permitted as a Non- Significant Categorical Industrial User (NSCIU) if the following conditions are met: (1) The Industrial User, prior to City's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements, (2) The Industrial User annually submits the certification statement required in Section 78- 215(a)(4)(1)(ii) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement, and (3) The Industrial User never discharges any categorical process wastewater into the sanitary sewer. Normal Wastewater: Wastewater in which the average concentration of Total Suspended Solids is not more than 250mg /L and BOD is not more than 250mg /L, and which is otherwise acceptable to be discharged into a sanitary sewer under the terms of this Article. NPDES (National Pollutant Discharge Elimination System): National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency, and/or the permit program of the State agency delegated to act on the Environmental Protection Agency's behalf with an approved pretreatment program (e.g. TPDES or Texas Pollutant Discharge Elimination System.). North American Industry Classification System ( NAICS): A system used by the Federal Government for collecting and organizing industry - related statistics. The NAICS codes are updated every five years to stay current with industry developments. Noncontact Cooling Water: Water used for cooling which does not come into direct contact with raw materials, intermediate product, waste product, or finished product. O and M (or O&M): Operation and Maintenance. Operations Manager: The Operations Manager of Public Works of the City or his /her authorized representative. Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, and all other substances except sewage and Industrial wastes. Owner or Occupant: The person, firm, or public or private corporation, using the lot, parcel of land, building or premises connected to and discharging sewage, Industrial wastewater or liquid, into the sanitary sewage system of the City, and who pays, or is legally responsible for the payment of, water rates or charges made against the said lot, parcel of land, building or premises, if connected to the water distribution system of the City, or who would pay or be legally responsible for such payment if so connected. Over Load: The discharge of BOD /C ®D, solids or wastewater volume in excess of the POTW's capacity. Pass Through: The discharge of pollutants through the POTW into waters of the United States in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the PCTW's TPDES or NPDES permit. Permit: Wastewater Discharge Permit, issued to non - domestic dischargers into the sanitary sewerage system of the P©TW. Person: Any individual, business entity, partnership, corporation, governmental agency, political subArticle, or any agent or employee thereof. pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in grams per liter of solution; ; a measure of the acidity or alkalinity of a solution, expressed in standard units. Polluted Water: Water and/or liquid waste containing any of the following: a. Free or emulsified grease, and/or oil. b. Acids or alkalis. C. Phenols or other substances producing taste or odor in receiving water. d. Toxic or poisonous substances in suspension, colloidal state or solution. e. Noxious or otherwise obnoxious or odorous gases, liquids or solids. f. More than ten (10) mg /L of Total Suspended Solids or B ©D, or both. g. Color; either True or Apparent, exceeding fifty (50) units. h. More than 500 mg /L of dissolved solids, more than 250mg /L of chlorides or more than 250mg /L sulfates. A pH value of less than 5.5 or greater than 11.0 for discharges to TRA; and lower than 5.0 or Nigher than 12.0 for discharges to Fort Worth. Any water or wastewater not approved for discharge into Water of the State by the TCEQ. Pollutant: Dredged spoil, solid, waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and Industrial, municipal and agricultural waste discharged into water. POTW (Publicly Owned Treatment Works): A treatment works as defined by Section 212 of the Act, which is owned by the Control Authority. This definition includes any devices and systems used in the collection, storage, treatment, recycling and reclamation of sewage or Industrial wastes of a liquid nature and any other conveyances which convey wastewater to a treatment plant. Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer. Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment, other than a Pretreatment Standard, imposed on an Industrial User. Pretreatment Standard: The term "Pretreatment Standard," or "Standard" means prohibited discharge limits established pursuant to 40 CFR Part 403.5, categorical pretreatment standards, and local limits, including BMPs. Process wastewater: The water that comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, waste product, or wastewater. Public Sewer: Pipe or conduit carrying sanitary or storm wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the City. Public Works Utility Superintendent (or Superintendent): Public Works Utility Superintendent of the City, or This /her authorized representative. Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport Industrial waste and domestic sewage to the POTW. Sanitary Sewer Service: A sewer conveying wastewater from the premises of a User to the POTW. Septage: Wastes removed from a septic tank. Severe Property Damage: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can be reasonably expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Sewage: Water- carried human wastes or a combination of water - carried wastes from residences, business buildings, institutions and Industrial establishments, together with such ground, surface, storm or other waters as may be present. Shall: Is mandatory. Significant Change: An increase or decrease in the volume of wastewater discharged by more than twenty percent (20 %) from the data submitted in the permit application, or the deletion or addition of any pollutant regulated by the Authority or by a categorical standard. Volumes are those measured by the water service meter, a verifiable estimate, or a permanently installed effluent flow meter approved by the Authority. Significant Industrial User (SIU): (1) For facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility: (A) An Industrial User subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other Industrial User that: (i) discharges an average of 25,000 gallons per day or more of process wastewater to a PQTW (excluding sanitary, noncontact cooling or boiler b'lowdown wastewater); (ii) contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of a PQTW; or (iii) is designated as such by the Authority on the basis that the Industrial User has a reasonable potential for adversely affecting a PQTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6). (B) An Industrial User that is subject to categorical Pretreatment Standards may, at the discretion of the Operations Manager, be permitted as a Non- Significant Categorical Industrial User (NSCIU) based on a finding that the Industrial User never discharges categorical wastewater (excluding sanitary, non contact cooling and boiler blow -down wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met: (i) The Industrial User, prior to City's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements; (ii) The Industrial User annually submits the certification statement required in Section 78- 215(a)(4)(1)(ii) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and (iii) The Industrial User never discharges any categorical process wastewater into the sanitary sewer. (C) Upon a finding that a non - categorical Industrial User meeting the criteria for a significant Industrial User has no reasonable potential for adversely affecting a PoTW's operation or for violating any pretreatment standard or requirement, the operations Manager may at any time on its own initiative or in response to a petition received from a noncategorical Industrial User, and in accordance with 40 CFR 403.8(f)(6), determine such User is not a significant Industrial User. (2) For facilities discharging to Trinity River Authority Central Regional Wastewater System: (A) An Industrial User subject to categorical pretreatment standards and any other Industrial User that- (i) Discharges an average of twenty -five thousand (25,000) gallons per day or more of process wastewater to a POTW (excluding sanitary, noncontact cooling or boiler blowdown wastewater), (ii) Contributes a process waste stream which makes up five (5) ,percent or more of the average dry weather hydraulic or organic capacity of a POTW; or (iii) Is designated as such by the Authority on the basis that the Industrial User has a reasonable potential for adversely affecting a PoTW's operation or for violating any ,pretreatment standard or requirement. (B) Upon a finding that a non - categorical Industrial User meeting the criteria for a significant Industrial User has no reasonable potential for adversely affecting a POTW's operation or for violating any pretreatment standard or requirement, the Authority may at any time on its own initiative or in response to a petition received from a non - categorical Industrial User, determine such User is not a Significant Industrial User. Slug Load or Slug Discharge: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in this Article. A Slug Discharge is any Discharge of a non routine, episodic nature, including but not limited to an accidental spill or a non customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, local limits or Permit conditions. Standard Industrial Classification (SIC) Code: The codes which best describe the activities conducted at the facility or establishment. SIC codes are 4 digit numbers used by the Bureau of Census as part of a system to categorize and track the types of business activities conducted in the United States. The first two digits of the code represent the major industry group and the second two digits represent the specific subset of that group. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. Standard Methods: "Standard Methods for the Examination of Water and Wastewater ", a publication prepared and published jointly by the American Public Health Association, American Waterworks Association and the Water Pollution Control Federation, as it may be amended from time to time. State: The State of Texas. Storrs Sewer: All roads with drainage systems, streets, catch basins, curbs, gutters, ditches, watercourses and storm drains, which are designed or used for collecting or conveying storm water. Stone Water: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation including snowmelt. Total Suspended Solids (TSS): Solids that either float on the surface of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. Total Toxic Organics (TTO): The sum of masses or concentration of the toxic organic compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in Industrial Users' discharges at a concentration greater than 0.01 mg /L. Only those parameters reasonably suspected to be present, to be determined by the City, if any, shall be analyzed for with non - categorical industries. With Categorical industries, the list of TTOs is specific for every applicable federal category. TTO's will be sampled for as stipulated in the particular category or those parameters reasonably suspected to be present, to be determined 'by the City, where not stipulated. Texas Pollutant Discharge Elimination System (TPDES) Permit: Permit issued by the Texas Commission on Environmental Quality under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area -wide basis. Toxic Pollutant: Any substance that is identified as hazardous waste in 40 CFR Part 261 or established pursuant to 40 CFR Part 403. TRA: Trinity River Authority. Transporter: A person who owns or operates a vehicle used for the purpose of transporting waste, or a person who authorizes such operation. Upset: An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards established in this Article, due to factors beyond the reasonable control of the discharger and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. Any affirmative defenses to upset only apply to federal court actions as per Section 78- 216(g)(3). U.S.C: United States Code. User: A person who is a source of an indirect discharge. Waste: Rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural, commercial or Industrial activities. Wastewater: Liquid and water - carried Industrial waste and sewage from residential dwellings, commercial buildings, Industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the P©TW. Watercourse: A natural or man -made channel in which a flow of water occurs„ either continuously or intermittently. Waters of the State: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which contained within, flow through or border upon the State or any portion thereof. Sec. 78 -212. Purpose and policy; Administration. (a) This Article provides for prohibitions on discharges of certain substances into the public sewer system of the City from all sources, domestic, commercial, or Industrial. A further purpose of this Article is to set forth uniform requirements for Industrial dischargers into the Authority's wastewater collection and treatment systems, and to enable the Authority to protect the general public's health and POTW personnel in conformance with all applicable State and federal laws relating thereto, including the Clean Water Act. Parts of this Article are enacted pursuant to regulations established by the U.S. Environmental Protection Agency (EPA) as set forth in 40 CFR Part 403 and all applicable State and federal laws, including the Clean Water Act (33 United States Code 1251 et seq.) and as set forth in 40 C'FR Part 403. (b) All categorical pretreatment standards, lists of toxic pollutants, record - keeping requirements, Industrial categories and other standards and categories which have been or which will be promulgated by the EPA shall be incorporated as a part of this Article, as will EPA regulations regarding sewage pretreatment established pursuant to the Act, and amendment of this Article to incorporate such changes shall not be necessary. The Authority shall maintain current standards and regulations which shall be available for inspection and copying. (c) The objectives of this Article are: (1) To prevent the introduction of pollutants into the Authority wastewater system that will interfere with the normal operation of the system, including interference with the use or disposal of sludge, or contaminate the resulting sludge, (2) To prevent the introduction of pollutants into the POTW, and which will pass through the system into receiving waters or the atmosphere or which are otherwise incompatible with the system; (3) To improve the opportunity to recycle or reclaim wastewater and sludge from the system; (4) To provide for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; (5) To prevent the entrance of pollutants into watercourses within the City and to maintain the quality of water consistent with public health and enjoyment, (6) To ensure that the quality of wastewater treatment plant sludge is maintained at a level that allows its use and disposal in compliance with applicable statutes and regulations; (7) To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public, and (8) To enable the City to comply with its contracts with the City of Fork Worth and the Trinity River Authority; to enable the Trinity River Authority and the City of Fort Worth to comply with their NPDES or TPDES permit conditions, sludge use and disposal requirements, and any other Federal and State laws to which the POTW is subject. (d) The regulation of discharges into the Authority's wastewater system under this Article shall be accomplished through the issuance of permits, as specified in Section 78 -215, and by monitoring and inspection of facilities, according to this Article. (e) The Operations Manager shall have the authority to promulgate such administrative regulations that are consistent with this Chapter and necessary for the enforcement of this Article. (f) For the purpose of promoting consistency of enforcement throughout the City's jurisdiction and service areas, the Operations Manager shall promulgate an Enforcement Response Plan (ERP). (g) The Operations (Manager is authorized to administer, implement, and enforce the provisions of this Article. Additionally, the Operations Manager is authorized to mare inspections pursuant to this Article and to take enforcement action against violators. Sec. 78 -213. Prohibited discharges. (a) DISCHARGES TO STORM DRAINS AND WATERCOURSES It shall be unlawful for any person to discharge or cause to be discharged any wastewater into any storm drain or watercourse within the City, except for those persons with approved permits for such discharges. (b) GENERAL PROHIBITED DISCHARGES (1) No person shall discharge or cause to be discharged any storm water, surface water, ground water, artesian well water, condensate, de- ionized water, noncontact cooling water, roof runoff, subsurface drainage, and unpolluted wastewater or drainage from downspouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer. (2) Water from unpolluted industrial water or cooling water from various equipment shall not be discharged into sanitary sewers if an alternate acceptable means of disposal is available. If an alternate acceptable means of disposal is not available, such water may be discharged into the sanitary sewer with the approval of the City. (3) No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local Pretreatment standards or requirements. (c) PROHIBITED SEWER CONNECTIONS It shall be unlawful for any person to deposit or discharge into the sanitary sewer any liquid or solid waste, including trucked or hauled wastes, unless such deposit or discharge has been approved by the Authority. (d) SPECIFIC DISCHARGE PROHIBITIONS No person shall contribute or cause to be discharged directly or indirectly, into any public sanitary sewer any of the following described substances, materials, water or waste: (1) Temperature. Any liquid or vapor having a temperature higher than one hundred fifty degrees (Fahrenheit (150° IF), sixty -five degrees Centigrade (65° C) or a temperature which inhibits or interferes with biological activity in the POTW treatment plant. In no case shall wastewater be introduced which would have a temperature exceeding one hundred and four degrees Fahrenheit (104" F) or forty degrees Centigrade (40° C) upon entering the POTW treatment plant. (2) Solidifvinq Substance. Any water or waste which contains wax, grease, oil, petroleum oil, non'biodegradable cutting oil, products of mineral oil origin, plastic or other substance that will solidify or become discernibly viscous at temperatures between thirty -two degrees (32 °) to one hundred fifty degrees (150° F) Fahrenheit, thereby contributing to the clogging, plugging or otherwise restricting the flow of wastewater through the collection system; (3) Explosive. Pollutants which create a fire or explosion hazard in the sewer system or POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140° F) sixty degrees Centigrade (60° C) using the test methods specified in 40 CFR Part 261.21. This includes flammable or explosive liquids, solids or gases such as gasoline, kerosene, benzene, naphtha, etc., which by reason of their chemical properties or quantity may be sufficient, either alone or by interaction, to cause fire or explosion. (4) Obstruction. Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference, such as, but not limited to, ashes, cinders, asphalt, concrete, cement, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids; (5) Garbage. Any garbage that has not been properly comminuted or shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one -half (1/2) inch in any dimension; (6) Gases Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance and repair; (7) Sludge. Any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process as determined pursuant to criteria in this Article. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Resource Conservation and Recovery Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the sludge management method being used; (8) NPDES. Any substance which will cause the POTW to violate its NPDES or other disposal system permits, or the receiving stream water quality standards; (9) Obiectionable Color. Any substance with objectionable color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions; (10) Slugload. Any dump or slugload; (11) Hazard to human life. Any wastewater which causes a hazard to human life or creates a public nuisance; (12) Toxicitv Test. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test, (13) Swimmina Pool. Swimming pool drainage from private residential pools may not be discharged to the sanitary sewer system. Swimming pool drainage from public and semi - public swimming pools may be discharged to the POTW with the prior consent of the Authority. Swimming pool filter backwash may be discharged to the POTW, (14) Detergents. Detergents, surface- active agents, or other substances which may cause excessive foaming in the POTW; (15) Medical Waste. Medical wastes, except as specifically authorized by the Authority in a wastewater discharge permit, (16) Pollutants. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. (17) Interference. Any Pollutant, including oxygen- demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW. (18) Oils Petroleum oil, non - biodegradable cutting oil, or product of mineral oil origin in amounts that will cause Interference or Pass Through. (19) Trucked or Hauled Pollutants. Trucked or hauled pollutants, except at discharge points designated by the Authority in accordance with Section 78- 213(c). (20) PH. Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges. (21) Oil and crease. (A) For facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility: (i) Petroleum oil, non - biodegradable cutting oil, or non polar products of mineral oil origin in concentrations greater than two hundred (200) mg1L; or (ii) Visible free floatable polar oils, fats, or grease or a concentration greater than two hundred (200) mg /L in wastewater discharged from Industrial or commercial facilities into the POTW. (iii) In no case shall discharges in amounts that cause interference or operational problems with the POTW be allowed. (B) For facilities discharging to Trinity River Authority Central Regional Wastewater System: Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one -half (112) inch in any dimension of fats, oil and grease measured as total oil and grease in excess of two hundred (200) mg1L. (e) (22) BTEX BTEX concentration greater than 1.0 mg1L. (23) Gases Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of ten (10) parts per million. (24) Radioactive. Radioactive wastes or isotopes with a half -life or concentration exceeding limits established by the Authority in compliance with applicable State or federal regulations. (25) Toxics Toxic pollutants in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to pass through the treatment plant and impair aquatic life in receiving water, as expressed by the results of acute or chronic toxicity tests of the POTW effluent. (26) Gateaorical. Pollutants in excess of the limitations established in an applicable categorical pretreatment standard set forth in Title 40 of the Code of Federal Regulations. (27) Explosive. Wastewaters which emanate vapors causing the atmosphere in the sewer system to exceed twenty percent (20 %) of the lower explosive limit in the immediate area of the discharge. WASTEWATER LIMITATIONS No person shall contribute or cause to be discharged, directly or indirectly, into any sanitary sewer any wastewater containing or having: (1) Acids or alkalies. Acids or alkalies capable of causing damage to sewage disposal structures or personnel or having a pH value: (A) lower than 5.0 or higher than 12.0 for discharges to Fort Worth; or (B) lower than 5.5 or higher than 11.0 for discharges to TRA. (2) Local limits. Metals in the form of compounds or elements with total concentrations exceeding the following: INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT (mg /L) (A) 1.0 mg /L for discharges to Fort Worth; and (B) 0.5 mg /L for discharges to TRA. (4) Best Management Practices. The Operations Manager may develop Best Management Practices (BMPs), by ordinance or in individual wastewater discharge permits, to help implement Local limits and other pretreatment standards. (5) A person commits an offense if with criminal negligence the person processes or stores pollutants, substances, or wastewater prohibited by this section in such a manner that they could be discharged to the POTW. (f) ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLAN The Authority shall evaluate whether each SIU needs an accidental discharge /slug discharge control plan or other action to control Slug Discharges at the time of SIU determination or at least by the first year. All the activities associated with slug control evaluation and results are to be kept in the Industrial For Discharaes For Discharaes to TRA to Fort Worth Arsenic 0.2 0.25 Cadmium 0.1 0.15 Chromium 2.9 5.0 Copper 2.3 4.0 Lead 0.9 2.9 Mercury 0.0004 0.01 Molybdenum 0.8 No Limit Nickel 4.6 2.0 Selenium 0.1 No Limit Silver 0.8 1.0 Zinc 8.0 5.0 TTO 2.13 No Limit (3) Cyanide. Cyanide or cyanogen compounds (expressed as total Cn) in excess of: (A) 1.0 mg /L for discharges to Fort Worth; and (B) 0.5 mg /L for discharges to TRA. (4) Best Management Practices. The Operations Manager may develop Best Management Practices (BMPs), by ordinance or in individual wastewater discharge permits, to help implement Local limits and other pretreatment standards. (5) A person commits an offense if with criminal negligence the person processes or stores pollutants, substances, or wastewater prohibited by this section in such a manner that they could be discharged to the POTW. (f) ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLAN The Authority shall evaluate whether each SIU needs an accidental discharge /slug discharge control plan or other action to control Slug Discharges at the time of SIU determination or at least by the first year. All the activities associated with slug control evaluation and results are to be kept in the Industrial User file. The Authority may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Authority may develop such a plan for any User. An accidental discharge /slug discharge control plan shall address, at a minimum, the following: (1) Description of discharge practices, including nonroutine batch discharges, (2) Description of stored chemicals; (3) Procedures for immediately notifying the Authority of any accidental or slug discharge, as required by Section 78- 214(b); and (4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (g) INTERCEPTORS REQUIRED Where any wastewater may contain sand, grit, debris, undesirable wastes or oil and grease in excess of the allowable limit, appropriate interceptors to remove the aforementioned substances shall be provided and maintained by the person contributing to or causing the discharge, directly or indirectly, at his/her own expense and as required by the Authority. Such dischargers shall: (1) Direct all waste streams, which may contain oil, grease, sand, grit, and solids into an approved interceptor or other pretreatment device approved by the Authority. (A) All fixtures, equipment, and drain lines located in a facility's food preparation and clean up areas shall be connected to an interceptor. (B) The following types of equipment or fixtures shall be connected to a grease interceptor: pre -rinse or pre -wash sinks or sinks in dishwashing areas, dishwashers; two or three compartment sinks, wok stoves; garbage disposals; kitchen floor drains; floor sinks; mop sinks; food prep sinks; and hand sinks. (2) Provide equipment and facilities of a type, design and minimum capacity approved by the Authority. (A) Interceptors designed to remove oil and grease shall be designed to hold one hundred percent (100 %) of the discharger's estimated waste stream for a minimum of twelve (12) minutes. (i) The interceptor shall have a minimum of two compartments and a minimum of one baffle. (ii) The interceptor shall be capable of separation and retention of grease and storage of settled solids. (iii) The interceptor shall be designed, constructed, and installed for adequate load bearing capacity. (iv) A manhole cover shall be installed over each compartment of sufficient size to accommodate cleaning and maintenance. (v) The interceptor shall be installed in a location outside of the building. (vi) The interceptor size shall be based on the following calculation or as determined by the Authority. Total fixture waste stream' x 40% x 12 minutes = interceptor capacity 1 The total fixture estimated waste stream is determined by adding the diameters (in inches) of all drains discharging into the interceptor and multiplying this number by 7.5. 2 In gallons. (3) dischargers who discharge extraordinary amounts of abnormal waste may be required to have a higher than minimum capacity interceptor. (4) Locate the interceptor in a manner that provides ready and easy accessibility for monitoring, cleaning, and inspection. (5) Maintain the interceptor in an effective operating condition by completely cleaning the interceptor and removing all accumulated wastes quarterly (3 months) or at a greater frequency as needed to meet regulated discharge limits. (6) No chemicals, enzymes, bacteria, or other chemical grease- reducing agents shall be added to an interceptor. (7) Provide monitoring facilities as specified by the Authority. Sec. 78 -214. Special rules relating to industrial dischargers. (a) COMPLIANCE WITH STANDARDS (1) Applicable Laws. All dischargers shall be subject to those federal, state, and local requirements and limitations which are the most stringent. All limitations listed in this Article shall apply at the point where the wastewater is discharged to the POTW. (2) Dilution. No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this Article. (3) Mass Limitations. Where deemed appropriate the Authority may apply mass limitation expressed in pounds per day of pollutant discharged. (4) Cateaorical Pretreatment Standards. (A) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Authority may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). (6) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, Operations Manager shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e). (C) A User may obtain a variance from a categorical pretreatment standard if the User can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (D) A User may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.25. (b) ACCIDENTAL DISCHARGE (1) Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this Article. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. When applicable, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Authority for review, and shall be approved by the Authority before construction of the facility. Review and approval of such plans and operating procedures by the Authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this Article. (2) Dischargers shall notify the Authority immediately upon the occurrence of a "slug" or accidental discharge of substances prohibited by this Article. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, corrective actions taken, and be signed by the discharger's Authorized Representative. Within five (5) days following such discharge, the User shall submit to the Operations Manager a detailed written report which specifies: A description and cause of the discharge, including location of the discharge, type, concentration, and volume of water; duration of noncompliance including exact dates and times of noncompliance and, if the noncompliance is continuing, an immediate response to cause the noncompliant discharge to cease; and all steps taken or to be taken to reduce, eliminate, and prevent continuation or recurrence of such an upset, slug load, or accidental discharge, spill, or other conditions of noncompliance. Any discharger discharging slugs of prohibited materials shall be liable for any expense, loss or damage to the wastewater system and the POTW, in addition to the amount of any fines imposed on the Authority under State or federal law. (3) A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a discharge described in this subsection. Each employer shall instruct all applicable employees, who may cause or discover such a discharge, with respect to emergency notification procedure including the proper telephone number of the Authority to be notified. (c) WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS All dischargers who discharge wastewater into a private sewer system shall comply with this Article including Section 78 -215, provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the Authority's personnel to enter onto the owner's property for purposes of inspection and monitoring of discharger's premises, and for enforcement pursuant to the term of this Article. (d) PROHIBITION OF BYPASS (1) Bvgass. Bypass of a discharger's treatment equipment or treatment facility is prohibited and the Authority may take enforcement action against the discharger unless: (A) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (B) There were no feasible alternatives to the bypass, such as use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of downtime. This condition is not satisfied if, in the exercise of reasonable engineering judgment, adequate back -up equipment should have been installed to prevent a bypass which occurred during normal periods of equipment downtime or maintenance; and (C) The discharger submitted advanced, written notice of the need for a bypass. (2) The discharger shall submit oral notice to the Authority of an unanticipated bypass that exceeds categorical standards or other discharge limits within 24 hours of the time the discharger becomes aware of the bypass. Written notice shall be provided within 5 days of the time the discharger becomes aware of the bypass. The written notice shall include a description of the bypass and its causes, duration of the bypass, steps taken to prevent the reoccurrence of the bypass, and must be signed by the Authorized Representative of the discharger. (3) The Authority may approve an anticipated bypass, after considering its adverse effects, if it determines that the bypass will meet all of the conditions of Section 78- 214(d)(1). (e) NOTIFICATION OF HAZARDOU'S WASTE DISCHARGES All dischargers shall notify the Authority, the Control Authority, the EPA's Regional Waste Management Article Director, and the Approval Authority in writing of any discharge into a wastewater system or POTW of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Any notification under this Subsection must be submitted in conformance with 40 C'FR Part 403.12 (p). (f) PRETREATMENT FACILITIES (1) Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this Article 2 of this Chapter within the time limitations specified by EPA or TCEQ, the State, or the Operations Manager, whichever is more stringent. (2) The User shall provide, operate, and maintain any facilities necessary for compliance at the User's sole expense. (3) The Operations Manager may require a User to submit detailed plans describing such facilities and operating procedures for review. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Article. Sec. 78 -215. Administration by permit. (a) FACILITIES DISCHARGING TO THE CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT FACILITY. The permit procedures and regulations of this Section 78- 215(a) apply to an Industrial User that discharges to the Village Creek Wastewater Treatment Facility in the City of Fort Worth. (1) Wastewater discharge permit required. (A) All nondomestic Users which discharge into the POTW shall be grouped according to the following definitions: (i) Group I - Significant Industrial Users. (ii) Group II - Commercial facilities and Non - Significant Industrial Users (NSIU). Those commercial facilities and Industrial Users which are not included in Group I. Examples include, but are not limited to, automotive service shops, car washes, small food processors, and photographic developing shops. (iii) Group III - Classed high strength Users. Restaurants or other businesses which can be classed according to any average strength or abnormal strength of their wastewater. (iv) Group IV - Wastewater haulers. Septage and chemical toilet waste haulers desiring to discharge into the POTW. Waste must be generated within the city's service area. (v) Group V - Ground water remediation dischargers. Dischargers who are retrieving contaminated underground water, pretreating such water, and then discharging into the POTW. (vi) Group VI - Non- Significant Categorical Industrial User Industrial User (NSCIU). Facility that never discharges categorical wastewater even though categorical process(es) are located on -site. (B) No Group [, Group IV or Group V or Group VI User shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Authority. (C) The Authority may require any Group II or Group III User to obtain a wastewater discharge permit. Within thirty (30) days after being notified by the Authority that a wastewater discharge permit is required, the User shall submit a completed application in compliance with this article. After sixty (BD) days from the date a Group I I or Group I I I User is notified by the Authority that a permit is required, the User shall cease discharge to the POTW without a wastewater discharge permit. (D) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in this Article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and State pretreatment standards or requirements or with any other requirements of federal, State, and local law. (2) Permits. All Industrial Users determined by the city to be a significant Industrial User shall submit a wastewater discharge permit application to the Authority on a form provided by the Authority. For Significant Industrial Users, an application shall be filed with the Operations Manager at least ninety (90) days prior to the date upon which any discharge will begin or recommence. Non - significant categorical Industrial Users (NSCIU) and non - significant Industrial Users (NSIU) shall be required to submit applications at dates specified by the Operations Manager. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision. (A) The application shall contain- (i) All information required by Section 78- 215(a)(4). (ii) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemical used or stored at the facility which are, or could accidentally or intentionally be, discharged into the P©TW; (iii) Number and type of employee, hours of operation, and proposed or actual hours of operation; (iv) Each product produced by type, amount, process or processes, and rate of production; (v) Type and amount of raw materials processed (average and maximum per day), (vi) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (vii) Time and duration of discharge; and (viii) Any other information as may be deemed necessary by the Authority to evaluate the wastewater discharge permit application. (ix) All dischargers shall submit an Industrial Waste Questionnaire. The questionnaire will be reviewed by the Public Works Utility Superintendent or authorized representative. If deemed necessary, dischargers may also be required to obtain a Permit as outlined herein. (B) No categorical Industrial User shall be allowed to discharge until issued a valid permit. (C) The Authority will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is deemed satisfactory, then a wastewater discharge permit shall be issued after the evaluation is complete. The wastewater discharge permit shall be subject to the terms and conditions specified herein and to the regulations of the Authority. (a) If the application is denied, the applicant shall be notified in writing within 30 days of the reasons for such denial. If denial is based on the Authority's determination that the applicant cannot meet the wastewater discharge limitations of this Article, the Authority may specify that the applicant be required to provide pretreatment of the waste before it is deemed acceptable for sewer discharge. (E) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this Article, pursuant to Section 78- 215(a)(4)(E), the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement added operational and maintenance activities. (i) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this Article including, but not limited to dates, relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract(s) for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this Article. (ii) The time increments established between milestone dates shall be the shortest practicable for the completion of the required work. Under no circumstances shall the Authority permit a time increment for a single step in the compliance schedule to exceed 9 months. The completion date in this schedule shall not be later than the compliance date established for applicable categorical pretreatment standards. (iii) Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the Authority, including a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than 9 months elapse between such progress reports to the Authority. (F) Prior to the approval of a permit, unless exempted by the Authority, all dischargers shall provide monitoring facilities to allow inspection, sampling and /or flow measurement of wastewaters before entering the sanitary sewer of the Authority. Each monitoring facility shall be located on the discharger's premises; provided, however, where such location would be impractical or cause undue hardship to the discharger, the Authority may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial of a permit. (3) PERMIT CONDITIONS. Permits are issued to a specific discharger for specific operation and are not assignable to another discharger or transferable to any other location without the prior written approval of the Authority. (A) Wastewater Discharge Permit Transfer may be transferred to a new owner or operator only if the permittee gives at least a 00 days advance notice to the Authority and the Authority approves the wastewater discharge permit transfer. The notice to the Authority must include a written certification by the new owner or operator which- (i) States that the new owner and/or operator has no immediate intent to change the facility's operations and process; (ii) Identifies the specific date on which the transfer is to occur; and (iii) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (B) Wastewater Discharge Permit Requirements: (i) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years; (ii) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 78- 215(a)(3)(A), and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (iii) Effluent limits and Best Management Practices based on applicable general pretreatment standards as set forth in CFR part 403, categorical pretreatment standards, local limits, and State and local law, (iv) Self- monitoring, sampling, reporting, notification, and record- keeping requirements. These requirements shall include and identification of pollutants (or Best Management Practices) to be monitored, sampling location, sampling frequency, and sample type based on federal, State, and local law; and (v) Permits shall contain a statement of the civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by federal, State, and local law. (C) Wastewater discharge permits may contain, but need not be limited to, the following conditions: (i) Limits on the average and/or maximum rate of discharge, time of discharge, and /or requirements for flow regulation and equalization, (ii) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (iii) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges; (iv) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the PCTW, the unit charge or schedule of User charges and fees for the management of the wastewater discharge to the PCTW; (v) The unit charge of schedule of user charges and fees for management of the wastewater discharge to the POTW, (vi) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (vii) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit, (viii) Other conditions as deemed appropriate by the Authority to ensure compliance with this Article, and State and federal laws, rules, and regulations; (ix) Limits on the maximum wastewater constituents and characteristics and location of approved discharge points; and (x) Requirements to control Slug Discharge, if determined by the Operations Manager to be necessary. (4) REPORTING REQUIREMENTS FOR DISCHARGERS (A) Baseline Report. Within 180 days following the effective date for new or revised categorical pretreatment standards, or at least 90 days prior to commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to a categorical pretreatment standard shall submit to the Authority a report (in a form provided by the Authority), indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional O & M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards. The report shall also contain- (i) Identifvina Information. The name and address of the facility, including the name of the operator and owner. (ii) Environmental Permits. A list of any environmental control permits held by or for the facility. (iii) Description of Operations. A brief description of nature, average rate of production, standard Industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. (iv) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e). (v) Measurement of Pollutants. a. The categorical pretreatment standards applicable to each regulated process. b. The result of sampling and analysis identifying the nature and concentration, and /or mass, where required by the standard or by the Authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long -term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 78- 215(a)(4)(D)(ii). In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the User shall submit documentation as required by the City or the applicable standards to determine compliance with the standard. C. Sampling must be performed in accordance with procedures set out in Section 78- 215(a)(4)(D)(ii). d. The User shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph. However, the Operations Manager may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for Industrial pretreatment measures. Historical data than can represent the current discharge only can be accepted as a baseline report. e. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW. (vi) Certification. A statement, reviewed by the User's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not whether additional operation and maintenance (O &M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (vii) Compliance Schedule. If additional pretreatment, best management practices and/or O &M will be required to meet the pretreatment standards, the shortest schedule by which the User will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Article must meet the requirements set out in Section 78- 215(a). (viii) Signature and Certification. All baseline monitoring reports shall be signed by an Authorized Representative and certified by a qualified professional as stated in 40 CFR Part 403.12(b)(6). (B) 90 -©av Compliance Report. Within 90 days following the date for final compliance by the discharger with applicable categorical pretreatment standards or 90 days following commencement of the introduction of wastewater into the P©TW by a new discharger, any discharger subject to categorical pretreatment standards shall submit to the Authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge„ and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards or requirements are being met on a consistent basis and, if not, what additional © & M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards or requirements, including best management practices. This report shall be signed by an authorized representative of the discharger. (C) Periodic Compliance Reports. (i) Any discharger subject to a categorical pretreatment standard made a part of this Article shall submit to the Authority a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the categorical pretreatment standards hereof, including 'Best Management Practices. Reports are required after the compliance date of such a pretreatment standard, or in the case of a new discharger, after commencement of the discharge, and are to be submitted at least once every six months (on dates specified by the Authority). In addition, where applicable, this report shall include a record of all measured or estimated average and maximum daily flows. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Authority may accept reports of average and maximum flows estimated by verifiable techniques. The Authority, taking into consideration extenuating factors, may authorize the submission of said reports on months other than those specified above. In cases where the Pretreatment Standard requires compliance with Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by City or the Pretreatment Standard necessary to determine the compliance status of the User, and contributing information as is determined necessary to account for water usage, materials recovery, or disposal practices. (iv) All Non - significant Categorical Industrial Users (N'SCIU) shall submit a report annually in the month specified by the Operations Manager. The report shall be completed according to the City's current reporting requirements, including the submittal of any applicable certification statements and data obtained through appropriate sampling and analysis performed during the period covered by the report which data are representative of conditions occurring during the reporting period. (v) If the Operations Manager has determined that a Non- significant Industrial User (NSIU) needs a permit, then the NSIU shall submit a report annually in the month specified by the Operations Manager. The report shall be completed according to the City's current reporting requirements, including the submittal of any applicable certification statements. (vi) All periodic compliance reports shall be signed and certified in accordance with Section 78- 215(a)(4)(1). (vii) All wastewater samples shall be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring equipment in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. (viii) Non - detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis. (D) Analvsis and Samr)lina Procedures. (i) All analyses shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator of the EPA. Sampling shall be performed in accordance with the techniques approved by EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where EPA determines that the Part 136 techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the P®TW or other parties, approved by EPA. (ii) Sample Collection. a. Except as indicated in Subsection (ii) the User must collect wastewater samples using 24 -hour flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Authority may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the User demonstrates that this will provide a representative sample of the effluent being discharged. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits. b. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. C. For sampling required in support of baseline monitoring and 90 day compliance reports required in [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist;. for facilities for which historical sampling data are available, the City may authorize a lower minimum. d. For the reports required by (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements. (E) Reporkinq Additional Monitorinq. If an Industrial User subject to the reporting requirements of this section monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in Section 78- 215(a)(4)(D) the results of this monitoring, including chain -of- custody forms, shall be included in the report. (F) Sianificant Industrial User Reportina. Significant Industrial Users shall submit to the Authority at least once every six months (on dates as specified by the Authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the Authority. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in Section 78- 215(a)(4)(D). This sampling and analysis may be performed by the Authority in lieu of the Significant Industrial User. (G) Notification of Chanaed Discharae. Dischargers shall give prior written notification to the Authority and the Control Authority of any potential or actual significant changes in the volume or character of pollutants in the discharge. (i) The notification to the Authority shall be received at least ninety (90) days prior to change. (ii) The Authority may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application. (iii) The Authority may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions. (iv) For purposes of this requirement, significant changes include, but are not limited to, flow increases or decreases of twenty percent (20 %) or greater, the discharge of any previously unreported pollutants, and the deletion of any pollutant regulated by this Article or a permit issued pursuant to this Article. (v) Significant Industrial Users that discharge wastewater to treatment plants operated by the Control Authority shall provide prior written notification to the Authority and the Control Authority of changes to its wastewater discharges and any changes at its facility that affect the potential for a Slug Discharge. (H) Authoritv Monitorina. Sampling and analysis for the reports required by Sections 78- 215(a), (c)(1), (2), (3) and (6) may be performed by the Authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the Authority, the discharger will not be required to submit the report. (1) Signatory Requirements. (i) All applications and compliance reports submitted to the Authority must contain the following certification statement and be signed by the Authorized Representative: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information and for not reporting known violations, including possibility of fine and imprisonment." (ii) Annual Certification for Non - Significant Categorical Industrial Users. A facility determined to be a Non Significant Categorical Industrial User by the Operations Manager pursuant to Sections 78 -211 and 78 -21' 5(a)(1) must annually submit the following certification statement signed in accordance with the signatory requirements in 40 CFR 403.120(1). This certification must accompany an alternative report required by the Operations Manager: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [months, days, year]. a. The facility described as [facility name] met the definition of a Non Significant Categorical Industrial User as described in Section 78- 215(a)(1) (A). b. The facility complied with all applicable Pretreatment Standards and requirements during this reporting period„ and C. The facility never discharged categorical process wastewater on any given day during this reporting period. d. This compliance certification is based on the following information: " (J) Wastewater Analvsis. When requested by the Authority, a User must submit information on the nature and characteristics of its wastewater within 30 days of the request. The Authority is authorized to prepare a form for this purpose and may periodically require Users to update this information. (5) INSPECTION AND FLOW MEASUREMENT (A) Inspection. At least once a year, the Operations Manager shall inspect and sample each Significant Industrial User (SIU), NSCIU and NSIU to determine compliance with the requirements of this Article. However, the Operations Manager may inspect and sample each SIU as frequently as needed during the pretreatment year. The Operations Manager shall evaluate whether each SIU needs a plan to control slug discharges at the time of SIU determination, or at least by the first year. The Authority, Control Authority, TCEQ or EPA may inspect the facilities of any discharger to determine compliance with the requirements of this Article. The discharger shall allow the Authority, Control Authority, TCEQ or EPA or their representatives to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling, or examination of records. All reports and records related to the provisions of this Article shall be made available for copying and inspection by the Authority, Control Authority, TCEQ or EPA, including documentation associated with Best Management Practices. The Authority, Control Authority, TCEQ or EPA shall have the right to set upon the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering or measuring operations. User shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities should be provided in accordance with the City's requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the City to perform independent monitoring activities. The inspectors, agents or representatives of the Authority, Control Authority, TCEQ or EPA charged with the enforcement of this Article shall be deemed to be performing a governmental function for the benefit and health and welfare of the general public and neither the Authority, Control Authority, TCEQ, EPA, nor any individual inspector, agent or representative these agencies shall be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The failure or refusal of such owner or discharger to comply with this provision shall be grounds for the disconnection of water or sewer service to the facility. Facilities regulated under this Article are subject to the authority of the following agencies concerning access to information and right of entry onto property for purposes of implementing and enforcing federal and State pretreatment programs and other applicable law: (i) the EPA under section 308 of the Federal Clean Water Act (33 U.S.C. § 3318), as amended; and (ii) the Texas Commission on Environmental Quality (TCEQ), Water Code §§ 26.614 and 26.616, as amended, and V.T.C.A., Health and Safety Code §§ 361.632 and 361.037, as amended, provisions of the Texas Water Code and Texas Health Safety Code. If entry is denied or if a person in control cannot be located, the Operations Manager shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure- and for the purposes of same, any person with enforcement authority under this Article is hereby declared to be a "health officer." The Industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the Authority, Control Authority, TCEQ or EPA. Samples shall be collected in such manner as to be representative of the character and concentration the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in 40 CFR Part 136. The determination of the character and concentration of Industrial waste shall be made at such times and on such schedules as may be established by the Authority, Control Authority, TCEQ or EPA. Should a discharger desire a determination of the quality of such Industrial waste be made at some time other than that scheduled by the Authority, Control Authority, TCEQ or EPA, such special determination may be made by the Authority, Control Authority, TCEQ or EPA at the expense of the owner or discharger. (iv) The Authority, Control Authority, TCEQ or EPA shall conduct surveillance activities in order to identify, independent of information supplied by Industrial Users, occasional and continuing noncompliance with pretreatment standards. The Authority or Control Authority shall inspect and sample the effluent from each Significant Industrial User at least once a year. The result of such activities shall be available to the Approval Authority upon request. (B) NOV /Rer)eat Samr)lina and Rer)ortinq. If sampling performed by an Industrial User indicates a violation, the User shall notify the Control Authority within twenty -four (24) hours of becoming aware of the violation. Within ten (10) days submit to the Operations Manager a report which addresses: The time, date, location, processes, and operations associated with the violation, and the personnel assigned responsibility and/or present during the violation; the cause or probable cause of the noncompliance; and the actions taken and implemented to meet permit conditions. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within thirty (30) days after becoming aware of the violation, except the Industrial User is not required to resample if: (i) The Control Authority performs sampling at the Industrial User at a frequency of at least once per month; or (ii) The Control Authority performs sampling at the User between the time when the User performs its initial sampling and the time when the User receives the results of this sampling. (iii) Measurement of Flow. The volume of flow used in computing sewage charges shall be based upon metered water consumption or discharge as shown in the records of meter readings maintained by the City. a. Where it can be shown to the satisfaction of the Operations Manager that a substantial portion of the metered water does not enter the sanitary sewer, the Operations Manager may require or permit the installation of additional approved meters at the User's sole expense, to measure the quantity of water actually entering the sewer system. If approved by the Operations Manager, the measured quantity of water actually entering the sewer system will be used to determine the sewer service charge. b. Any discharger who procures all or part of its water supply from sources other than the City, all or part of which is subsequently discharged into the sanitary sewer, shall install and maintain at the discharger's expense an effluent meter or flow measuring device approved by the Operations Manager for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters or measuring devices shall be read monthly. C. If the Operations Manager determines that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, the quantity or quality of the waste shall be determined in any manner or method the Operations Manager may find practicable in order to arrive at the percentage of water entering the sanitary sewage system of the Authority and/or the quality of the sewage to be used to determine the sewer service charge. (6) PERMIT MODIFICATIONS (A) The Authority reserves the right to amend any permit issued hereunder in order to assure compliance by the Authority with applicable laws and regulations. The Authority may amend any permit for good cause including, but not limited to the following: (i) To incorporate any new or revised federal, State, or local pretreatment standards or requirements. (ii) Material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit. (iii) A change in any condition in either the Industrial User or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge. (iv) Information indicating that the permitted discharge poses a threat to the Authority's or POTW's collection and treatment systems, Authority or POTW personnel or the receiving waters. (v) Violation of any terms or conditions of the permit. (vi) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting. (vii) To correct typographical or other errors in the permit. (viii) To reflect transfer of the facility ownership and/or operation to a new owner /operator. (ix) Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, rules or regulations. (x) To incorporate, revise, or revoke new or existing Best Management Practices. (B) All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of this Article shall automatically become a part of this Article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by Section 78- 215(a), the discharger shall apply for a permit from the Authority within 180 days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the Authority within 180 days after promulgation of an applicable categorical pretreatment standard, the information required by Section 78- 215(a). The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (7) CONFIDENTIAL INFORMATION (A) All information and data submitted by a discharger to the Authority or POTW may be submitted to any State or federal agency governing the POTW. Such information shall be considered subject to public disclosure, provided, however, that the discharger may request that information not be subject to public disclosure, in accordance with 40 CFR Part 2 as follows- (i) A discharger may assert a business confidentiality claim covering part or all of the information in a manner described below, and that information covered by such a claim will be disclosed only by means of the procedures set forth below. (ii) If no claim of business confidentiality is asserted, all information will be subject to public disclosure without further notice to the discharger. (B) Assertinq Business Confidentialitv Claim. A discharger that is submitting information to the Authority may assert a business confidentiality claim covering the information by placing on or attaching to the information, at the time it is submitted to the Authority, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," ' "proprietary," or "company confidential." Allegedly confidential portions of otherwise nonconfidential documents should be clearly identified by the discharger, and may be submitted separately to facilitate identification and handling by the Authority. If the discharger desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. (C) Nothing in this Article shall prevent the disclosure of information and data regarding the nature and content of a discharger's effluent, and the frequency of discharge, or a standard or limitation to be met by the discharger, and this information shall be available to the public with no restrictions. Effluent data which cannot be held as confidential is as defined in 40 CFR 2.302. (D) The provisions of this subsection shall be subject to any public disclosure requirements which may exist under the Texas Public Information Act, Chapter 552 of the Texas Government Code, as amended. (8) DUTY TO REAPPLY A User with an expiring wastewater discharge permit shall apply for wastewater discharge permit re- issuance by submitting a complete permit application, in accordance with Section 78- 215(a)(2) prior to the expiration of the User's existing wastewater discharge permit. An expired permit will continue to be effective and enforceable until the permit is reissued. The User will not be subject to penalties if: (A) the User has submitted a complete permit application at least ninety (90) days prior to the expiration date of the User's existing permit; and (6) the failure to reissue prior to expiration of the previous permit is not due to any act or failure to act on the part of the User. (b) FACILITIES DISCHARGING THROUGH THE TRINITY RIVER AUTHORITY CENTRAL REGIONAL WASTEWATER SYSTEM The permit procedures and regulations of Section 78- 215(b) apply to an Industrial User that discharges to the Trinity River Authority. (1) Permits. (A) All Industrial Users determined 'by the Operations Manager to be a significant Industrial User shall submit a wastewater discharge permit application to the Authority on a form provided by the Authority. The application shall contain: (i) All information required by Section 78- 215(b)(3). (ii) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemical used or stored at the facility which are, or could accidentally or intentionally Ibe, discharged into the POTW, (iii) Number and type of employee, hours of operation, and proposed or actual hours of operation, (iv) Each product produced by type, amount, process or processes, and rate of production, (v) Type and amount of raw materials processed (average and maximum per day), (vi) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (vii) Time and duration of discharge; and (viii) Any other information as may be deemed necessary by the Authority to evaluate the wastewater discharge permit application. (6) All dischargers shall submit an Industrial waste questionnaire. The questionnaire will be reviewed by the public works utility superintendent or authorized representative. If deemed necessary, dischargers may also be required to obtain a permit as outlined herein. (C) No categorical Industrial User shall be allowed to discharge until issued a valid permit. (D) The Authority will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is deemed satisfactory, then a wastewater discharge permit shall be issued after the evaluation is complete. The wastewater discharge permit shall be subject to the terms and conditions specified herein and to the regulations of the Authority. (E) if the application is denied, the applicant shall be notified in writing of the reasons for such denial. If denial is based on the Authority's determination that the applicant cannot meet the wastewater discharge limitations of this Article. the Authority may specify that the applicant be required to provide pretreatment of the waste before it is deemed acceptable for sewer discharge. (F) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this Article, pursuant to Section 78- 215(b)(3)(E), the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and /or implement added operational and maintenance activities. (i) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this Article including, but not limited to dates, relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract(s) for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this Article. (ii) The time increments established between milestone dates shall be the shortest practicable for the completion of the required work. Under no circumstances shall the Authority permit a time increment for a single step in the compliance schedule to exceed nine (9) months. The completion date in this schedule shall not be later than the compliance date established for applicable categorical pretreatment standards. (iii) Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the Authority, including a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the Authority. (G) Prior to the approval of a permit, unless exempted by the Authority, all dischargers shall provide monitoring facilities to allow inspection, sampling and /or flow measurement of wastewaters before entering the sanitary sewer of the Authority. Each monitoring facility shall be located on the discharger's premises; provided, however, where such location would be impractical or cause undue hardship to the discharger, the Authority may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial of a permit. (2) Permit conditions. Permits are issued to a specific discharger for specific operation and are not assignable to another discharger or transferable to any other location without the prior written approval of the Authority. (A) Wastewater discharge permit transfer may be transferred to a new owner or operator only if the permittee gives advance notice to the Authority and the Authority approves the wastewater discharge permit transfer. The notice to the Authority must include a written certification by the new owner or operator which: (i) States that the new owner and/or operator has no immediate intent to change the facility's operations and process; (ii) Identifies the specific date on which the transfer is to occur; and (iii) Acknowledges full responsibility for complying with the existing wastewater discharge permit. (iv) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as the date of facility transfer. (B) Wastewater discharge permit requirements- (i) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years; (ii) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 78- 215(b)(2)(A), and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (iii) Effluent limits based on applicable general pretreatment standards as set forth in CFR part 403, categorical pretreatment standards, local limits, and State and local law; (iv) Self- monitoring, sampling, reporting, notification, and record - keeping requirements. These requirements shall include and identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, State, and local law; and (v) Permits shall contain a statement of the civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by federal, State, and local law. (C) Wastewater discharge permits may contain, but need not be limited to, the following conditions: (i) Limits on the average and/or maximum rate of discharge, time of discharge, and /or requirements for flow regulation and equalization, (ii) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (iii) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non- routine discharges; (iv) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW, the unit charge or schedule of User charges and fees for the management of the wastewater discharge to the POTW, (v) The unit charge of schedule of User charges and fees for management of the wastewater discharge to the POTW; (vi) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (vii) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit, (viii) Other conditions as deemed appropriate by the Authority to ensure compliance with this Article, and State and federal laws, rules, and regulations; and (ix) Limits on the maximum wastewater constituents and characteristics and location of approved discharge points. (3) Reporting requirements for dischargers. (A) Baseline report. Within one hundred eighty (180) days following the effective date for new or revised categorical pretreatment standards, or at least ninety (90) days prior to commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to a categorical pretreatment standard shall submit to the Authority a report (in a form provided by the Authority), indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional D & M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards. The report shall also contain: (i) Identifying information. The name and address of the facility, including the name of the operator and owner. (ii) Environmental permits. A list of any environmental control permits held by or for the facility. (iii) Description of operations. A brief description of nature, average rate of production, standard Industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. (iv) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the PCTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e). (v) Measurement of pollutants. a. The categorical pretreatment standards applicable to each regulated process. b. The result of sampling and analysis identifying the nature and concentration, and /or mass, where required by the standard or by the Authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long -term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 78- 215(b)(3). C. Sampling must be performed in accordance with procedures set out in Section 78- 215(b)(3). (vi) Certification. A statement, reviewed by the User's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not whether additional operation and maintenance (0 & M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (vii) Compliance schedule. If additional pretreatment and/or 0 & M will be required to meet the pretreatment standards, the shortest schedule by which the User will provide such additional pretreatment and /or 0 & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Article must meet the requirements set out in Section 78- 215(b). (viii) Signature and certification. All baseline monitoring reports shall be signed by an authorized representative and certified by a qualified professional as stated in 40 CFR Part 403.12(b) (6). (B) Ninety -day compliance report. Within ninety (90) days following the date for final compliance by the discharger with applicable categorical pretreatment standards or ninety (90) days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to categorical pretreatment standards shall submit to the Authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards or requirements are being met on a consistent basis and, if not, what additional 0 & M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards or requirements. This report shall be signed by an authorized representative of the discharger. (C) Periodic compliance reports. (i) Any discharger subject to a categorical pretreatment standard made a part of this Article shall submit to the Authority a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the categorical pretreatment standards hereof. Reports are required after the compliance date of such a pretreatment standard, or in the case of a new discharger, after commencement of the discharge, and are to be submitted at least once every six (6) months (on dates specified by the Authority). (ii) In addition, where applicable, this report shall include a record of all measured or estimated average and maximum daily flows. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Authority may accept reports of average and maximum flows estimated by verifiable techniques. The Authority, taking into consideration extenuating factors, may authorize the submission of said reports on months other than those specified above. (D) Analysis and sampling procedures. (i) All analyses shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator of the EPA. Sampling shall be performed in accordance with the techniques approved by EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where EPA determines that the Part 136 techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by EPA. (ii) Sample collection. a. Except as indicated in Subsection 'b., the User must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Authority may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the User demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. b. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. (E) Reporting additional monitoring. If an Industrial User subject to the reporting requirements of this section monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in Section 78- 215(b)(3), the results of this monitoring shall be included in the report. (F) Significant Industrial User reporting. Significant Industrial Users shall submit to the Authority at least once every six (6) months (on dates as specified by the Authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the Authority. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in Section 78- 215(b)(3). This sampling and analysis may be performed by the Authority in lieu of the significant Industrial User. (G) Notification of changed discharge. Dischargers shall give prior written notification to the Authority of any significant change in the volume or character of pollutants in the discharge. (i) The notification to the Authority shall be received at least thirty (30) days prior to change. (ii) The Authority may require the User to submit such information as may be deemed necessary to evaluate the changed condition„ including the submission of a wastewater discharge permit application. (iii) The Authority may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions. (iv) For purposes of this requirement, significant changes include, but are not limited to, flow increases or decreases of twenty percent (20 %) or greater, the discharge of any previously unreported pollutants, and the deletion of any pollutant regulated by this Article or a permit issued pursuant to this Article. (v) Significant Industrial Users that discharge wastewater to treatment plants operated by the Trinity River Authority (TRA) shall provide prior written notification to the City and the TRA of changes to its wastewater discharges and any changes at its facility that affect the potential for a Slug Discharge. (H) Authority monitoring. Sampling and analysis for the reports required by Sections 78- 215(b)(3)(A), (B), (C) and (F) may be performed by the Authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the Authority, the discharger will not be required to submit the report. (1) Signatory requirements. All applications and compliance reports submitted to the Authority must contain the following certification statement and be signed by the authorized representative: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information and for not reporting known violations, including possibility of fine and imprisonment." (J) Wastewater analysis. When requested by the Authority, a User must submit information on the nature and characteristics of its wastewater within the time frame requested by the Authority. The Authority is authorized to prepare a form for this purpose and may periodically require Users to update this information. (4) Inspection and flow measurement. (A) Inspection. (i) The Authority, Control Authority, TCEQ or EPA may inspect the facilities of any discharger to determine compliance with the requirements of this Article. The discharger shall allow the Authority, Control Authority, TCEQ or EPA or their representatives to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling, or examination of records. All reports and records related to the provisions of this Article shall be made available for copying and inspection by the Authority, Control Authority, TCEQ or EPA. The Authority, Control Authority, TCEQ or EPA shall have the right to set upon the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering or measuring operations. The inspectors, agents or representatives of the Authority, Control Authority, TCEQ or EPA charged with the enforcement of this Article shall be deemed to be performing a governmental function for the benefit and health and welfare of the general public and neither the Authority, Control Authority, TCEQ, EPA, nor any individual inspector, agent or representative these agencies shall be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The failure or refusal of such owner or discharger to comply with this provision shall be grounds for the disconnection of water or sewer service to the facility. (ii) Facilities regulated under this Article are subject to the Authority of the following agencies concerning access to information and right of entry onto property for purposes of implementing and enforcing federal and State pretreatment programs and other applicable law: (i) the EPA under section 308 of the Federal Clean Water Act (33 U.S.C. § 3318), as amended; and (ii) the Texas Commission on Environmental Quality (TCEQ) under V.T.C.A., Water Code §§ 26.014 and 26.015, as amended, and V.T.C.A., Health and Safety Code §§ 361.032 and 361.037, as amended, provisions of the Texas Water Code and Texas Health Safety Code. (iii) The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the Authority, Control Authority, TCEQ or EPA. Samples shall be collected in such manner as to be representative of the character and concentration the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in 40 CFR Part 136. The determination of the character and concentration of Industrial waste shall be made at such times and on such schedules as may be established by the Authority, Control Authority, TCEQ or EPA. Should a discharger desire a determination of the quality of such industrial waste be made at some time other than that scheduled by the Authority, Control Authority, TCEQ or EPA, such special determination may be made by the Authority, Control Authority, TCEQ or EPA at the expense of the owner or discharger. (iv) The Authority, Control Authority, TCEQ or EPA shall conduct surveillance activities in order to identify, independent of information supplied by Industrial Users, occasional and continuing noncompliance with pretreatment standards. The Authority or Control Authority shall inspect and sample the effluent from each significant Industrial User at least once a year. The result of such activities shall be available to the approval authority upon request. (B) NOV/repeat sampling and reporting. If sampling performed by an Industrial User indicates a violation, the User shall notify the Control Authority within twenty -four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within thirty (30) days after becoming aware of the violation, except the Industrial User is not required to resample if: (i) The Control Authority performs sampling at the Industrial User at a frequency of at least once per month; or (ii) The Control Authority performs sampling at the Industrial User between the time when the User performs its initial sampling and the time when the User receives the results of this sampling. (C) Measurement of flow. The volume of flow used in computing sewage charges shall be based upon metered water consumption or discharge as shown in the records of meter readings maintained by the City's water department. Where it can be shown to the satisfaction of the Operations Manager that a substantial portion of the metered water does not enter the sanitary sewer, the Operations Manager may require or permit the installation of additional approved meters at the owner's expense, to measure the quantity of water actually entering the sewer system. If approved by the Operations Manager, the measured quantity of water actually entering the sewer system will be used to determine the sewer service charge. Any discharger who procures all or part of its water supply from sources other than the city's water department, all or part of which is subsequently discharged into the sanitary sewer, shall install and maintain at its expense an effluent meter or flow measuring device approved by the Operations Manager for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters or measuring devices shall be read monthly. If the Operations Manager determines that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, the quantity or quality of the waste shall be determined in any manner or method the Operations Manager may find practicable in order to arrive at the percentage of water entering the sanitary sewage system of the Authority and/or the quality of the sewage to be used to determine the sewer service charge. (5) Permit modifications. (A) The Authority reserves the right to amend any permit issued hereunder in order to assure compliance by the Authority with applicable laws and regulations. The Authority may amend any permit for good cause including, but not limited to the following: (i) To incorporate any new or revised federal, State, or local pretreatment standards or requirements. (ii) Material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit. (iii) A change in any condition in either the Industrial User or the P7TW that requires either a temporary or permanent reduction or elimination of the authorized discharge. (iv) Information indicating that the permitted discharge poses a threat to the Authority's or POTW "s collection and treatment systems, Authority or P©TW personnel or the receiving waters. (v) Violation of any terms or conditions of the permit. (vi) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting. (vii) To correct typographical or other errors in the permit. (viii) To reflect transfer of the facility ownership and/or operation to a new owner /operator. (ix) Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations. (B) All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of this Article shall automatically become a part of this Article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by Section 78- 215(b)(1), the discharger shall apply for a permit from the Authority within one hundred eighty (180) days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the Authority within one hundred eighty (180) days after promulgation of an applicable categorical pretreatment standard, the information required by Section 78- 215(b)(2). The discharger shall be informed of any proposed changes in its permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (6) Confidential information. (A) All information and data submitted by a discharger to the Authority or POTW may be submitted to any State or federal agency governing the POTW. Such information shall be considered subject to public disclosure, provided, however, that the discharger may request that information not be subject to public disclosure, in accordance with 40 CFR Part 2 as follows- (i) A discharger may assert a business confidentiality claim covering part or all of the information in a manner described below, and that information covered by such a claim will be disclosed only by means of the procedures set forth below. (ii) If no claim of business confidentiality is asserted, all information will be subject to public disclosure without further notice to the discharger. (B) Asserting business confidentiality claim. A discharger which is submitting information to the Authority may assert a business confidentiality claim covering the information by placing on or attaching to the information, at the time it is submitted to the Authority, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise nonconfidential documents should be clearly identified by the discharger, and may be submitted separately to facilitate identification and handling by the Authority. If the discharger desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. (C) Nothing in this Article shall prevent the disclosure of information and data regarding the nature and content of a discharger's effluent, and the frequency of discharge, or a standard or limitation to be met by the discharger, and this information shall be available to the public with no restrictions. Effluent data which cannot be held as confidential is as defined in 40 CFR 2.302. (D) The provisions of this subsection shall be subject to any public disclosure requirements which may exist under the Texas Public Information Act, V.T.C.A., Government Code Ch. 552, as amended. (7) Duty to reapply. A User with an expiring wastewater discharge permit shall apply for wastewater discharge permit re- issuance by submitting a complete permit application, in accordance with Section 78- 215(b) prior to the expiration of the User's existing wastewater discharge permit. An expired permit will continue to be effective and enforceable until the permit is reissued. The User will not be subject to penalties if: (A) The User has submitted a complete permit application at least ninety (90) days prior to the expiration date of the User's existing permit; and (B) The failure to reissue prior to expiration of the previous permit is not due to any act or failure to act on the part of the User. Sec. 78 -216. Enforcement. (a) NON- EMERGENCY TERMINATION OF WATER SUPPLY AND /OR DISCHARGE (1) A User who violates the following conditions is subject to the termination of its city - provided water supply and/or its discharge: (a) Violation of wastewater discharge permit conditions; (b) Failure to accurately report the wastewater constituents and characteristics of its discharge; (c) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; (d) Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; (e) Violation of the pretreatment standards of this Article; (f) Pay sewer charges; (g) Meet compliance schedules; (h) Fulfill the conditions of its permit, or this Article, or to obey any final judicial order with respect thereto; (i) Failure to meet effluent limitations; including Best Management Practices, based on applicable Pretreatment. Standards; or (g) Knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Article or individual discharge permit. (2) Whenever the Authority finds that any User has engaged in conduct which justifies non - emergency termination of water supply, pursuant to Section 78- 216(b), the Authority shall serve or cause to be served upon such User a written notice, either by personal delivery or by certified or registered mail, return receipt requested, notifying the User of the proposed termination of its water supply and/or discharge and the nature of the alleged violation. The User may petition for a reconsideration and hearing. (3) Within thirty (30) days of the date of receipt of the notice, the User shall respond in person or in writing to the Authority with a report containing the following: (a) the problem(s) per the NOV issued, (b) the possible cause of the problem(s); (c) the steps being taken to minimize or curtail the reoccurrence of the problem(s). (4) The User shall not recommence its discharge until the Operations Manager so authorizes and: (a) The User presents proof satisfactory to the Operations Manager that the non - complying discharge has ceased; (b) The User presents proof satisfactory to the Operations Manager that the conditions creating the threat of imminent and substantial danger have been eliminated, (c) The User pays the City for all costs the City will incur in reinstating services. (5) Exercise of this option by the Operations Manager shall not be a bar to, nor a prerequisite for, taking any other enforcement action against the User. (b) ADMINISTRATIVE ORDERS Where the violation cited under Section 78- 216(a) is not corrected by means of enforcement action listed in Section 78- 216(b), the following enforcement escalations may be used. Terms may or may not be negotiated with an Industrial User. (1) Consent Order. An agreement between the Authority and the Industrial User normally containing three elements: (1) compliance schedules (2) stipulated fines or remedial actions; and (3) signatures of the Authority and Authorized Representatives. (2) Show Cause Carder. An order which directs the User to appear before the City to explain its noncompliance and show cause why more severe enforcement actions against the User should not be levied. Typically used after informal contacts or NOV's have failed to resolve noncompliance; however, it can be used at anytime. (3) Compliance Order. An order which directs the Industrial User to achieve or restore compliance by a date specified in the order. Terms need not be discussed with the Industrial User in advance. Typically used when noncompliance cannot be resolved without construction, repair, or process changes, or to require development of management practices, spill prevention programs, and other pretreatment program requirements. (4) Cease and Desist Order (Only for facilities discharaina to the Trinity► River Authoritv Central Regional Wastewater System). An order that directs the noncompliant User to cease illegal or unauthorized discharges immediately, or to terminate the discharge altogether. It is generally used in situations where the discharge could cause interference or pass through, or otherwise create an emergency situation. (c) RIGHT OF APPEAL OF ADMINISTRATIVE RULING Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the Authority on any matter covered by this Article and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this Article or deals with a permit issued pursuant hereto for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply; provided, however, the Authority may take any action it deems necessary to protect its wastewater collection and treatment system or to comply with its TPDES permit or to comply with any contract the Authority has for the treatment of wastewater. (d) JUDICIAL PROCEEDINGS The Authority, with respect to the conduct of any discharger contrary to the provisions of this Article may authorize its attorney to commence any legal action in a court of competent jurisdiction for equitable and/or legal relief. (1) Iniunctive Relief. When the Authority finds that a User has violated, or continues to violate, any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Authority may petition, pursuant to Chapter 54 a District Court or other Court of proper jurisdiction of Tarrant County, Texas through its Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Article on activities of the User. The Authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User. (2) Civil Penalties. The Authority may also seek to recover civil penalties of up to $5,000 per day pursuant to section 54.017 of the Texas Local Government Code. (3) Criminal Proceedings. Notwithstanding any notice provisions contained in this Article, any person who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Article commits an offense. The person shall be fined not more than Two Thousand Dollars ($2,000) for each offense per day. (e) EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS (1) The Authority, may, for good cause shown, suspend water or wastewater service to the discharger's facility when it appears to the Authority that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of a POTW, violate any pretreatment limits imposed by this Article or any Permit issued pursuant to this Article. Any discharger notified of the suspension of the Authority's water or wastewater service and/or the discharger's permit, shall within a reasonable period of time, as determined by the Authority, cease all discharges. In the event of the failure of the discharger to comply voluntarily with the suspension order within the specified time, the Authority may commence judicial proceedings to compel the discharger's compliance with such order or may immediately disconnect such discharger's service line from the City water and sanitary sewer system. In the case of emergency disconnection of service, the Director shall make a reasonable attempt to notify the owner or discharger before disconnecting the service line. The party whose service has been disconnected shall have an opportunity for a hearing on the issue of the illegal discharge and the disconnection as soon as possible after such disconnection has taken place. (2) The Authority may reinstate the permit and /or the wastewater or water service upon proof by the discharger of the cessation of the non- complying discharge or elimination of conditions creating the threat of imminent or substantial danger as set forth above. The water and/or wastewater service shall be reconnected at the discharger's expense. (f) AFFIRMATIVE DEFENSES. (1) Affirmative defense to discharge violations for action in municipal or State court. In an action brought in municipal or State court, if a person can establish that an event that would otherwise be a violation of this Article or a permit issued under this Article was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this Article or the permit. In an enforcement proceeding, the User seeking to establish the occurrence of an act of God, war, strike, riot, or other catastrophe shall have the burden of proof. In the event that an act of God, war, strike, riot, or other catastrophe has been established the User shall control production of all discharges to the extent possible until such time as the reduction, loss, or failure of its treatment facility is restored or an alternative method of treatment is provided. (2) Affirmative defense to upset. In an action brought in federal court, it is an affirmative defense to an enforcement action brought for noncompliance with categorical pretreatment standards that the noncompliance was caused by upset, if the User demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that: (A) An upset occurred and the User can identify the cause(s) of the upset; the facility was at the time being operated in a prudent and workman -like manner and in compliance with applicable operation and maintenance procedures; and (B) Any discharger who experiences an upset in operations which places the discharger in a temporary state of non - compliance with this Article shall inform the Authority within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, the Authority may at its discretion require the discharger to file a written report within five working days. The report shall specify: (i) Description of the upset, its cause and the upset's impact on a discharger's compliance status. (ii) Duration of non - compliance, including exact dates and times of non - compliance, and if the non - compliance continues, the time by which compliance is reasonably expected to occur. (iii) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non - compliance. (3) Affirmative defense to specific prohibited discharae standards. It is an affirmative defense in federal court to an enforcement action brought against a User for noncompliance with the general prohibitions of Section 78- 213(b) or a specific prohibition of Section 78- 213(d), that the User did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (A) A local limit exists for each pollutant discharged and the User was in compliance with each limit directly prior to, and during, the pass through or interference; or (B) No local limit exists, but the discharge did not change substantially in nature or constituents from the User's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (4) An operating upset which was not the result of negligence on the part of the discharger, and which has been documented and verified in the manner stated above shall be an affirmative defense to any enforcement action brought by the Authority against a discharger for any non - compliance with the Article which arises out of violations alleged to have occurred during the period of the upset. (g) RECOVERY OF COSTS INCURRED BY THE AUTHORITY Any discharger who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the Authority's wastewater system, shall be liable to the Authority for any expense, loss, or damage caused by such violation or discharge. The Authority shall bill the discharger for the costs incurred by the Authority for any cleaning, repair, or replacement work caused by the violation or discharge. Failure to pay such bill may result in the termination of water or wastewater service. (h) FALSIFYING INFORMATION Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Article, shall, upon conviction, be punished as provided in Section 78- 216(e)(3). (i) POTW PRETREATMENT REQUIREMENTS All POTWs shall be able to seek injunctive relief for noncompliance by Industrial Users with Pretreatment Standards and Requirements. All POTWs shall also have authority to seek or assess civil or criminal penalties in at least the amount of $2,000 per day and a civil penalty of up to $5,000 per day for each violation by Industrial Users of Pretreatment Standards and Requirements. POTWs whose approved Pretreatment Programs require modification to conform to the requirements of this subsection shall submit a request for approval of a program modification in accordance with §403.18, unless the State would be required to enact or amend a statutory provision, in which case the POTW shall submit such a request. Sec. 78 -217. Miscellaneous provisions. (a) NET/GROSS CALCULATIONS The Authority may elect to adjust categorical pretreatment standards to reflect the presence of pollutants in the discharger's intake water, in accordance with 40 CFR Part 403.15. (b) PRESERVATION OF RECORDS All dischargers subject to this Article shall retain and preserve and make available for inspection and copying, for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring activities, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge and required by this article, and any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements including documentation associated with Best Management Practices established under Section 78- 213(e)(4). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the Authority pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (c) COSTS OF ADMINISTERING PROGRAM The Authority may make such charges, known as monitoring and pretreatment charges, as are reasonable for services rendered in administering the programs outlined in this Article. Such charges may include, but are not limited to: (1) permitting industrial facilities; (2) inspection; (3) sample analysis; (4) monitoring; and (5) enforcement. (d) RIGHT OF REVISION The Authority reserves the right to amend this Article to provide for more or less stringent limitations or requirements on discharges to the sanitary sewer or POTW where deemed necessary to comply with the objectives set forth in Section 78 -2.12. (e) PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS (1) For facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility: (A) A User shall be determined by the Authority to be in a state of significant noncompliance if a User's violation meets one or more criteria listed in 46 CFR 403.8(f)(2)(viii). The Authority shall annually publish, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the City, a list of Users that have significantly violated federal pretreatment requirements during the previous twelve (12) months. The Operations Manager, shall be responsible for calculating the Users who have committed significant violations. (B) Significant Industrial Users are subject to the SNC criteria listed in paragraphs (i) through (viii) below. Group II non - significant Industrial Users that have been issued a permit shall be subject to S'NC criteria listed in paragraphs (iii) through (viii) below. Group VI non - significant categorical Industrial Users shall be subject to SNC criteria listed in paragraphs (iii) through (viii) below. All other Industrial Users are subject to the SNC criteria listed in paragraphs (iii), (iv) and (viii) of this Section. Significant violation noncompliance (SNC) shall mean any of the following- (i) Chronic violations of wastewater discharge limits, defined here as those in which sixty -six percent (66 %) or more of wastewater measurements taken during a six (6) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount, (ii) Technical Review Criteria (TRC) violations, defined here as those in which thirty -three percent (33 %) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the daily numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH), (iii) Any other discharge violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(1) (Daily Maximum, long term average, instantaneous limit or a narrative standard) that the Authority believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW ,personnel or the general public; (iv) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Authority's exercise of its emergency authority to halt or prevent such a discharge, (v) Failure to meet, within ninety (90) days, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (vi) Failure to provide within forty -five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self - monitoring reports, and reports on compliance with compliance schedules, (vii) Failure to accurately report noncompliance; or (viii) Any other violation(s), which may include a violation of Best Management Practices, that the Authority determines will adversely affect the operation or implementation of the local pretreatment program. (2) For facilities discharging to the Trinity River Authority Central Regional Wastewater System: (A) A User shall be determined by the Authority to be in a state of significant noncompliance if a User's violation meets one or more criteria listed in 40 CFR 403.8 (f) (2) (vii). The Authority shall annually publish in the Authority's official newspaper a list of Users that have significantly violated federal pretreatment requirements during the previous twelve (12) months. The Director, shall be responsible for calculating the Users who have committed significant violations. Significant violation shall mean any of the following- (i) Chronic violations of wastewater discharge limits, defined here as those in which sixty -six (66) percent or more of wastewater measurements taken during a six -month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (ii) Technical review criteria (TRC) violations, defined here as those in which thirty -three (33) percent or more of wastewater measurements taken for each pollutant parameter during a six -month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for 60D, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH), (iii) Any other discharge violation that the Authority believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of PCTW personnel or the general public; (iv) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Authority's exercise of its emergency authority to halt or prevent such a discharge; (v) Failure to meet, within a stipulated deadline of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance, (vi) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self- monitoring reports, and reports on compliance with compliance schedules; (vii) Failure to accurately report noncompliance; or (viii) Any other violation(s) which the Authority determines will adversely affect the operation or implementation of the local pretreatment program." Secs, 78- 218 - -78 -280. Reserved. Section 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of (North Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 4. Except as otherwise provided in this Ordinance, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning and Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. Section 5. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 6. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. AND IT IS SO ORDAINED. PASSED AND APPROVED this 9th day of January, 2012. ��i' Ke 7M► ED] :id:101154:lW-l'I51MMIII '? ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary 1,1 »:1+1►1=I l7_[:a 011111010 iii I_1'► I Il I xclil41 WA George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.5 GN 2012 -002 Consider acceptance of a 2011 Homeland Security Grant #2011 -SR- 52356 -01 in the amount of $1,689..27 for Community Emergency Response Team (CERT) training and equipment Presenter: Sean Hughes, Emergency Management Coordinator Summarv: The City of North Richland Hills has been awarded a total of $1,689.27 from the Department of Homeland Security, Federal Emergency Management Agency for Community Emergency Response Team training and equipment. General Descriration: The Governor's Division of Emergency Management has issued a sub - recipient agreement to North Richland Hills for the purchase of various equipment and training materials to enhance the North Richland Hills Community Emergency Response Team ( "CERT "). This program began in 2004, is completely grant funded, and has trained over 250 Citizen Volunteers. According to the grant, 30% of the funds will be used to purchase additional equipment and 70% of the funds will be utilized for the purchase of CERT specific training materials. All of this equipment and training will greatly enhance the ability of North Richland Hills to respond to and recover from large emergencies and disasters. Acceptance of this grant does not require matching funds. The City will be reimbursed 100% after all equipment has been purchased. Recommendation: To accept the Department of Homeland Security, (Federal Emergency Management Agency grant in the amount of $1,689.27 for Community Emergency Response Team Training and Equipment. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.6 GN 2012 -005 Consider Approval of an Amendment to the Little Bear Creek Surface Use Agreement with Chesapeake Exploration, LLC, Providing for a .79 Acre Drill Site and Area of Surface Operations Expansion from 2.91 Acres to 3.70 Acres. Presenter: Jared Miller, Assistant City Manager Summarv: Council is being asked to approve an amendment to the Little Bear Creek Surface Use Agreement with Chesapeake Exploration, which will provide for a .79 acre drill site and area of surface operations expansion from 2.91 acres to 3.70 acres. This expansion will help with on -site safety by increasing the buffer area which separates production equipment from wellheads and the expansion will allow for an on -site valve assembly which will negate the need for an additional separate area containing gas production apparatus. General Description: The Little Bear Creek Surface Use Agreement (SUA) was executed in October 2008. This SUA provided Chesapeake Exploration with a 2.91 acre drill site. The site is currently planned to have 18 wells, of which 3 have been drilled to date. Chesapeake has requested a pad site expansion of .79 acres. This expansion will enable Chesapeake to increase their buffer area between the site's wellheads and its production equipment. The increase in buffer area is being requested because Chesapeake has changed some of their operating procedures in an on -going effort to create a safer working environment on their gas well pads. This safety initiative is also being implemented on Chesapeake's new gas well pad sites throughout the region. The pad expansion will also allow Chesapeake to incorporate a valve assembly (necessary for connecting the site's gas wells with a future gas pipeline) on the expanded pad area. Because the site's screening walls will be relocated after the pad has been expanded, this valve assembly will be screened along with the pad's other appurtenances without having to create a separate screened area immediately outside of the pad area solely for this valve assembly. The pad site is proposed to be expanded 40 feet to the east and 50 feet to the south. While initially Chesapeake desired to expand the pad to the north — closer to North Tarrant Parkway — the City's Development Review Committee (DRC) requested that Chesapeake's pad not get any closer to North Tarrant Parkway. The DRC did not want the pad any closer to North Tarrant Parkway because this area serves as a gateway to North Richland Hills. Additionally, North Tarrant Parkway has been reconstructed with some new landscaping and other aesthetic features added. The DRC felt that any expansion closer to North Tarrant Parkway would take away from these improvements to the corridor. Expanding the pad site to the east and to the south, addresses the DRC's concerns and the requested expansion plan has been approved by the DRC. Chesapeake will pay the City $81,443 for the additional area, which is equal to the per acre cost of the original 2008 Surface Use Agreement. The Development Review Committee has worked extensively with Chesapeake to ensure that the drill site expansion will have minimal impact on the Little Bear Creek Corridor. The expansion does not encroach into the FEMA identified floodplain. Representatives from Chesapeake 'Exploration, LLC will be available at the meeting to answer any questions. , RRANT PARKWAY (ZIJ.. — - -� r -- NORitI T� g,_j f MENT 3. 579 fSICAL C) — E %S -� RO¢�TYFE — �i .rv. - ntn IXn ¢ErAt exEer. s..ic N•w�oE Ar>FESe RCien - MBExITA+¢!!ST¢¢niT.m GAiE 'NHK KHWf S¢<K MCKmnIW��eR YV L =A —� IXBTWwAiet I 1 i �av -aeaao [nNE.F'uC1Em ¢uyi c Y�611"Y Ma FM. . BASE wnR ¢Fmua I SE¢IF� cca,n¢i vENC4.miEnE --+ ¢RiE IrvG W HIGHER Taiw. AL WC €NTq SEE tt7u�SHEE1. 14amFLOCmRHN� r ,r, I A, 1 r 1 I r R I EA I 1 r I I l r r r f d I j r 1 f r 7 l �IN4S 9F'/ iJf T1E LFIIiED (S[E nOiE 10 DN DRILVIn¢ — ! 1 r r 1 r r l r r I ©' R OW EASL L L, 4396, PG, 6 T. C, T. r d -- \ sTU ��ROFCSE¢swwis "`� ` �� I ry =ter.m � r XX I FROF PeNh'paflR J on l MENT 3. 579 fSICAL C) — E %S -� RO¢�TYFE — �i .rv. - ntn IXn ¢ErAt exEer. s..ic N•w�oE Ar>FESe RCien - MBExITA+¢!!ST¢¢niT.m GAiE 'NHK KHWf S¢<K MCKmnIW��eR YV L =A —� IXBTWwAiet I 1 i �av -aeaao [nNE.F'uC1Em ¢uyi c Y�611"Y Ma FM. . BASE wnR ¢Fmua I SE¢IF� cca,n¢i vENC4.miEnE --+ ¢RiE IrvG W HIGHER Taiw. AL WC €NTq SEE tt7u�SHEE1. 14amFLOCmRHN� r ,r, I A, 1 r 1 I r R I EA I 1 r I I l r r r f d I j r 1 f r 7 l �IN4S 9F'/ iJf T1E LFIIiED (S[E nOiE 10 DN DRILVIn¢ — ! 1 r r 1 r r l r r I ©' R OW EASL L L, 4396, PG, 6 T. C, T. r d -- \ sTU ��ROFCSE¢swwis "`� ` �� I ry =ter.m 1 � Recommendation: Approve an amendment to the Little Bear Creek Surface Use Agreement with Chesapeake Energy, which will provide for a .79 acre drill site and area of surface operations expansion from 2.91 acres to 3.70 acres. � XX I FROF PeNh'paflR I VJl 41�KHTS GF WAT'ERB 1 1- I NM f J 19EE NP v—FEw R¢mSVAY 1 � Recommendation: Approve an amendment to the Little Bear Creek Surface Use Agreement with Chesapeake Energy, which will provide for a .79 acre drill site and area of surface operations expansion from 2.91 acres to 3.70 acres. M KH AMENDMENT TO OIL AND GAS LEASE AND SURFACE USE AGREEMENT (To Amend Drill Site and Area of Surface Operations) Lessor/Grantor: City of North Richland. Hills 7301 Northeast Loop 820 North Richland Hills, TX 76180 Lessee /Grantee: Chesapeake Exploration, LLC PO Bog 18496 Oklahoma City, OK 73154 -0496 Effective Date: October 27, 2008 THE STATE OF TEXAS KNOWN ALL MEN BY TBESE PRESENTS: WHEREAS, on October 27, 2008 ( "Effective Date "), City of North Richland Hills, as Lessor/Grantor, executed and delivered to Chesapeake Exploration, LLC ( "Lessee /Grantee "), an Oil and Gas Lease (the "Lease ") and Surface Use Agreement described in Exhibit "B." The Lands described on the Exhibit "A" of said Lease and Surface Use Agreement were as follows: 97.272 acres of land, more or less, Tarrant County, Texas, described as the following four (4) tracts of land, to -wit: Tract 1 : 47.1545 sera, more or less, situated in the Stephen. Richardson Survey, Abstract No. 1266, and being that 56.625 acre tract of land described in that certain Warranty Deed dated September 19, 1994, from the Jeffrey A. Compton, Liquidating Trustee, to the City of North Richland Hills, recorded in Volume 11699, Page 219 of the Official Records of Tarrant County, Texas; LESS AND EXCEPT that 9.4745 acre tract of land described in that certain Special Warranty Dedication Deed dated October 8, 1996, from City of North Richland Hilts, to Tarrant County, Texas, recorded in Volume 12538, Page 2142 of the Official Records of Tarrant County, Texas. Tract 2 : 9.4745 acres, more or less, situated in the Stephen Richardson Survey, Abstract No. 1766, Tarrant County, Texas, and being further described in that certain Special Warranty Dedication Heed dated October 8, 1996, from City of North Richland Hills, to Tarrant County, Texas, and recorded in Volume 12538, Page 2142 of the Official Records Tarrant County, Texas. Tract 3 : 32.8692 acres, more or less, situated in the Stephen Richardson Survey, Abstract No. 126+6, and being that 40.647 acre tract of land described in that certain Special Warranty Deed dated November 15, 1992, from the Nelson Creditor Trust, to the City of North Richland Hills, recorded in Volume 10848, Rage 1525 of the Official Records of Tarrant County, Texas; LESS AND EXCEPT that 7.7778 acre tract of land described in that certain Special Warranty Dedication Deed dated October 8, 1996, from City of North Richland Hills, to Tarrant County, Texas, recorded in Volume 12538, Page 2137 of the Official Records of Tarrant County, Texas. Tract 4 : 7.7778 acres, more or less, situated in the Stephen Richardson Survey, Abstract No. 1266, Tarrant County, Texas, and being further described in that certain Special Warranty Dedication Deed dated October 8, 1996, from City of North Richland Hills, to Tarrant County, Texas and recorded in Volume 12538, Page 2137, of the Official Records of Tarrant County, Texas. WHEREAS, Lessor /Grantor and Lessee /Grantee, desire to amend the Exhibit `B" to the Surface Use Agreement to amend the Drill Site and Area of Surface Operations to reflect what is attached as Exhibit "A" to this Amendment. NOW THEREFORE, for adequate consideration, Lessor /Grantor agrees with Lessee/Grantee that the Drill Site and Area of Surface Operations covered by the Surface Use Agreement is hereby amended to reflect what is shown attached on Exhibit "A" of this Amendment. Lessor /Grantor adopts, ratifies, and confirms all the terms of the Lease and Surface Use Agreement, as amended by this Amendment, and hereby leases, demises, and lets all of the Drill Site and Area of Surface Operations referenced on Exhibit "A" to Lessee /Grantee, subject to the terms and provisions of the Lease and Surface Use Agreement. This Amendment shall extend to and be binding on the heirs, representatives, successors, and assigns of Lessor /Grantor and Lessee/Grantee. This Amendment is signed by Lessor /Grantor and Lessee /Grantee as of the date of the acknowledgments of their signatures below, but is effective for all purposes as of the Effective Date stated above. LESSOR/GRANTOR: [0) 1 W a#] 0 r e]: A I: 8. � C� 1:1 i 11:1011 l :11111 f Approved as to farm and legality: By: By: (Individually and in all Capacities for the above described Laud) Name: Nance: Title: Title: STATE OF TEXAS § COUNTY OF TARR ANT § The foregoing instrument was acknowledged before me, on this day of 2011 by of City of North Richland Hills, a Texas municipal corporation, on behalf of said corporation. GIVEN UNDER MY HAND AND SEAL OF +OFFICE, this the day and year last above written. Notary Public in and for the State of Texas. Signature of Notary: (Print Name of Notary Here) SEAL: My Commission Expires: LESSEE/GRANTEE: Chesapeake Exploration, LLC, an Oklahoma limited liability company Name: Henry J. Hood Title: Sr. Vice President — Land and Legal & General Counsel STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § Before me, the undersigned, a Notary Public in and for said County and State, on this day of , 2011, personally appeared Henry J. Hood, Senior Vice President - Land and Legal & General Counsel of Chesapeake Exploration L.L.C., an Oklahoma Limited Liability Company, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the flee and vohuitmy act and deed of such corporation, for the uses and purposes therein set forth. GIVEN UNDER MY HAND AND SEAL, OF OFFICE, this the day and year last above written. Notary Public in and for the State of Oklahoma. Signature of Notary: (Print Name of Notary Here) SEAL: My Commission Expires: M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.7 GN 2012 -003 Amend Article IV of Chapter 58 - Code of Ordinances Authorizing the Acceptance of Fees, Fines and Other Charges by Credit Card and Setting Processing Fees - Ordinance No. 3181 Presenter: Timmy Perdue, Public Safety Director Summarv: Chapter 132, Texas Local Government fees, authorizes cities to accept credit cards for payments with or without fees. This amendment will establish a beginning fee associated with credit card transactions in the North Richland Hills Detention facility at $6.00 per transaction. The funds collected will be placed in a revenue account to be used to off -set the expense incurred when accepting credit card transactions. General Description: The City of North Richland Hills is authorized to charge and collect additional fees to help off -set the expense(s) levied by credit card companies based on credit card transactions. An analysis was conducted of the fees paid by the City as a result of accepting credit cards for payment(s) of fines and bonds in the detention facility. Four months of charges and fee(s) invoices were examined. The average fee paid by the City was $7.24, which represented an average of 1.5% of the total collections. The amount charged per item ranged from $0.01 to $0.22 each, and the percentage rate for transaction fees ranged from 0.05% to 2.10% of transaction. A mathematical average of these fees was calculated, and the proposed transaction fee is set at a conservative figure below the computed average. This fee applies only to credit card transactions at the Detention facility and does not apply to other City operations which accept credit cards. Recommendation: Approve Ordinance No. 3181 RH ORDINANCE NO. 3181 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 58 OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES BY ADDING A NEW SECTION 58 -115 AUTHORIZING THE ACCEPTANCE OF PAYMENT OF FEES, FINES, COSTS OR OTHER CHARGES BY CREDIT CARD, AND SETTING PROCESSING FEES. WHEREAS, Chapter 132, Texas local Government Fees authorizes cities to accept credit cards for payments with or without fees and authorizes fees to be established by the city council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Article IV of Chapter 58 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Section 58 -115 which shall read as follows: "Sec. 58 -115. Payment by credit card. (a) Municipal officials who collect fees, fines, court costs, or other charges are authorized to accept payment by credit card. (b) Officials who accept payment by credit card for fines or bonds at the North Richland Hills Detention Facility shall collect a fee as a condition of accepting a credit card. Such fee shall be the lesser of $6.00 or 5% of the amount of such fine or bond. (c) The director of finance shall review the fee annually and adjust the amount collected to reflect as near as possible the actual amount charged by the credit card companies for processing transactions. This calculation shall be based on the monthly average of charges and fees incurred. The amount of fee proposed shall never be more than 5% of the total of any single transaction." Section 2: This ordinance shall be effective immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 9th day of January, 2012. elm k ED] A11 :1N[a]:Iwil'I5lMMI II W? Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1_W ;J:Z9] ►1 =1 IIUVE'2 119X016] ►10 =1 ►16 Jimmy Perdue, Director of Public Safety /Police Chief M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. B.8 PU 2012 -003 Award Bid # 12 -013 for Iron Horse Golf Course Section C Pump Station Improvements to C. Green Scaping, LP in the Amount of $84,700.00. Presenter: Vickie Loftice, Managing Director of Community Services Summarv: The City Council is being asked to award the contract for replacing the Section C Pump at Iron Horse Golf Course to C. Green Scaping, LP. General Descrir)tion: Bids were received for the replacement of the existing and original irrigation water pump station in the northern most portion of Iron Horse Golf Course north of Loop 820, serving holes 12 -17. A total of three pump stations serve the golf course. The other two original pump stations will need to be replaced in the coming years. For Section C, the new pumps will consist of variable frequency drives, stainless steel shafting and strainers, water lubricated bearings and a "power saver" control system. The FY 2012 approved budget for the project is $110,000. Notice of the City's intent to bid was advertised in the local newspaper as required by State Statute and posted on the City's website. Notice of the City's intent to bid was sent to several vendors requesting them to participate in this bid process. Staff held a pre -bid conference in which nine (9) vendors participated. Purchasing received four responses on December 20 as follows: C. Green Scaping, LP $84,700.00 Waterborne Pumps $93,895.00 MPS, Inc. $101,214.00 12R Integrity Integrations No Bid C. Green Scaping, LP has successfully performed work for the City in the past, including the recently completed Randy Moresi Trail. Similar projects include a pump station replacement project for Lantana Golf Course in Denton County and work with the City of Arlington on the Johnson Creek project. Recommendation: To Award Bid # 12 -013 for Iron Horse Golf Course Section C Pump Station Improvements to C. Green Scaping, LP in the Amount of $84,700.00 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. C.0 Public Hearings M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. C.1 ZC 2011 -06 Public Hearing and Consideration of a Request from Michael Morrow for a Zoning Change from AG Agricultural to R -1 -S Special Single Family on 7.69 acres in the Richardson Survey at 8801 Kirk Lane -Ordinance No. 3179 Presenter: John Pitstick, Planning and Development Director CASE SUMMARY: The property owner and applicant, Michael Morrow, is requesting approval of a zoning change from Agricultural to R -1 -S (single family) for a 7.69 acre tract out of a 54 acre agricultural estate. A preliminary plat was approved by the Planning & Zoning Commission in conjunction with this case, creating one single family developable lot out of the existing larger unplatted tract. Mr. Morrow plans to build his personal home on this lot and leave the remaining acreage as an open agricultural area. STAFF REVIEW: The larger Morrow estate which includes a 54 acre parcel has never been zoned or platted and functions as a rural agricultural setting. A couple of previously existing residences are present at the end of a dirt access road. Much of the property is within the Little Bear Creek flood plain area. R -1 -S is typically allowed in an estate setting with a minimum of 1 acre lots. The remainder of the larger Morrow estate will likely remain undeveloped agricultural property. The 7.69 acres being rezoned has direct access to Kirk Lane which has never been dedicated to the city as public right -of -way but the city does have prescriptive rights to the paving areas. As part of the final plat approvals for this lot, the city will be acquiring the needed minimum right of way for Kirk Lane outside the paving areas in a development agreement. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. This is a rural estate setting but falls in to the low density residential category. STAFF RECOMMENDATION: Approval of ZC 2011 -06, Ordinance No. 3179 LOCATION MAP IT ff� �- rn Z -- i AERIAL PHOTO} I n ;nn . n n n =�, F u { { } I J� I i PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEADING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL ZC 2011- 06 Applicant: Michael Morrow Location: 8801 Kirk Lane You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Michael Morrow for a Zoning Change from AG Agricultural to R -1 -S Special Single Family on 7.461 acres in the Richardson Survey at 8801 Kirk Lane. Public Hearinq Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 15, 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, JANUARY 9, 2012 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 7331 Northeast Loop 824 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 IRI go] a► 1 011a1411U:t9] »Z4WASITITI ►I =1z;v Michael & Stephen Morrow 11789 Buckley Ct Woodbridge Va 22192 -5725 Herbert Etux Debra Taylor 8916 Kirk Ln N Richlnd Hls Tx 76182 -7508 David Etux Shu Redelsperger 2909 L Don Dodson Dr Apt 1516 Bedford Tx 76021 -7954 Benjamin Etux Ann Loibl 8908 Kirk Ln NRH Tx 76182 -7508 Berwyn Etux Marjorie Caswell 8900 Kirk Ln Fort Worth Tx 76182 -7508 Cristi A Etvir Ricar Figueroa 8800 Kirk Ln NRH Tx 76182 -7502 ORDINANCE NO. 3179 ZONING CASE ZC 2011 -06 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 7.69 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R -1 -S (SPECIAL SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2010 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 7.09 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas. more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from AG (Agricultural) to R -1 -S (Special Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. ►_1'r I III 19 Pvf*xel N Bl I Z 14 53 PASSED AND APPROVED on this 9th day of January, 2012. CITY OF NORTH RICHLAND HILLS i F -AW U Oscar Trevino, Mayor Patricia Hutson, City Secretary George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A WHEREAS Michael W. Morrow & Charlene Morrow are the owners of that certain tract of land situated in the Richardson Survey, Abstract Number 1266 in the City of North Richland Hi [is, Tarrant County, Texas, according to the deed to Michael W. Morrow & Charlene Morrow recorded under Instrument No. D211282280 Of the Official Public Records of Tarrant County, Texas; the subject tract being more particularly descnbed by metes and bounds as follows: COMMENCING at a Y: inch capped rebar stamped "JPH LAND SURVEYING" set at the southwest comer of the tract described in the deed to Michael W. Morrow & Stephen K. Morrow recorded in Volume 8770, Page 652 of the Deed Records of Tarrant County, Texas, said Place of Commencing being 950 varas west and 237 varas north of the southeast comer of the Richardson Survey, Abstract No. 1266; THENCE SOUTH 89 DEGREES 22 MINUTES 14 SECONDS EAST, with the south line of the said tract recorded in Volume 8770, Page 652 of the said Deed Records, a distance of 250.00 feet to a Mag Nail with a metal washer stamped "JPH LAND SURVEYING" recovered at the southwest corner of the tract described in the deed to Michael W. Morrow & Charlene Morrow recorded under Instrument No. D211282280 and being the PLACE OF BEGINNING; THENCE NORTH 00 DEGREES 24 MINUTES 57 SECONDS EAST (bearing basis), with the west line of the said Michael W. Morrow & Charlene Morrow tract, a distance of 954.00 feet to a'fz inch capped rebar stamped "JPH LAND SURVEYING" recovered at the northwest corner of the Michael W. Morrow & Charlene Morrow tract; THENCE SOUTH 89 DEGREES 22 MINUTES I4 SECONDS EAST, a distance of to a'/x inch capped rebar stamped "JPH LAND SURVEYING" recovered at the northeast corner of the Michael W. Morrow & Charlene Morrow tract; THENCE SOUTH 00 DEGREES 24 MINUTES 57 SECONDS WEST, a distance of 954.00 feet to a Mag Nail with a metal washer stamped "JPH LAND SURVEYING" recovered at the southeast corner of the Michael W. Morrow & Charlene Morrow trams THENCE NORT14 89 DEGREES 22 MINUTES 14 SECONDS WEST, a distance of 351.20 feet returning to the Place of Beginning and enclosing 7.6915 acres- ZONING EXHIBIT i tll I� �I fs - I �1 i A .y Tom- T- -�' IMMO 'a 1 11 Y t� I rk `• Il 1 I I I I tl ..u... l'ffi -WA �I DIC M N I ilri�Sm�.eT � � tl mCaW+o��w.0 Iry M VIC�MM MAP � ji11 Zoning Exhibit f Morrow Ranch 7.6916 acres Richardson Survey Abstract Number 1266 ON k Kuk L—, N.01 Rhthd lLll� Tama C—lp, Taus Rwwdd m,derhemme,et Tlol ©:P.R.T.C.T., Rene 1 d...., axsnan.noa �r�..[,aaa a..s�.4mir_b twtnvw.be�rr �. .4 SStiJ $ ix a.exe�.m uwwwyxttq eex earwa.ww. y :.i°ap. a«na Iry M VIC�MM MAP � ji11 Zoning Exhibit f Morrow Ranch 7.6916 acres Richardson Survey Abstract Number 1266 ON k Kuk L—, N.01 Rhthd lLll� Tama C—lp, Taus Rwwdd m,derhemme,et Tlol ©:P.R.T.C.T., Rene EXCERPT FROM THE MINUTES OF THE DECEMBER 15, 2011 PLANNING AND ZONING COMMISSION MEETING ZC 2011 -06 Public Hearing and Consideration of a Request from Michael Morrow for a Zoning Change from AG Agricultural to R -1 -S Special Single Family on 7.69 acres in the Richardson Survey at 8801 Kirk Lane Chairman Shiflet opened the Public Hearing and asked the applicant to come forward. Thad Brundrett, 316 Bailey Ave, Suite 106, Fort Worth, TX 76107 stated he was representing Michael and Charlene Morrow requesting to rezone the property from AG to R -1 -S. The desire of the Morrows is to maintain the character of the property in an agricultural type environment while building their homestead for their retirement. They currently live in Virginia and plan on coming back to North Richland Hills. This property has been in the Morrow family for generations. Mr. Morrow's business schedule did not allow him to be present at tonight's meeting. The Morrow's intend on working with the city to build a home that will add value to the area. Clayton Comstock came forward stating this zoning change request from AG to R -1 -S for 7.69 acres of a 54 acre tract owned by the same property owner but they intend to plat off this piece for new home construction. In addition the dedication of right of way will be planned for along Kirk Lane and a separate developers agreement will be taken care of at the final plat stage. Staff recommends approval of the zoning change request. Chairman Shiflet asked if anyone wished to speak for or against the request. Seeing none he closed the Public Hearing and entertained a motion. APPROVED Mark Haynes motioned to approve ZC 2011 -06 as presented, seconded by Steven Cooper. The motion as approved unanimously (5 -0). 7. PP 2011 -04 Consideration of a Request from Michael Morrow for a Preliminary Plat of Lot 1, Block 1, Morrow Ranch Addition located on 7.69 acres at 8801 Kirk Lane. Thad Brundrette came forward stating for the record the property and application is actually owned by Michael and Charlene Morrow. The balance of the property is owned by Michael and Stephen Morrow. There has been a division of this property under the local government code that allows that division. He said there has been a lot of discussion with staff relative to working out an agreement relative to right of way dedication and a more comprehensive agreement that would allow for dedication of right of way for the balance of Kirk Lane that Michael and Stephen own independent of Michael and Charlene. Clayton Comstock stated that staff has nothing to add to the request and recommends approval of this Preliminary Plat case. APPROVED Kathy Luppy motioned to approve PP 2011 -04 as presented, seconded by Mark Haynes. The motion as approved unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. C.2. ZC 2011 -12 Public Hearing and Consideration of a Request from Keith Bertelsen for a Zoning Change from R -1 Single Family and C -1 Commercial to CS Community Services on Lots 15 & 16, Block 1, Thompson Park Estates located on 1.25 acres at 6417 & 6425 Precinct Line Road - Ordinance No. 3178 Presenter: ,John Pitstick, Planning and Development Director CASE SUMMARY: Keith Bertelsen (Owner) and Express Oil Change (Applicant) are requesting approval of a Zoning Change from "R -1" Residential and "C -1" Commercial to "CS" Community Services on Lots 15 & 16, Block 1, Thompson Park Estates, being 1.256 total acres of land located on the west side of Precinct Line Rd between Mid - Cities Blvd and Martin Dr. The impetus for this zoning change request is an accompanying Special Use Permit (SUP) request for an Automobile Lubrication Center with limited automobile and light truck repair (Case # SUP 2011 -09). EXISTING SITE CONDITIONS: The property is currently undeveloped, as are three residentially -zoned lots to the north (corner of Martin Drive and Precinct Line) as well as the property to the west. Across Wayne Lane to the south is a Steak n' Shake restaurant and further west is a Home Depot home improvement store. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Retail" uses for this area. The Retail (Land Use is intended to permit a variety of retail trade, personal and business services establishments and offices. THOROUGHFARE PLAN: The property is a corner lot that fronts Precinct Line Road (P7U Principal Arterial) and has a side along the dead -ended Wayne Lane (R2U Local Street). ADJACENT ZONING/LAND USE: North: R -1 / Retail East: Precinct Line Rd 1 City of Hurst South: PD 1 Retail (Steak n' Shake restaurant) West: C -1 1 Retail (vacant) DEED RESTRICTIONS: This property is part of the original Thompson Park Estates platted in 1954 and expanded in 1958 as a residential subdivision. Staff has seen documentation that the original subdivision had a deed restriction limited to residential uses. While the City does not generally recognize or enforce deed restrictions, the owners may have to make legal changes to the deed restrictions or face title exceptions with lending agencies. STAFF RECOMMENDATION: Staff recommends approval of the zoning change request. The request is consistent with the Comprehensive Plan's future land use recommendation of "Retail" in this specific location. Staff would also support the expansion of the "CS" zoning to include the entire area recommended for Retail by the Comprehensive Plan, as those properties are currently vacant. Such a rezoning would allow for a more comprehensive office /retail development to be considered. Staff believes that office and retail uses are the highest and best use for the area. Mid Cities Blvd LOCATION MAP AERIAL PHOTO �L i� City of Hurst I FiG a. h9artin Cr,. w - - xp � •- _�� � yea ' 7 Harms �r;. f 4 we Ia- Depot 4 t ." # Mid Cities Blvd -, PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION 1�1r1 axe] IWK+ 10111► Eel II Case Numbers: ZC 2011- 12, RP 2011- 07, SUP 2611- 06 Applicant: Keith Bertelsen & HHH Luibe LLC Location: 6417 & 6425 Precinct Line Road You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearinas: ZC 2011- 12: A Public Hearing is being held to Consider a request from Keith Bertelsen for a Zoning Change from R -1 Single Family and C -1 Commercial to CS Community Services on Lots 15 & 16, Block 1, Thompson Park Estates at 6417 & 6425 Precinct Line Rd. RP 2011- 07: A Public Hearing is being held to Consider a request from from HHH Lube LLC for a Replat to create Lots 15R and 16R, Block 1, Thompson Park Estates at 6417 & 6425 Precinct Line Road. SUP 2011- 09: A Public Hearing is being held to Consider a request from HHH Lube LLC for a Special Use Permit for an Automobile Lubrication Center at 6417 Precinct Line Road. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 15, 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, JANUARY 9, 2012 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 7361 Northeast Loop 820, North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Susan K Taggart 917 Harwood Ter Bedford Tx 76021 -2310 Edward Etux Betty Wills 11992 Buttercup Ln Justin Tx 76247 -7713 H Keith Bertelsen 2606 Rosebud Ln Richland Hills TX 76118 -6730 Steak N Shake Operations Inc 36 S Penn St Ste 500 Indianapolis In 46204 -3630 Elizabeth Schoenberger Tr D &r E Schoenberger Rev Liv Tr 7516 Susan Ct N Richind Hls Tx 76180 -6740 Kimberly Ann Hawkins 9216 Martin Dr N Richind Hls Tx 76182 -4805 City of Hurst Planning and Zoning 1505 Precinct Line Road Hurst, Texas 76054 Hd Developement Properties LP % Home Depot USA Tax Dpt 6533 PO Box 105842 Atlanta Ga 30348 -5842 ORDINANCE NO. 3178 ZONING CASE ZC 2011 -12 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 1.25 ACRE TRACT OF PROPERTY FROM R -1 (SINGLE FAMILY RESIDENTIAL) AND C -1 (COMMERCIAL) TO CS (COMMUNITY SERVICES) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a 'hearing before the Planning and Zoning Commission was sent to real property owners within 2001 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, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.25 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A from R -1 (Single Family Residential) and C -1 (Commercial) to CS (Community Services) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by lava. Section 4: This ordinance shall be in full force and effect immediately after passage. 1_1k'IQIdE- - I&IOX63017-►1►140 PASSED ANN APPROVED on this 9th day of January, 2012. CITY OF NORTH RICHLAND HILLS ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary r,1 ;J,:t91►►=1 11F-11'2 11911 to] N k►, It :1► I •l I =10 I I Wiii George A. Staples, City Attorney F-11:21:21 :t9] ►1=I11 :1'2 11*i0I61 `r 10 =1 ►16 John Pitstick, Planning & Development director EXHIBIT A DESCRIPTION Being a 1.256 acre tract of land out of the Tandy K. Martin Survey, Abstract No. 1055 and situated in the City of North Richland Hills, Tarrant County, Texas and being a port ion of Lot 15 and Lot 16, Block 1, Thompson Park Estates, an addition to the City of North Richland Hills according to the plat thereof recorded in Volume 388 -12, Page 31, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a TxDot monument found at the intersection of the westerly right -of -way line of Precinct Line Road is 120' right -of -way) and the southerly line of Lot 16, dock 1, Thompson Park Estates, an addition to the City of North Richland Hills according to the plat thereof recorded in Volume 388 -12, Page 31, Plat Records, Tarrant County, Texas;. THENCE West, along the southerly line of said Lot 16, a distance of 219.38 feet to the southwest corner of said Lot 16; THENCE N0Q'16'01 "E, along the westerly line of said Lots 15 and 16, a distance of 249.87 feet to the northwest corner of said Lot 15; THENCE East, along the northerly line of said Lot 15, a distance of 118.43 feet to a point in the westerly right -of -way line of said Precinct Line Road; THENCE 500 °02'55 "W, along the westerly right -of -way line of said Precinct Line Road, a distance of 249.87 feet to the POINT OF BEGINNING and containing 1.256 acres of land. ZONING EXHIBIT a � m �v �s r a, I FtYPi7' idll I «i¢1 arss�el praaM,Wimml�lwa��i.�i m.ry wo.sews.�. r.ul.il � �MtHU W V N �A?mY.n .a....,, «n.,m. -.i.. _. a�aai�serm�.wn�.....riav ZONING EDIT 1.256 Acres MTHiK THE dtt 6F NCiFI f: C19.AN6 HiuS YNili'ANT COUNTY, TExA5. AN BFINC 9TUA7W IN THE TAH6Y K. gkRIIN %1Rt€Y, ASSTRACT N6. 1066 N6'FR 2611 RILHIAIId Hill$ R11A5 Y611'e ( L ( lof ]] 'Ga0 lEG5 'M�o¢t � 9((AM�S])1 ttxws fa� (81'11 �o nw iut CL PkCi: 1 JA5'r#I i NRXLeGS W"H lCl fIN M1LH R PECSI K. 7. 2011 R Ml m LOCATION MAP x � 0 �M1 Of fl D 1" AD G5 i�ILT 0 09 G :5 EA95RK ZpNNV^ P-S' Pg� i�s/+'/G Z4NwC 'L' -i' LALCf1N Rf7kO ,��,pR0i 5i %�OP�yeP pN�G1 a'A e1 15� ,,Y b�� 0 0 i � HN N9 �ft pAC>E ,.. , 54,698 S.F./ 1.25E ACRES 'CS' e me xamlc x -s' PROPOSED ZONING msrxc m+,vc 'R-v 1 �A�P 1 5 R' �'f• ��1H�fiP u� L Pl' PROPOSED ZONING "L'S" E: IMS IGIML t -I' ' x�sr aaM 'O AP °AYurye a e�PT O 9 g ° tsa z ,r m_r £.n51dC FtiueSU �' a x a � m �v �s r a, I FtYPi7' idll I «i¢1 arss�el praaM,Wimml�lwa��i.�i m.ry wo.sews.�. r.ul.il � �MtHU W V N �A?mY.n .a....,, «n.,m. -.i.. _. a�aai�serm�.wn�.....riav ZONING EDIT 1.256 Acres MTHiK THE dtt 6F NCiFI f: C19.AN6 HiuS YNili'ANT COUNTY, TExA5. AN BFINC 9TUA7W IN THE TAH6Y K. gkRIIN %1Rt€Y, ASSTRACT N6. 1066 N6'FR 2611 RILHIAIId Hill$ R11A5 Y611'e ( L ( lof ]] 'Ga0 lEG5 'M�o¢t � 9((AM�S])1 ttxws fa� (81'11 �o nw iut CL PkCi: 1 JA5'r#I i NRXLeGS W"H lCl fIN M1LH R PECSI K. 7. 2011 R Ml m LOCATION MAP EXCERPT FROM THE MINUTES OF THE DECEMBER 15, 2011 PLANNING AND ZONING COMMISSION MEETING ZC 2011 -12 Public Hearing and Consideration of a Request from Keith Bertelsen for a Zoning Change from R -1 Single Family and C -1 Commercial to CS Community Services on Lots 15 & 16, Block 1, Thompson Park Estates located on 1.25 acres at 5417 & 6425 Precinct Line Road. Chairman Shiflet opened the Public Hearing and asked the applicant to come forward. It was noted that the applicant requested that his presentation go after staff presentation. Clayton Comstock stated this zoning change request from 'R -1 Single Family and C -1 Commercial to CS Community Services located at 6417 and 6425 Precinct Line Road in between Mid Cities Blvd. to the south and Martin Drive to the north. The property is currently vacant and undeveloped surrounded by Home Depot, Steak and Shake, and CVS Pharmacy. The existing zoning on and around this property is C -1 Commercial as well as R -1 Single Family with a Planned Development to the south. The future land use designation recommends this area to be retail and office development more comprehensive in nature with pad sites in front of the Home Depot and perhaps garden offices or reuse of the existing homes as offices along Martin Drive. Staff is in support of the zoning change and recommends approval. Chairman Shiflet asked if anyone else wished to speak for or against the case, seeing none he closed the public hearing and entertained a motion. APPROVED Bill Schopper motioned approve ZC 2011 -12, seconded by Mark Haynes. The motion as approved unanimously (5 -0). NKH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. C.3 SUP 2011 -09 Public Hearing and Consideration of an Appeal Request from HHH Lube LLD for a Special Use Permit for an Automobile Lubrication Center with Limited Repair Services at 6417 Precinct Line Road - Ordinance No. 3180 Presenter: John Pitstick, Planning and Development Director CASE SUMMARY: Express Gil Change is requesting approval of a Special Use Permit for an "Automobile Lubrication Center" with limited automobile an light truck repair on a vacant 0.75 acre parcel of land located on the west side of Precinct Line Road between Mid - Cities Boulevard and Martin Drive. The SUP request is in conjunction with a zoning change request to "CS" Community Services (Case # ZC2011 -11). STAFF REVIEW: According to their website (expressoil.com), the Express Gil Change Company currently has over 170 service locations throughout ten southern states. Two are currently listed in Texas: Cedar Park (Austin area) and Spring (Houston area). Each Express Gil Change & Service Center location houses a full- service automotive mechanical department which offers the following services: Lubrication Services Mechanical Services Oil Change Rotate & Balance CV Axle Transmission Brake Inspection Alignments Fuel Systems Brake Service Tires Air Filters Air Conditioner Differentials Fuel Filters Scheduled Maintenance Batteries Wipers Coolant water Pumps Timing Belts General Repairs Belts /Hoses Fuel Pumps Fleet Service Electronic Ignition Shocks /Struts Computer Diagnostics Fuel Injectors The proposed service center is the company's standard; with three drive- through quick - service bays and two larger drive - through service bays. As proposed, the building would have a wainscot of limestone and natural brick for the remainder, as well as a "regal blue" standing -seem metal roof. EXISTING ZONING: "C -1" Commercial and "R -1" Single Family Residential PROPOSED ZONING: "CS" Community Services EXISTING PLATTING: Lot 16 and a portion of Lot 15, Block 1, Thompson Park Estates PROPOSED PLATTING: Lot 16R, Block 1, Thompson Park Estates ADJACENT ZONING /LAND USE: North: R -1 1 Single Family (proposed as "CS" with ZC2011 -11} East: Precinct Line Rd 1 City of Hurst South: PD ! Retail (Steak n' Shake restaurant) West: C -1 1 Retail (vacant) THOROUGHFARE PLAN: The property is a corner lot that fronts Precinct Line Road (P7U Principal Arterial) and has a side along the dead -ended Wayne Lane (R2U Local Street). FYI - Wayne Lane serves as the main entrance for The Home Depot. PLANNING & ZONING COMMISSION ACTION: Recommended denial of the case (4- 1). The applicant has submitted a letter requesting an appeal of P &Z's motion and further consideration by City Council. STAFF RECOMMENDATION: The Development Review Committee does not support the proposed special use permit (SUP) for an "Automobile Lubrication Center" with limited automobile and light truck repair at this particular location in North Richland Hills for the following reasons: a. This area has developed into an attractive office, restaurant and retail center and staff feels that primary office and retail uses are the highest and best use for the area. b. The introduction of an auto lube center at this location would restrict visibility to vacant property behind this site and could diminish opportunities for retail and office uses on adjacent vacant properties. c. The preferred locations for these types of uses are existing underutilized properties with same or similar uses (i.e. redevelopment of a "dark" gas station to a new auto lube center). This is new construction proposed on currently vacant land ( "greenfield development "). Should the City Council feel differently about the requested use and decide to approve this Special Use Permit, staff recommends that the approval be subject to the applicant returning to City Council under the same SUP case for final review and approval of a revised Site Plan. During the recent past, staff has required that uses of this type orient the building so that the service bay doors do not face primary streets or thoroughfares. To avoid service bays facing Precinct Line, staff recommends reorienting the building so that the service bays face north /south, understanding that such reorientation will likely result in different traffic patterns through the site, different building elevations and different landscaping plans. These revisions will need to be reviewed by staff and could result in additional review comments and further consideration by the Planning & Zoning Commission and/or City Council. In addition to complying with the above comment there are some informational comments that pertain to the revised Site Plan that staff wants to bring to Council's attention. 1. The proposed driveway on Precinct Line does not meet the minimum driveway spacing requirement of 500 feet along an arterial roadway pursuant to Section I- 04.Q.2.d, Public Works Design Manual. The City's traffic consultant has reviewed the traffic impact analysis (TIA) for the proposed SUP and offers the following reasons why they do not recommend a commercial driveway at this location: a. The additional access point between Martin and Wayne Lane creates several additional conflict points within a short stretch of roadway. b. The proposed access point is located within the existing northbound left - turn lane at Precinct Line Road and Martin Drive. There are some reasons however to support a commercial driveway at this location. The main reason is that TxDOT has agreed to allow a "right -in /right -out" driveway at this location if the existing three residential driveways were eliminated. 2. The shaded off -site improvements shown on the proposed Site Plan (or the "Concept Plan" area) is not consistent with the existing zoning nor is part of this zoning change and SUP request. Staff would recommend that the revised site plan show a concept plan that is consistent with the zoning. AERIAL PHOTO Martir CF 7T, y D L rst WM also 41, l k n c 1\1ld Cl: es 9I 'd - - �; CL PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION 1�1r1 axe] IWK+ 10111► Eel II Case Numbers: ZC 2011- 12, RP 2011- 07, SUP 2611- 06 Applicant: Keith Bertelsen & HHH Luibe LLC Location: 6417 & 6425 Precinct Line Road You are receiving this notice because you are a property Owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearinas: ZC 2011- 12: A Public Hearing is being held to Consider a request from Keith Bertelsen for a Zoning Change from R -1 Single Family and C -1 Commercial to CS Community Services on Lots 15 & 16, Block 1, Thompson Park Estates at 6417 & 6425 Precinct Line Rd. RP 2011- 07: A Public Hearing is being held to Consider a request from from HHH Lube LLC for a Replat to create Lots 15R and 16R, Block 1, Thompson Park Estates at 6417 & 6425 Precinct Line Road. SUP 2011- 09: A Public Hearing is being held to Consider a request from HHH Lube LLC for a Special Use Permit for an Automobile Lubrication Center at 6417 Precinct Line Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 15, 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, JANUARY 9, 2012 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 7361 Northeast Loop 820, North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Susan K Taggart 917 Harwood Ter Bedford Tx 76021 -2310 Edward Etux Betty Wills 11992 Buttercup Ln Justin Tx 76247 -7713 H Keith Bertelsen 2600 Rosebud Ln Richland Hills TX 76118 -6730 Steak N Shake Operations Inc 36 S Penn St Ste 500 Indianapolis In 46204 -3630 Elizabeth Schoenberger Tr D & E Schoenberger Rev Liv Tr 7516 Susan Ct N Richlnd Hls Tx 76180 -6740 Kimberly Ann Hawkins 9216 Martin Dr N Richlnd Hls Tx 761 82 -4805 City of Hurst Planning and Zoning 1505 Precinct Line Road Hurst, Texas 76054 Hd Developement Properties LP % Home Depot LISA Tax Dpt 6533 PO Box 105842 Atlanta Ga 30348 -5842 REQUEST FOR APPEAL LETTER December 20, 2011. John Pitstick Director of Planning and Development City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 Fax: (817) 427 -6303 RE: Case No. SUP 2011 -09 & SERVICE CENTER Dear Mr. Pitstick: HHH Lube, LLC is hereby requesting the opportunity to present to the City Council under the above - referenced SUP case for hearing at the next City Council meeting. If you have any questions, please contact me at (817) 917 -8839. Otherwise, thank you for your time and assistance. Sincerelyt- m� James Harrison Owner HHH Lube, LLC dba Express Oil Change & Service Center 6313 Femcreek Lane Ft. Worth,, TX 76179 -4702 Phone: (817) 917 -8839 Email: jmshrsn @me.com ORDINANCE NO. 3180 SUP 2011 -09 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 AN AUTOMOBILE LUBRICATION CENTER WITH LIMITED REPAIR SERVICES ON PROPERTY LOCATED AT 6417 PRECINCT LINE ROAD; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 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 an automobile lubrication center with limited repair services on property located at 6417 Precinct Line Road described in the attached Exhibit "A ", subject to approval of an amended site plan by the city council. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty 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 9th day of January, 2012. CITY OF NORTH RICHLAND HILLS ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary r,1 ;J,:t91►►=1 11F-11'2 11911 to] N k►, IF-11 ► I •l I =10:► I I Wiii George A. Staples, City Attorney F-11:21:21 :t9] ►1=I11 :1'2 11*i0I61 `r 10 =1 ►16 John Pitstick, Planning & Development director SITE PLAN I it ---------------- oilll�' AUTO WAYNE LkNE — --m Mug XM40,:.. M, �' �m '...Say" WQTW x4p M mm gm pw FOR C ' Milpiress 0H BEM 0 YOW APES *VT QFPK TMW K W"AL FASTRACT NO, ION OW IN TUARD IM WE CITV Cr MXlH ROL" FlU.& IFKAS NOWNIM 2m1 i O%asmOAL for Mw LIM WQTW x4p M mm gm pw FOR Milpiress 0H BEM 0 YOW APES *VT QFPK TMW K W"AL FASTRACT NO, ION OW IN TUARD IM WE CITV Cr MXlH ROL" FlU.& IFKAS NOWNIM 2m1 i O%asmOAL for Mw LIM LANDSCAPE PLAN t ' t i 1 I C* f� 0 00 Oleo si t i ss r r i ,rar J p m as 1p 5p BTU �. �. P_ rw.. z. mmae r sc., w. .uumw Mk.w wnona mn.r r nu 7 r 1. ' is 4ZiQL - -L e.c9aac a . ecr craewm.e w 0 Latim -Aw kCGNI�MLIWTR E _ umn wrxwraiwa, wraar.�..awars .rr a�arewp...rk'+AV'ewa mom- MIT 't C> k rrea L -1 WAYNE LANE P' ... ^� - ,w wadrt -ss�.q �. W ELEVATIONS l �� m ,��olllllll' I!Illllfiw„ EXCERPT FROM THE MINUTES OF THE DECEMBER 15, 2011 PLANNING AND ZONING COMMISSION MEETING SUP 2011 -09 Public Hearing and Consideration of a Request from HHH Lube LLC for a Special Use Permit for an Automobile Lubrication Center at 6417 Precinct Line Road. Chairman Shiflet opened the Public Hearing for SUP 2011 -12 to come forward. Clayton Comstock continued with the next case SUP 2011 -09 request from HHH Lube LLC which is a franchisee of Express Oil Change with the owner being Keith Bertelsen requesting a Special Use Permit for Automotive Lubrication Center with limited automobile repair as well. The location for the request is 7417 Precinct Line Road. He gave a PowerPoint presentation showing the locations of the SUP and Zoning Change. According to their website from Express Oil Change, these types of services are at all their locations: lubrication services, mechanical services including general repairs. As previously explained in the zoning change request, the future land use for this area is retail and office. Staff and the Comprehensive Land Use plan see this as a restaurant and retail corner. Staff is recommending that the Special Use Permit for the automobile lubrication center not be approved because of the location not lining up with the Comprehensive Land Use Plan. In addition, if this use goes into the proposed location it might cut off visibility and marketability of those properties to the west and north and encourage more automobile oriented uses. In summary, Mr. Comstock stated there are mainly three reasons why staff is not in support of the Special Use Permit is (a) the preferred locations for these types of uses are existing underutilized properties with same or similar uses (i.e. redevelopment of a "dark" gas station to a new auto lube center). This is new construction proposed on currently vacant land ( "greenfield development "). We would rather see these types of facilities go into an already existing facility with the same use. (b) the introduction of an auto lube center at this Location could restrict visibility to vacant property behind this site and diminish opportunities for retail and office uses on adjacent vacant properties. (c) this area has developed into an attractive office, restaurant and retail center and staff feels that ;primary office and retail uses are the highest and best use for this area. Staff feels this area of the city is sufficiently serviced by this type of use. If the Planning and Zoning Commission and City Council recommend approve of the Special Use Permit, staff recommends that the site plan be revised because there are some concerns. Staff recommends that City Council have final approval of the site plan before a building permit can be issued. Mr. Comstock stated there are minimum standards that staff recommends to be incorporated into the site plan. After the PowerPoint presentation, he said the applicant has requested the replat RP 2011 -07 next on the agenda be continued until January 19, 2012. Chairman 5hiflet asked Caroline Waggoner if Kimley Horn was here to represent the city or the applicant. Would it be appropriate to hear from them in conjunction with the presentation? Caroline Waggoner stated they were here for the traffic study submitted by the applicant on behalf of the city. They did not come prepared for a presentation but here to address any questions on the proposed driveway. James Harrison, 6313 Ferncreek Lane, Fort Worth, TX came forward as the president of HHH Lube LLC requesting the Special Use Permit. He said they have looked at several properties in the surrounding DFW area and this location is the one they felt meets all the criteria. Express Oil is pretty firm on what they feel their target market is and they feel this is it exactly. They have looked at other areas in North Richland Hills and have not found a fit for their criteria as this property. He stated he looked at several other business opportunities from aircraft windshield manufacturing to steel grading and after consulting with a colleague of his was introduced to Express Oil. He states they are the "Neiman Marcus" of oil change facilities. John Davis, 1880 Southpark Drive, Birmingham, AL carne forward stating he has been with Express Oil Change about five years as Preconstruction Manager. He gave a presentation about the company stating they have 186 stores in the southeast and they are targeting Texas, in particular the greater Fort Worth area. North Richland Hills kept coming up as one of the premier communities and that is why Express Oil Change wants to be a part of it. Mr. Davis gave a PowerPoint presentation explaining site plan, exterior elevations, expected sales, sales tax and property tax to NRH, discussed competition locations and annual sales. Mr. Davis said the proposed building will not restrict visibility because the building is only 91 feet long. He stated they have submitted plans to TxDOT and received their approval for a right in — right out access and it is desired to keep that since there has been approval from TxDOT. He said he is in agreement with staff's concern over the large expanse of concrete pavement in the west and they can cut it down 20 feet and landscape it. He said the only issue would be if the city would do away with the access off of Precinct Line and if they would have to enter through the rear of the property. He said they will use solid metal gate on the proposed dumpster enclosure, wrought iron and living screen to enclose the A/C units. Regarding the elevations stone has been shown on the evaluations and landscaping will comply with staff recommendations. John Pitstick came forward and stated this was the only time they have seen the changes on the site plan presented tonight. He stated that P &Z has heard staff recommendations. Chairman Shiflet asked if anyone else wanted to speak for or against, seeing none he closed the public hearing and entertained a motion. DENIED Bill Schopper motioned to approve SUP 2011 -09. There were no seconds. Steven Cooper motioned to deny SUP 2011 -09, the motioned was seconded by Mark Haynes. The motion was approved (4-1). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. F.0 GENERAL ITEM'S M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. F.1 GN 2012 -004 Consider Approval of a License Agreement and a Public Right -of -Way Use Agreement (Natural Gas Pipeline Crossing) with Texas Midstream Gas Services, L.L.C. for a 12 inch gas pipeline in the Little Bear Creek Corridor Presenter: John Pitstick, Planning and Development Director and Greg VanNieuwenhuize, Assistant Public Works Director Summarv: Council is being asked to approve two (2) agreements with Texas Midstream Gas Services (TMGS) which would allow the installation and operation of a 12 inch gas pipeline in the Little Bear Creek Corridor. This pipeline would connect the Little Bear gas well site (off of North. Tarrant Parkway) with the Morrow- Stevens gas well site (off of Kirk Lane). General Descrir)tion: Presently, there are six (6) gas well sites in North Richland Hills. All of these sites are able to get the gas produced from their well site to market except for the Little Bear site. TMGS desires to construct and maintain a 12 inch gas pipeline within a proposed 20 foot easement which would connect the Little Bear gas well site to the Morrow Stevens gas well site. Thus, this is the final leg of connecting gathering gas pipelines that would allow gas production from all 6 current gas well sites within North Richland Hills. Most of the property within the proposed 20 foot pipeline easement is controlled by the City and has been reviewed and approved by the Development Review Committee. This property is either owned by the City or is public Right -of -Way. (The public ROW is Smithfield Road, south of North Tarrant Parkway, and Cherokee Trail, immediately west of Davis Boulevard). A majority of the pipeline will be bored or directionally drilled to avoid disturbance of sensitive open space areas. There are a few open -cut areas and a few temporary work space areas that will be necessary to allow access for vehicles and equipment to perform the boring /directional drill and the open -cut construction operations. There are three (3) areas of open -cut construction. These areas include the area just north of the Forest Glenn West neighborhood, the area south of the proposed Thornbridge West Addition (at the extension of Timber Drive) and the area on the north side of the Morrow property. The Forest Glenn West neighborhood is the closest neighborhood to pipeline operations and TMGS will be required to keep the neighborhood informed, to install sound walls and to install construction fencing where necessary. For the most park, the areas that are being open -cut are away from any areas having mature trees. The two (2) exceptions to this are an area at the end of Timber Drive which follows the exact path of the proposed John Barfield Trail and an area directly in front of (north of) the Little Bear gas well site. The first area is an area where the trees proposed for removal would have been removed with the future trail construction. The second area is an area that TMGS is requesting for staging of directional drilling operations in order to not disturb any of the other trees in the Little Bear Creek park site east of the gas well site. The Parks and Recreation Department staff has agreed to accept funds to be placed in a tree mitigation account that will allow for the re- establishment of trees in this area. Beyond the City -owned property TMGS desires to cross Smithfield Road, Cherokee Trail and Davis Boulevard (FM 1938). TMGS proposes to cross Smithfield Road between North Tarrant Parkway and Little Bear Creek. TMGS proposes to cross under Cherokee Trail immediately west of Davis Boulevard. TMGS' proposed crossing of Davis Boulevard will need to be approved by TxDGT. The Public Works Department has reviewed the crossing locations to insure that City infrastructure would not be impacted with the construction of the gas pipeline. The license agreement with Texas Midstream is for a 20 year timeframe. License fees include $2.40 per square foot of permanent licensed area which includes a 20 foot easement for a length of a little more than 7,000 linear feet including properties within the Little Bear Creek park site, Little Bear Corridor land and Northfield Park. The license fees also include $1.05 per square foot for about 5.2 acres of temporary work space with a majority of the area in the open area southeast of the intersection of North Tarrant Parkway and Smithfield Road. The Right -of -Way Use Fees (per the City Code) to cross Smithfield Road and Cherokee Trail are $47.00 per linear foot. Please see the table below for a breakdown of these license and ROW use fees. Licensed Easement Area 143,605 SF X $ 2.40/SF = $ 344,652.00 Temporary Work Space 229,694 SF X $ 1.05/SF = $ 241,178.70 Right -of -Way Use Fee 229 LF X $ 47.001LF = $ 10,763.00 Tree Mitigation Fee $ 23,034.55 TOTAL $ 619,628.25 These agreements are non - exclusive license agreements allowing the city continued use of the property. Any approvals necessary from the U.S. Corps of Engineers, TxDCT and/or FEMA is the responsibility of TMGS. A $50,000 bond is required to guarantee all restoration of properties. A $5,000,000 general liability insurance policy is required and an indemnity statement is included in the agreement. Construction must begin within 120 days and the entire pipeline must be installed no later than 180 total days from the execution of the License Agreement. The Development Review Committee has worked with TMGS for several months to assure that the gas pipeline and its construction would have minimal impact on the Little Bear Creek Corridor. There will be several places that the John Barfield Trail will run on top of the pipeline easement. Representatives from TMGS will be available at the meeting to answer any questions. Recommendation: Approve both the License Agreement and the Public Right -of -Way Use Agreement (Natural Gas Pipeline Crossing) with Texas Midstream Gas Services, L.L.C. for a 12 inch gas pipeline in the Little Bear Creek Corridor. r4 l TITTLE BEAR CREEK CORRIDOR PIPELINE LICENSE AGREEMENT (FEE PARCEL PROPERTY) This License Agreement ( "Agreement ") is hereby made and entered into by and between the City of North Richland Hills, Texas (the "City "), a home rule municipality created in accordance with Chapter 9 of the Texas 'Local Government Code, and Texas Midstream. Gas Services, L.L.C. ( "Licensee "), an Oklahoma limited liability company. WHEREAS, Licensee desires, at its sole cost and expense, to construct, operate and maintain one buried natural gas pipeline across and under certain real property owned by the City, which consists of separate tracts described in Exhibit "A" attached; WHEREAS, under the conditions and restrictions hereinafter set forth, the exercise by Licensee of the rights granted herein will not be incompatible with the requirements of the City for the use, operation and maintenance of such real property for public utility and other municipal purposes; and WHEREAS, the granting of such license to Licensee is subject to the continuing use of the land by the City at all times for public utility and other municipal purposes. NOW THEREFORE, the parties hereto agree as follows: 1. Grant of License. The City, to the extent of its interest therein, hereby grants to Licensee, for a period of twenty (20) years from the date hereof, a license to construct, operate and maintain one (1) buried 12 inch diameter or smaller natural gas pipeline under and across a twenty foot (20') wide portion of the City's real property (the "Property") at the locations shown on Exhibit "A" which is attached hereto and made a part hereof by reference, subject to termination as herein provided. Licensee shall erect. install construct. repair. replace and maintain the Pipeline Facilities pursuant to the rules and reg ulations promulaated by the U.S. Department of Transportation. Office of Pipeline Safetv. as set out in the Code of Federal Reaulations Title 49. Part 192. as adopted and modified by the Railroad Commission of Texas. Licensee shall be required to direct bore or horizontal directional drill (HDD) all property except where specifically indicated in Exhibit "A ". Licensee's pipeline shall be confined to and must not deviate from a corridor designated by the City across the Property, no greater than twenty (20) feet in width (the "Pipeline Corridor'). Notwithstanding the foregoing, Licensee expressly consents to the installation of additional pipelines, not owned by Licensee, within the Pipeline Corridor. Notwithstanding the foregoing, Licensee's consent in this regard does not constitute a waiver of any rights or legal recourse as against any third party. The Licensee shall also have the right to use an additional temporary work space adjacent and parallel to the portion of the Property where the pipeline is to be located as shown on Exhibit "A" to this Agreement. All construction occurring within Exhibit "A" shall conform to tree protection requirements as described in Section 9(r) of this Agreement. The temporary workspace shall automatically terminate and expire when the pipeline and appurtenant facilities have been installed by Licensee. These rights are granted and accepted subject to the following: (a) any valid and enforceable restrictions, covenants, conditions, encumbrances (except liens), reservations, easements, and other exceptions to title, if any, relating to the Property, shown of record in the hereinabove mentioned County and State, (b) all valid and enforceable zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, relating to the same; and (c) to all matters which would be revealed by an inspection and /or a current survey of the Property. The Licensee acknowledges and agrees that this Agreement only allows the transportation of oil, gas, petroleum products, or any other liquids or gases (including inert gases) that constitute oil, gas or petroleum byproducts, with the exception of salt water or any substance containing salt water, through the City and does not allow the Licensee to distribute, sell or otherwise provide oil, gas or petroleum products to any customer in the City. This license does not constitute a utility franchise. 2. License Nan - Exclusive. The license granted herein shall be nonexclusive and the City reserves the right to grant other rights and licenses across, over and under the Property to such other persons that the City deems proper. It is expressly understood that the City does not purport, by this Agreement to grant Licensee any right, title, claim or easement in or upon the Property shown on Exhibit "A" to this Agreement except for a license as that term is used in real property law. 3. Police Power of the Citv. The Licensee shall at all times during the term of this Agreement be subject to the lawful exercise of the police power by the City. 4. Other Permits. a. This Agreement does not relieve the Licensee of any obligation to obtain permits, license and other approvals from the City or other regulatory agencies necessary for the construction, installation, maintenance or repair of the Licensee's pipeline or the transportation of oil, gas or petroleum products through such pipeline. b. Licensee shall not initiate any kind of construction, installation, maintenance, repairs or other work that requires excavation on the Property and /or temporary workspace until the Licensee first obtains the necessary permits from the City of North Richland Hills. 5. Fees. a. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for its use of the Property described as Exhibit "A" and the rights herein granted, the sum of $2.40 per each square foot of area licensed to Licensee excluding temporary workspace being 143,605 square feet the total sum of which amounts to $344,652.00 Dollars. b. On or prior to the date of the execution of this Agreement, Licensee shall pay the City the sum of $1.05 per each square foot of area of temporary workspace licensed to Licensee, as described in Exhibit "A" hereto, being 229,694 square feet the total sum of which amounts to $241,178.70 Dollars. C. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for removal and damage of trees within the property described in Exhibit "A ", the sum of $23,034.55 Dollars. d. The sum total of the amounts set forth in paragraphs a., b. and c., above, shall hereafter be referred to as the "License Fee ". 6. Time of Construction. Construction shall be accomplished by Licensee at such time or times as will not unduly interfere with the City's use of the Property and/or temporary workspace as determined by the City Public Works Director prior to commencement of construction. Construction may not commence, however, until Licensee presents Licensor with the following information: a. If applicable, written authorization from U.S. Army Corps of Engineers, evidencing no objection to the installation of any portion of the pipeline along the Property which is under U'.S. Army Corps of Engineers oversight; b. A description of the final substance to be transported through the pipeline C. A copy of the substance material safety data sheet (MSDS) d. The maximum allowable operating pressure on the pipeline, along with the Specified Minimum Yield Strength (SMYS) of the pipe; e. Engineering plans showing the horizontal pipeline location, pipeline covering depths, location of the nearest shutoff valves whether or not on the Property, the limits of all workspace areas, and the limits of all tree protection areas; If. Detailed cross section drawings for all public street right -of -way crossings on the Property; g. Methods to be employed to prevent internal and external corrosion of the pipeline; h. Copies of the performance bond and insurance information required herein; and i. An emergency action plan for responding to public emergencies as defined in Section 16 of this Agreement. The plan shall at a minimum provide for: (1) Prompt and effective response to emergencies: a. Leaks or releases that can impact public health, safety or welfare, b. Fire or explosions at or in the vicinity of a pipeline; or C. Natural disasters; (2) Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency; (3) The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency; (4} Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment, (5) Emergency shut down and pressure reduction of the pipeline; (6) The safe restoration of service following an emergency or incident; (7) A follow -up incident investigation to determine the cause of the incident and require the implementation of corrective measures. Prior to commencement of any work that requires excavation on the Property and/or temporary workspace, Licensee shall deliver to the City a bond executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the amount of the cost of the work or Fifty Thousand Dollars ($50,000), whichever is greater, for a period of two years. The bond shall guarantee that Licensee shall (a) restore the surface of the Property and/or temporary workspace where excavation was done, in a satisfactory and workmanlike manner; (b) maintain such restoration work in a state of repair satisfactory to the City following the date of restoration; (c) fully comply with the terms and conditions of this Agreement and the City's ordinances governing excavation on public property, including in public rights -of- way; (d) repair, at Licensee's own expense, any damage to roads, streets, utilities or highways caused by the use of heavy vehicles for any activity associated with the operations contemplated herein. 8. As -Built Plans and Drawings. Licensee shall provide the City Public Works Director with as- built plans and drawings of Licensee's pipeline facilities located on the Property within ninety (90) calendar days following the completion of such pipeline facilities. Accuracy of the drawings shall meet a survey level of one foot (1') to fifty thousand feet (50,000'). The drawings shall also be provided in digital file format with the location tied to one (1) nearby GP5 (global positioning system), City monument. Licensee shall also provide the City Public Works Director with a map showing proposed transportation route and road for equipment or waste products used or produced by the pipeline operation. 9. Use of the Citv Proaertv. a. Minimal Interference. Licensee's pipeline facilities shall be installed and maintained in a manner that causes minimal interference with the City's use of the Property and/or temporary workspace for public utility and other municipal purposes. Except in the case of an emergency (as defined in Section 16 of this Agreement), prior to the undertaking of any kind of construction, installation, maintenance, repairs or other work that requires excavation, or other ,physical use of the Property and /or temporary workspace that involves the use of a motor driven vehicle or motor- operated equipment, Licensee shall provide at least forty -eight (48) hours advance written notice to the City Public Works Director and Parks and Recreation Director. In the case of an emergency (as defined in section 16 of this Agreement) verbal notice shall immediately be provided to the City's Fire Department by dialing 911 and written notice shall be provided to the City Public Works Director and Parks and Recreation Director as soon as practicable thereafter. b. Worksite Regulations. Licensee shall comply with all valid and enforceable applicable rules, regulations and requirements of the City, including, but not limited to, those related to permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. In addition, during any such work, Licensee shall provide construction and maintenance signs and sufficient barricades at the work site to protect the public. The application of such traffic control devices shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. Licensee shall utilize appropriate warning lights at all construction and maintenance sites. C. Burial and Marking of Pipeline. Licensee shall bury or cause its pipeline to be buried at least forty -eight inches (48 ") below the finished grade, and not less than twenty -four inches (24 ") below any existing water or wastewater lines located on the Property. Licensee shall place markers for the Pipeline Facilities as required by 49 C.F.R. fi 192.707 or its successor. Such markers shall include the Licensee's name and a toll -free telephone number of Licensee that a person may call for assistance. The location and appearance of the markers shall be subject to the prior approval of the City and every effort shall be made to avoid placing a pipeline marker in a location that will interfere with the use of the surface of the property for recreational use by the public. In addition, should trenching occur, during backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of the pipeline. The pipeline trench shall be "double- ditch" backfilled by replacing the subsoil first compacted to 95% standard density proctor in six inch (8 ") lifts and then replacing the topsoil. Public roads shall be bored; they shall not be open cut. d. Repairs and Restoration. Licensee at its sole cost and expense shall repair any damage to the Property and surrounding property (including any improvements located thereon) resulting from the Licensee's use of the Property and/or temporary workspace. Licensee at its sole cost and expense, and in a manner approved by the City, promptly restore any portion of the Property and/or temporary workspace that is in any way disturbed or damaged by the construction, operation, maintenance or removal of the pipeline to as good or better a condition as the Property and surrounding property was in immediately prior to the disturbance or damage. Licensee shall diligently commence such restoration within thirty (30) calendar days following the date that the Licensee becomes aware of the disturbance or damage, or if the pipeline is being removed, within thirty (30) calendar days following such removal. e. Prohibited Substances. Licensee shall not use the Property in any manner which violates any federal, state or local law, regulation, rule or ordinance or, except for the right to transport the products defined in this Agreement, constitutes a public or private nuisance, where a nuisance is found by a Court of competent jurisdiction pursuant to a final unappealable decision. Licensee shall not locate, place, generate, store, manufacture, use or dispose of on or about such right of way any chemical, pollutant, toxic substance, hazardous material, waste or other substance that is in violation of any federal, state or local law, regulation, rule or ordinance pertaining to public health, safety or to the protection of conservation of the environment. f. Removal of Waste. Licensee shall remove all waste from installation of the pipeline within thirty (30) calendar days after the completion of installation of that certain segment of the pipeline that crosses the Property, and shall dispose of the same in a manner approved by the City Public Works Director. g. Relocation of Facilities. Licensee, at Licensee's sole cost and expense, shall protect, support, disconnect, relocate or remove from the Property all or any portion of its pipeline facilities when required by the City due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation, lowering, construction or relocation of sewers, drains, water pipes or municipally -owned facilities of any kind; or any type of improvement necessary for the public health, safety or welfare, as determined by the City in its sole discretion. Except in case of an emergency, the City shall give Licensee one hundred and eighty (180) days written notice that Licensee is required to protect, support, disconnect, relocate or remove Licensee's facilities and Licensee shall complete such removal within ninety (90) days thereafter. If Licensee reasonably requires more than ninety (90) days to comply with the City's written request, it shall notify the City's Director of Public Works and Director of Parks and Recreation, in writing, and Licensee shall be entitled to a one -time extension of an additional ninety (90) days. No additional time shall be permitted. h. Revocation. termination or expiration of License. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Licensee's right to use the Property under this Agreement shall cease and Licensee shall immediately discontinue the transportation of oil, gas or petroleum products through the pipeline. Within six (6) months following such revocation, termination or expiration, and if the City requests, Licensee, at Licensee's sole cost and expense, shall remove the pipeline from the Property (or cap the pipeline, if consented to by the City) in accordance with applicable laws and regulations. If the Licensee has not removed the pipeline from the Property (or capped the pipeline, if consented to by the City) within six (B) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the pipeline remaining on the property abandoned, and, at the City's sole option: (1) take possession of and title to the pipeline or (2) take any and all legal action necessary to compel Licensee to remove the pipeline; provided, however, that Licensee may not abandon the pipeline or discontinue its service without approval of the Texas Railroad Commission or its successor agency or any other regulatory authority with such jurisdiction. Operation of Pipeline. All pipeline operations shall be conducted in accordance with the rules of the Texas Railroad Commission and 49 C.F.R. Part 192, practices of a reasonable and prudent operator in the State of Texas and with state and /or federal laws, regulations, rules and requirements. All laws, regulations, rules and requirements regarding protection of the public health, water supply and natural resources shall be strictly followed. Drainage. Licensee shall plan and execute construction of Licensee's pipeline so that no flood conditions are created or worsened on the surrounding land in full compliance with the City Code, Chapter 102: "Floods and Stormwater Management ", Ordinance 2498 and the Public Works Design Manual. k. Vegetation. In order to minimize erosion and sedimentation resulting from the proposed pipeline installation, the excavated portion of the Property and/or temporary workspace shall be repaired and revegetated in accordance with Texas Department of Transportation Standard Specifications For Construction And Maintenance Of Highways, Streets, And Bridges, Items 160 through 169, as amended, with appropriate watering as required until the revegetated areas are determined to be self- sustaining by the City Parks and Recreation Director. Commencement of Installation of Pipeline. Upon failure of Licensee to commence installation of the pipeline on the Property within one hundred twenty (120) calendar days from the execution of this Agreement, or to complete installation of the pipeline on the Property within sixty (60) calendar days thereafter, one hundred eighty (180) days from the execution of this Agreement this License shall expire. M. Protection of Public Rights- of -Way. Licensee shall repair damages caused by Licensee or its contractors, subcontractors, employees, and agents, excluding ordinary wear and tear, if any, to roadways that abut the above described property being used by Licensee for the activities contemplated herein. Licensee shall make a videotape of such roadways prior to the start of Licensee's operations contemplated herein and shall provide a copy of the videotape to the City Public Works Director. Licensee shall notify the City Public Works Director when burial of the pipeline is complete so that the City Public Works Director can determine if repairs are required. In connection with its obligation to repair said roadways, Licensee shall use materials of the same or better quality than those utilized to surface and /or repair the roadways prior to execution of this Agreement and in accordance with the City's Public Works Design Manual. Deviation from the materials described herein shall not be permitted without the prior written consent of the City Public Works Director. Repairs shall be completed in accordance with standard engineering practices acceptable to the City. Licensee shall repair the damage to the roadways at its sole cost and expense. n. Surface Use of the Proaerty by City The City shall be able to use the surface of the Property, without notification to the Licensee, for all appropriate municipal purposes including, but not be limited to, soft and hard surface trails, signage, park furniture and other amenities subsequent to the completion of construction and any necessary clean up. o. Heavv Vehicle Traffic. Licensee shall ensure that vehicles weighing over 80,000 Ibs and traveling through residential neighborhoods and public or private parks shall be escorted by a vehicle escort service through such residential neighborhoods, public and private parks and shall not travel in excess of ten (10) miles per hour. p. Salt Water. Licensee shall not dispose of any salt water in its custody or control within the territorial limits of the City of North Richland Hills q. Pressure Monitoring. Pipelines subject to this Agreement shall be constructed with an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak. In lieu of such system, Licensee may have 24 hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the City limits. Any monitoring system(s) shall be keyed to or required to notify the City's emergency response providers in order to provide them with immediate notice of any leak r. Protection of Trees Licensee agrees to comply with the requirements of Chapter 114, Article II "Trees" of the Code of Ordinances, City of North Richland Hills, Texas (the "Tree Preservation Ordinance ") with respect to its activities on the property described as Exhibit "A ". If any "protected trees," as that phrase is defined in the Tree Preservation Ordinance, are removed from the Property without prior written authorization from the City of North Richland Hills Director of Planning and Development, or if a protected tree is injured because of failure to follow required tree protection measures such that the tree dies or may reasonably be expected to die, a monetary penalty of $250.00 per - caliper -inch of width of the protected trees removed or damaged shall be paid by Licensee in addition to applicable mitigation in accordance with the formula used to calculate original anticipated tree loss which resulted in the net mitigation fee originally assessed in Section 5 B. of this Agreement. S. Boring /Directional Drilling Additional Requirements. (1) Licensee shall ensure that all drilling mud pressures are monitored during pipeline construction. (2) Licensee shall ensure that hard copies of the appropriate storm drain sheets reflected in the City's Storm Drain Grid Maps are on site at each bore /directional drill location. (3) Licensee shall provide City with a Material Safety Data Sheet (MSDS) for drilling muds used on project prior to the initiation of construction. (4) Licensee will adhere to the following action plan in the event of an inadvertent release of boring /drilling mud: a. Post one or more individuals along the path of the bore to look for mud that may be coming to the surface; and require at least one employee to continually walk the length of the bore /horizontal directional drill path during the drilling process in order to look for any signs of drilling mud ebbing to the ground surface. This person(s) shall be required to notify Licensee's Construction Superintendent and the Crew Foreman of any release of mud. b. Keep hay bales on site so that they may be strategically placed at/around the area where the mud is surfacing in order to contain the release. C. Immediately move vacuum trucks to the mud release site and begin the mud cleanup process. d. Protect all drainage systems along the bore path with silt fence and hay bales so any mud released is prevented from entering the drainage system. (5) In the event of an inadvertent release, Licensee must protect all drainage systems along the bore path and appropriate remediate release in compliance with state and federal requirements. (6) If the City requests, Licensee shall provide access to a testing facility, at Licensee's sole cost, which shall perform an analysis of drilling mud, water and/or soil at any location along the pipeline route prior, during or after boring operations or directional drilling operations have occurred. The specific tests will test for a. Storm water discharge b. Heavy metals C. BTEX - 'Benzene, Toluene, Ethyl Benzene, and Xylene d. Total Petroleum Hydrocarbon (TPH) test run by Method TX -1005 e. Total Toxic Organics (TTO) test (7) Should an inadvertent release potentially impact the City's regulated municipal separate storm sewer system (MS4) as visually confirmed by drilling mud present in curb inlet, drainage ditch, or receiving water, Licensee shall remediate any impact to the MS4. To confirm adequate remediation of said release City may require Licensee, at Licensee's sole cost, to perform an analysis of water and or soil in the MS4, completed by an independent, NELAP certified testing facility chosen by the Licensee. In each instance the specific analysis must be sampled and prepared appropriately and tested for the following analyses: a. Heavy metals 1. Ag, As, Ba, Cd, Cr, Pb, Se using EPA analytic method 601' 08 2. HG using EPA Analytic Method 7470A b. Volatile Organic Compounds using EPA Analytic Method 82608 Compliance is assured when analytic results meet or exceed pre - existing water quality levels within that receiving water or state or federal water quality limits are met, whichever is higher. (8) At least 10 days prior to the start of pipeline construction, Licensee shall notify, in writing, both the property owners who have granted Licensee pipeline easements along the proposed pipeline route and those property owners within a five hundred foot (500') radius of the edge of the pipeline easement that gas pipeline construction is imminent. 10. Insurance. a. Required of Licensee. Licensee shall provide the City Public Works Director with proof that Licensee has insurance of the following types and limits in effect: Commercial General Liability Property Damage Liability Automobile Liability $ 5,000,000 per occurrence $ 1,000,000 per occurrence $ 1,000,000 per accident, including, but not limited to, all owner, hired or non -owned motor vehicles used in conjunction Licensee's use of the Property. Licensee's primary and secondary insurance shall be underwritten by entities authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Licensee's insurance policy or policies shall name the City as an additional insured and cover all public risks related to Licensee's use of the Property. Deductible or self insured retention limits of any line of coverage required herein shall not exceed $1,000,000 per occurrence unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. The City shall have the right to revise the insurance coverage requirements under this Agreement upon a reasonable determination by the City Public Works Director that Licensee's use of the Property mandates such a revision. Licensee shall comply with such revised requirements within thirty (30) calendar days of receipt of written notice from the City of such a revision. Such policies shall provide that the amount of coverage cannot be reduced, or the coverage canceled, without thirty (30) days prior written notice to the City. b. Required of Licensee's Contractors. Licensee shall require any contractors who undertake construction, installation, maintenance, repairs or work that requires the excavation or other physical use of the Property to maintain insurance of the same types as provided by Section 10(a) of this Agreement with reasonable limits. 11. Liability of Licensee. Licensee shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expense, to include, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and any other professional advisors and of expert witnesses and of costs of investigation and preparation of any kind or nature whatsoever (collectively "Damages "), which are proximately caused by (1) the construction, installation, operation maintenance or condition of the pipeline, pipeline pig launcher or any related facilities or appurtenances; (2) the transportation of oil, gas or petroleum products through the pipeline; (3) any claim or lien against the property arising out of work, labor, materials or supplies provided or supplied to Licensee, its contractors, or subcontractors, or (4) Licensee's failure to comply with any valid and enforceable federal, state or local law, ordinance, rule or regulation applicable to the pipeline and appurtenances on the property, except to the extent directly caused by the negligence or intentional misconduct of the City. 12. Indemnity. LICENSEE SHALL. INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ,JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE CAUSED SOLELY BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF LICENSEE OR ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, AFFILIATE OR SUBCONTRACTOR OF LICENSEE, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS OR REPRESENTATIVES , WHILE INSTALLING, REPAIRING, OR MAINTAINING FACILITIES ON THE PROPERTY. THE INDEMNITY PROVIDED UNDER THIS SECTION DOES NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS. IF LICENSEE AND THE CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THIS SECTION 12 IS SOLELY FOR THE BENEFIT OF THE CITY AND THE LICENSEE AND DOES NOT CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. LICENSEE OR CITY SHALL PROMPTLY ADVISE THE OTHER IN WRITING OF ANY KNOWN CLAIM OR DEMAND AGAINST THE CITY RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES ON THE PROPERTY OR IN THE PUBLIC RIGHT -OF -WAY SUBJECT TO THIS LICENSE AGREEMENT. 13. Licensee as Independent Contractor. It is expressly agreed and understood that Licensee shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Licensee acknowledges that the doctrine of respondeaf superior shall not apply as between the City and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and the Licensee. 14. Default. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: a. Breach. An Event of Default shall occur if Licensee materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. b. Bankruptcy. Insolvency or Receivership. An Event of Default shall occur if Licensee (a) files a voluntary petition in bankruptcy; (b) is adjudicated insolvent; (c) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (d) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Licensee, any of Licensee's property or any revenues, issues, earnings or profits thereof; (e) snakes an assignment for the benefit of creditors; or (f) fails to pay Licensee's debts generally as they become due. C. Violations of Law. An Event of Default shall occur if the pipeline or appurtenances on the Property or Licensee's operation of the pipeline on the property violates any existing or future valid and enforceable federal, state or local laws or any existing or future ordinances, rules and regulations of the City. 15. Uncured Defaults and Remedies. a. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Licensee's failure to pay the License Fee in accordance with Section 5, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Licensee. If an Event of Default occurs for a reason other than for failure to pay the License Fee, the City shall provide Licensee with written notice and shall give Licensee the opportunity to cure such Event of Default. For an Event of Default, Licensee shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. If any Event of Default is not cured within the time period specified herein, such Event of Default shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 15(b). b. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the remedies set forth herein, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have. C. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Licensee shall forfeit all rights granted to it under this Agreement and, except as to Licensee's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Licensee shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Licensee shall remove the Pipeline from and restore the Property as and when requested by the City (or cap the Pipeline, if either consented to or required by the City). The City's right to terminate this Agreement under this Section 15(c) does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Licensee may not abandon the pipeline without the approval of the Railroad Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. d. Legal Action Against Licensee. Upon the occurrence of an Uncured Default, the City may commence against Licensee an action at law for monetary damages or in equity for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 16. Emergencies. a. Work by the Citv. For purposes of this Section 16(a), a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man -made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the pipeline, and Licensee hereby (1) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 11, that may occur to the pipeline or that Licensee may otherwise incur as a result of such a response, and (2) agrees that Licensee, at Licensee's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the pipeline, the City will notify Licensee as soon as practicable so that Licensee may advise and work with the City with respect to such action. b. Work by or on Behalf of Licensee. In the event of an emergency that directly involves that portion of the pipeline located on the Property and which necessitates immediate emergency response work on or repairs to the pipeline, Licensee may initiate the emergency response work or repairs or take any action required under the circumstances provided that Licensee notifies the City in accordance with Section 9(a), above. After the emergency has passed, Licensee shall apply for and obtain a construction permit from the City Public Works Director and otherwise fully comply with the requirements of this Agreement. 17. Notices. Any notices required pursuant to the provisions of this Agreement or provided by the City or Licensee to the other shall be (a) hand - delivered to the other party, or (b) mailed through the United States Postal Service, postage prepaid, return receipt requested, addressed as follows: If to City: If to Licensee: City of North Richland Hills Texas Midstream Gas Services,L.L.C. Attn: City Manager Attn: Manager- Midstream Property Rights 7301 NE Loop 820 100 Energy Way North Richland Hills, Texas 76180 Fort Worth, Texas 76102 With copy to: CT Corporation System 350 N. St. Paul Street Dallas, Texas 75201 18. Comalance with Laws. Licensee agrees to comply with all valid and enforceable federal, state and local laws; all ordinances, rules and regulations of the City; and all valid and enforceable directives of the City Fire Marshal in order to protect the public health, safety and welfare. i P1II1111111111111► reXTEtVM- The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 20. Governing Law and Venue. This Agreement shall be construed pursuant to and in accordance with the laws of the State of Texas and of the United States of America. Venue for any action, whether real or asserted, at law or in equity, that arises out of the terms of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas and in federal courts for the Northern District of Texas, Fort Worth Division. 21. Conferences. At the request of the City, the City and Licensee shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Licensee's use of the Property. 22. Assianment. Licensee shall not convey, transfer, pledge, encumber or assign any of its rights under this Agreement without the prior written consent of the City. Any purported assignment that does not satisfy the foregoing condition shall be void. 23. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including without limitation all available appeals, have been exhausted. 24. Headinas Not Controlling. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. Parties Bound. The rights, duties and obligations created by this Agreement shall be binding upon and inure to the benefit of the City, Licensee, and their successors and permitted assignees. 26. Entirety of Agreement. This Agreement contains the entire understanding and agreement between the City and the Licensee as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it is in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended except by a written agreement signed by both parties. 27. Recordina of Aareement. It is agreed and understood that this agreement shall not be recorded as a public record in the real property records of Tarrant County. Executed this day of 1 2012. TEXAS MIDSTREAM GAS SERVICES, L.L.C. in (Signature) Robert S. Purgason Chief Operating Officer ATTEST: THE CITY OF NORTH RICHLAND HILLS By: By: City Secretary City Manager N EXHIBIT Owl i WILS L ANE (RQW W ILSO N LA NE BR VANS ) - - TRACT TXTARR— L9PL- 002.00,D1 - - - 19ACT T%TA M— LRPL- 000.00- 12538 -2142 VOL 12539 PG 2137 VOL 12538 PG 2142 rr CRY OF NORTH RICHLAND HILLS TRACT TX— TARR— LBPL- 001.00 VOL 10848 PG 1525 0 1 266 >B 1A) HIGHUWD ESTATESI CAB A SL 4164 (suw 18) CITY OF NORTH RICHLAND HILLS TRACT Tx TARR— LBPL— OD1.OD VOL 11699 PG 219 ,b (A 1 266 M 2) e -t �J FAIR OAKS Q ESTATES 'SUBDIVISION ��$ VOL 388 -181 AT PAGE 96 (SUB01 13495) BASS OF 8WINQ: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4242 ZONE. (CM) CONTROL MONUMENT EXHIBIT FOUND 5/8" RON ROD WITH YELLOW CAP co o FOUND 1 " IRON ROD WILSON LA NE (R V ARIES) _ , ` IN CONIC - - - - ` - - - - - TRAiCT 1"(-TARR= LBPL - 001.00.01 (CM) VOL 12538 PG 2137 REFERENCE BEARING N86'08'45 "E 1,894.81' N0013'13 "w 203.35'—` — jcm POINT OF BEGINNIN ICENSED AREA N821220 -W 38.98, I 58,311 SF 1i 5 � 1 1 I 1.339 AC I � � 1 15' ONCOR ELECTRIC ESMT! i� - 4 I 6 INSTR# D210303764 00"04'04 "E 42.06' ADDITIONAL WORKSPACE L 89'49'47 "W 24.40' 20.00 7 � - - NOO'00'OO "E 63.63 DDITIONAL WORKSPACE #2 8 _L-- - - - - -� - - -- - - - - -- --- - - - - -- CITY OF NORTH RICHLAND HILLS 5' WATER ESMT NO. 3 10 TRACT TX -TARR- LBPL - 002.00 / VOL 4235 PG 579 VOL 10848 PG 1525 11 (A 126+6 TR IA) CITY OF NORTH RICHLAND HILLS 12 TRACT TX- TARR - LBPL - 001.00 CITY OF NORTH ---- VOL -� 10848 PG 1525 RICHLAND HILLS 13 HIGHLAND CREEK t (A 1266 TR 1A) TRACT TX- TARR - LBPL - 001.00 ESTATES PHASE II � �, ff VOL 11699 PC 219 - - - (� (A 1266 TR 2) 14 CAB ASL4164 (SU80 180m) 5' WATER ESMT ♦o �+ �VOL 4235 PG 579 (CM) CONTROL MONUMENT EXHIBIT Owl FOUN 1" � IRON ROD IN CONC (CM) WILSON LANE (ROW VARIES) N VOL 12538 PG 2142 SOO"00'35 "E 20.05' LICENSED S8548'46 "E 2,872,75' Z II 58,311 SF 20.00 N85'48 046 "W 2,852.70' 1 1.339 AC CITY O F 11 -NORTH RICHLAND HILLS VOL 6842 WATER PG 2255 W TRACT TX- TARR- LBPL- 001,00 ° CITY OF NORTH RICHLAND HILLS VO 10848 PG 152 II 5 Z � � TRACT Tx- TARR- LBPL- 001.00 10' UTILITY ESMT II (A 1266 TR 1A) VOL 11699 PG 219 VOL 8895 PG 2107 ro (A l20 TR 2) 15 UTILITY AND ✓ �` '� III DRAINAGE ESMT 20' UTILITY AND VOL 8895 PG 2119 ANITARY SEWER ESMT DRAINAGE ESMT II! VOL 5988 PG 7 VOL 8895 PG 2107 II A 20.00 FOOT LICENSED AREA ACROSS THE PARCEL DESCRIBED IN VOLUME 10848 AT PAGE 1525 AND THE PARCEL DESCRIBED IN VOLUME 11699 AT PAGE 219 AND ACROSS A 15 - FOOT WATER EASEMENT DESCRIBED IN VOLUME 4235 AT PAGE 579 AND ACROSS A 10 - FOOT UTILITY EASEMENT DESCRIBED IN VOLUME 8895 AT PAGE 2107 AND ACROSS SANITARY EASEMENT SEWER DESCRIBED IN VOLUME 5988 AT PAGE 7 AND ACROSS A WATER EASEMENT DESCRIBED IN VOLUME 6842 AT PAGE 2255 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, BEGINNING IN THE PARCEL DESCRIBED IN VOLUME 10848 AT PAGE 1525 FROM WHICH A FOUND 5/8" IRON ROD WITH PLASTIC CAP BEARS N8212'20 "W 836.96 FEET; THENCE S85'48'46 "E 2,872.75 FEET TO THE EASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 11699 AT PAGE 219; THENCE ALONG SAID EASTERLY BOUNDARY SOO*00'35 "E 20,05 FEET, THENCE N85'48'46 "W 2,852.70 FEET THENCE SOO'00'00 "E 42.06 FEET; THENCE 589'49'47 "W 20.00 FEET; THENCE NOO'00'00 "E 63.63 FEET TO THE POINT OF BEGINNING; CONTAINING 58,311 SQUARE FEET OR 1.339 ACRES. (CM) CONTROL MONUMENT N EXHIBIT U w �0 FOUND 5/8 " * RON ROD WITH YELLOW CAP �G g FOUND 1" IRON ROD WILSON LANE (R V ARIES) - - - IN CONC ADD WORKSPACE , - - 1RACT - TX R- LBPL- 00f60.01 T (Cm ) � 41, A SF VOL 12538 PG 2137 - REFER BEARI - - � 0.946 AC _ _ ----------- -- - - - - -- 2 N46'08'45 "E 1,690.81' ! 46 , ` �CM - N$Oro f pW 44 ' 05 -- .-8.21' Li 14 5 POINT OF � �, L BEGINNING #1 L1 - - - � 15' ONCOR ELECTRIC ESMTi N _ 6 INSTR# D210303764 L5 d J ` - LICENSED 7 POINT OF AREA -�� EGINNING #2 58,311 SF CITY OF NORTH RICHLAND HILLS L1 L9 ` 1.339 AC 8 _ — TRACT T -TARR- LBPL - 007.00 — — — — — — _ — — — — _ -- VOL 10844 PC 1525------ - - - - -= ---- -____— 0 (A 1266 Te tA) ADD WORKSPACE #2 `10 11,243 SF 0.258 AC _ _j CITY OF NORTH RICH LAND HILLS 12 - TRACT TX- TARR -LBPL - 001.00 _ VOL 10848 PG 1525 - ` 13 HIGHLAND CREEK (A1?8, TR W - - ESTATES PHASE 11 +, �, Q# I f 14 CAB A SL 4164 �;� # , (S 180 � 0 5' WATER ESMT � �VOL 4235 PG 579 LINE TABLE LINE# BEARING DISTANCE L1 S89'25'41 "E 457.80' L2 S40'24'28 "E 51.56' L3 N85`48 'W 103.75' L4 S00'00'00 "E 63.63' L5 S89'49'47 "W 387,42' L6 N0010'13 "W 101.04' L7 N89 - 25 - 41 "W 43.81' LINE TABLE LINE# BEARING DISTANCE L8 S08'31'46 "W 116.12' L9 N8925'41 "W 83.71' L10 N001 0'25 'E 53.73' L11 N89`49'47 "E 40.00' L12 N00'05'05 "E 82.06' L13 58548'46 "E 101.96' L14 S40'24'28 'E 1930' (CM) CONTROL MONUMENT EXHIBIT AN ADDITIONAL WORKSPACE ACROSS THE PARCEL OF LAND DESCRIBED IN VOLUME 10848 AT PAGE 1525 AND ACROSS A 15 —FOOT ONCOR ELECTRIC EASEMENT RECORDED IN INSTRUMENT# D210303764 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY RIGHT OF WAY OF WILSON LANE AS RECORDED IN VOLUME 12538 AT PAGE 2137 FROM WHICH A FOUND 5/8" IRON ROD WITH YELLOW CAP BEARS N80*04'31 "W 448.21 FEET: THENCE ALONG SAID SOUTHERLY RIGHT OF WAY OF WILSON LANE S89'25'41 "E 457.80 FEET; THENCE 540'24'28 "E 51.5+6 FEET; THENCE N8548'46 "W 103.75 FEET; THENCE SOO'00'00 "E 63.63 FEET; THENCE S89'49'47 "W 387.42 FEET; THENCE NOOlO'13 "W 101.04 FEET TO THE POINT OF BEGINNING: CONTAINING 41,225 SQUARE FEET OR 0.946 ACRES. AN ADDI11ONAL WORKSPACE ACROSS THE PARCEL OF LAND DESCRIBED IN VOLUME 10848 AT PAGE 1525 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS; BEGINNING IN THE PARCEL DESCRIBED IN VOLUME 10848 AT PAGE 1525 FROM WHICH A FOUND 1" IRON ROD IN CONCRETE BEARS N69'27'08 "E 77246 FEET: THENCE N89'25'41 "W 4381 FEET; THENCE S08'31'46 "W 116.12 FEET; THENCE N8975'41 "W 93.71 FEET; THENCE N001 0'25 "E 53.73 FEET :. THENCE N89'49'47 "E 40.00 FEET; THENCE NOO'05'05 "E 82.06 FEET; THENCE S85'48'46 "E 101.96 FEET; THENCE S40'24'28 "E 19,70 FEET TO THE POINT OF BEGINNING; CONTAINING 11,243 SQUARE FEET OR 0.258 ACRES, BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL pu AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. f ...... DATE OF SURVEY: 04/22/11 — 07/05/11 TODD FINCHER mm NCHER R.P.L.S. NO. 5633 .................... ; o F633 � .: DATE OF SIGNATURE: 11/30/'11 P Ess +�"����� (CM) CONTROL MONUMENT N Owl EXHIBIT 00 ( FOREST GLENN WEST -- -FOREST GLENN ADDITION PHASE IM 'CAB A SL 2218 CAB A 5L 10619----- (SUBDI ' 4133) M1 � (SU8f1I 14133L) - � I � 1 BLOCK 6" .BLOCK 9 WILSON LANE (ROW VARIES) TRACT TX- TARR- UM- 002.01.41 TX- TARR -LBPL- 002.01.02 VOL 12538 PG 2142 WILSON LANE TRACT TX- TARR -LPL- 003.01 VOL 9825 PG 900 - - - r CITY OF NORTH RICHLAND FILLS or # �► `-_ g TRACT TX TARR -LBPL- 004.00 ' l ;O; t c INSTR# D210079542 t P 4 G 1 (A 1266 T R 2 OM) E BLACK 13 \ I I I CITY OF NORTH RICHLAND FILLS 4 - 7 . — TRACT TIC- TARR -LBPL- 401.40 BLO CK 1 - - VOL 11699 PG 219 - - - (A 1266 TR 2) - -- BLOCK 12 T -` - -- I � I FOREST .LENN WEST PHASE II A SL 10620 1 - -- - -� - -- - SUB01 14133K) - - - - - BLACK BLOCK 7 Bl ©Q -�- 1 1 8 -- - -- -..` 8 V; y I BLOCK 4 1 I 1 1 1 1 1 1 9 1 y , CITY OF NORTH RICHLAND HILLS -`•,, TRACT TX TARR- LBPL - 004.01 INSTRf 0205070984 770 - -A1) I I _ I BLOCK 9 - - - BLOCK 10 - FIRST TEXAS COIINCL OF CAMP FIRE INC TRACT TX- TARR -L BPL- 005.40 VOL, 9097 PG 1039 (A l266 TR 0019) M1 I I I V I I I \ i l i l I l I l y BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4242 ZONE. (CM) CONTROL MONUMENT N Owl 0 Do �0 12 J m d J J w Ir L �I F� N EXHIBIT WILSON LANE (ROW VARIES) TRACT T1(– TARR –LBPL- 402.01.01 TX– TARR – LBPL - 002.01.02 VOL 12535 PG 2142 + WILSON LANE TRACT TX– TARR – LBPL - 003.01 VOL 9625 PG 904 La o CITY OF NORTH RICHLAND HILLS `" �pL 'e. p . TRACT TX– TARR –LBPL- 004.00 ADDITIONAL p G M� INSTR# D210079542 WORKSPACE #1 `" �� (Al266 TR 2Aa3A) WETLAND AND WILDLIFE .� 20' LICENSED AREA I PRESERVE MITIGATION AREA 40,434 SF RESTRICTION w NOO'00'35 "W 0.925 AC INSTR# 0209166542 20.05' r r ADDITIONAL WORKSPACE #2 15' DRAINAGE ESMT r INSTR# D205324929 58 5'48'46 "E 952, 4s INSTR# D205324930 "x$5'48'46 "W 978.02' ��'� ADDI110NAL POINT OF WORKSPACE # BEGINNING #1 / ,3 ?� --1 / 9i, REFERENCE BEARING , / — s — — N89`36'13"E 200.091 — . - {CM �(CM) CM) {CM) (CM) (Cm) SAN SEW ESMT 11 SAN SEW ESMT INSTR# D205324933 - - - - - - INSTR - - FOREST GLENN WEST 0205324932 CITY OF NORTH RICHLAND HILLS 10 PHASE II TRACT T1{ -TARR- LBPL - 401.40 CAB A SL 10820 VOL 11699 PG 219 L - -- - -- a- (SUB01 14133x) r 1211 TR 2} 1 ; BLOCK 12 BLOCK 1 13 BLOCK 14 0 FOUND 1/2" IRON ROD (CM) CONTROL MONUMENT EXHIBIT 1 FOREST GLENN WEST - -\ APPROXIMATE LOCATION � I (CM f PHASE III � �— SAN PG 2 D ER ESMT - — I CAB A SL 10619 `� r (SUBDI 14133L) f FOREST GLENN ADDITION CAB A SL 2218 t ADDITIONAL \�� 1 I z `WORKSPACE #2 T, (CM) + I ` 74,772 SF I ` } BLOCK 6 1 1.717 A` k ( �8 4c a 6 ►� CIS \ t 114 ts4f� ` -- WETLAND AND WILDLIFE PRESERVE ,� BLOCK r �9 MITIGATION AREA RESTRICTION iiie -x311 nnnnaccern IIVJInr ULU' I94DYL N ,mr, ' I ,-, l "I 'N, 5,6 =- 20' LICENSED (CM) 3 3 , AREA -, 40,434 SF 90, �1 0.928 AC ADDITIONAL WORKSPACE 13 SAN SEW ESMT SOO1 6'56"E • ''� '• INSTR# D205324932 21.48' `\ 4 (CM) ,� CITY OF NORTH RICHLAND HILLS — — — — — TRACT TX— TARR —LBPL- 004.00 INSTR# D210079542 ' 15' DRAINAGE ESMT (Al266 TR 2AOJA) INSTR# D205324928 �p� 15' DRAINAGE ESMT FOREST GLENN WEST (S �D INSTR D205324927 PHASE II 1�� ,� CITY OF NORTH RICHLAND HILLS CAB A SL 10620 1 TRACT TX —TARR— LBPL - 004.01 co -- (SUBDI 14133x) ` INSTR# D205070984 — — — (SusD 71 r) w P I � I _ ` (CM) co 1 15' DRAINAGE ESMT a INSTR# D205324926 0 I I (CM) FIRST TEXAS COUNCIL OF CAMP FIRE INC TRACT TX— TARR — LBPL - 005.00 (CM) VOL 9097 PG 1039 (Al266 T R 001B) 0 FOUND 1/2" IRON ROD (CM) CONTROL MONUMENT EXHIBIT A 20.00 FOOT LICENSED AREA ACROSS THE PARCEL DESCRIBED IN INSTRUMENT# D210079542 AND ACROSS THE WETLAND AND WILDLIFE PRESERVE MITIGATION AREA DESCRIBED IN INSTRUMENT# D209166842 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS; BEGINNING ON THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN INSTRUMENT# D210079542 FROM WHICH A FOUND 1/2" IRON ROD AT THE NORTHWEST CORNER OF LOT 11 BLOCK 12 FOREST GLENN WEST PHASE II FILED IN CABINET A SLIDE 10624 BEARS S61'01'32 "E 341.99 FEET; THENCE ALONG SAID WESTERLY BOUNDARY NOO`00'35 "W 20.05 FEET; THENCE 585'48'46 "E 982.46 FEET; THENCE 568`53'11 "E 1,039.04 FEET TO THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN INSTRUMENT# D205070984 OF THE TARRANT COUNTY RECORDS, THENCE ALONG SAID WESTERLY BOUNDARY 50016'56 "E 21.48 FEET, THENCE N68'53'11 "W 1,043.90 FEET; THENCE N85'48'46 "W 978.02 FEET TO THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN INSTRUMENT# D210079542 TO THE POINT OF BEGINNING; CONTAINING 40,434 SQUARE FEET OR 0.928 ACRES. (CM) CONTROL MONUMENT EXHIBIT WILSON LANE (ROW VARIES) TRACT TX TARR - LBPL - 002.01.01 TX TARR - LBPL - 002.01.02 VOL 12538 PG 2142 WILSON LANE (ROW VARIES) TRACT TX- TARR- LBPL- 003. 01 VOL 9625 PG 900 -- ADDITIONAL WORKSPACE # 11,992 SF 0.275 AC - -- - -- FYOINT OF BEGINNING #1 #1 0 + A--1'05'48" 04 (CM) Ro R= 2954.22' ! ' 1'1~ 46 ��`, Qr L= 56.55' X7'6 2 0 CB= N81'23'26 "E Q. CH= 56.55' N14`43'22 "W l oo' , ' WETLAND AND WILDLIFE � r� ' L� . PRESERVE MITIGATION AREA 77 24 513'04 09 E O o RESTRICTION $0'75' �-� p 0 o INSTR# D209166842 NOO`21 -41 "E 520'44'40 "W w 39.38 4 J j POINT OF S81 17'20 "W 48.95'x_ W Of BEGINNING #2 -- ADDITIONAL CITY OF NORTH RICHLAND HILLS ; U. ¢ WORKSPACE #2 a TRACT TX- TARR - LBPL - 004.00 W j 74,772 SF V) INSTR# D210079542 z 1.717 AC 579 {� 12666�R 07 2A ®3A 314+57} } ~ Ng1'17 20 N34 51 37 E 15' DRAINAGE ESMT , " - INSTR# D205324929 543'45'48 "E X 61.30 INSTR# D205324930 60.03' - 4 N85 `4846 "4y 841.95' ADDITIONAL $, S`��, S85'48'46 ' � 850,83' - '� NORKSPACE #3 67,700 SF ~ �r� 2 i N85'48'46 "W 471-37' 1.554 AC � � �' <1 N75'48'Q0 "W N20`05'27 "W NA' REFERENCE BEARING +q, 51.66' 4Q.OQ' At3o`, _ _ — — — — N89`36 "1 3 "E 200.00 (CM) '1 _ _ — — — (CM POINT OF ���.5N � � e �(CM� CM � `.. 3EGINNING #3 N84`59'06" E 258.06 (CM) ) SAN SEW ESMT — SAN SEW ESMT N\� INSTR# D205324933 - - - - - FOREST GLENN WEST D205324932 # CITY OF NORTH RICHLAND HILLS 10 PHASE II TRACT TX -TARR- LBPL- 001.00 CAB A SL 10820 VOL 11699 PG 219 L - -- - -- r '21 1 I R 2) 1 ; BLOCK 12 BLOCK 1 13 BLOCK 14 • F OU N D 1,12" IRON ROD (CM) CONTROL MONUMENT EXHIBIT 1 FOREST GLENN WEST - -\ APPROXIMATE LOCATION � I {CM f PHASE III � �- SAN PG 2 D ER ESMT - - I CAB A SL 10619 `� r (SUED, 14133L) f FOREST GLENN ADDITION CAB A SL 2218 t ADDITIONAL \�� 1 I z `WORKSPACE #2 {CM} 74,772 SF 7 00. I ``' ` } BLOCK 6 1 1.717 AC rt f ' �' 568'531 " E - - 169.59' y.� \ f N68'53'11 "W ., % p6 (1 111.20' PC 521'06'49 "W �. X 40 �`�'�11 / \ �� BLOCK r �9 � 20.00' S68'53'11 "E . 108,22' ti 521'06'49 "W. $, 20.00' -- ` CM ` N59'33'25 "WSp { }� I 121.125 a�41 WETLAND AND WILDLIFE I PRESERVE MI11GA11ON AREA RESTRICTION TEMPORARY -- NSSTR# D209166842 WORKSPACE #3 113,421 SF CITY OF NORTH RICHLAND HILLS 2.604 AC TRACT TX -TARR- LBPL - 004.00 - - CM} '. 541'14'51 "W INSTR# D210079542 — — — 40.00 ' (A 1266 TR 2AO34) ' DRAINAGE ESMT INSTR# D205324928 �pQ 15' DRAINAGE ESMT FOREST GLENN WEST (S �D INSTR D205324927 PHASE II 1�� ,� CITY OF NORTH RICHLAND HILLS CAB A SL 10620 1 TRACT TX— TARR —LBPL- 004.01 -- (SUas 1ar33x) INSTR# D205070984 — — — (SUSDj 7170 - -A 1) I 00# (CM) i 15 DRAINAGE ESMT CM INSTR# D205324926 ) • FOUND 1,12" IRON ROD (CM) CONTROL MONUMENT EXHIBIT AN ADDITIONAL WORKSPACE ACROSS THE PARCEL DESCRIBED IN INSTRUMENTI D210079542 AND ACROSS THE WETLAND AND WILDLIFE PRESERVE MITIGATION AREA DESCRIBED IN INSTRUMENT# D209166842 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS; BEGINNING ON THE SOUTHERLY RIGHT OF WAY LINE OF WILSON LANE DESCRIBED IN VOLUME 9625 AT PAGE 940 FROM WHICH A FOUND 1/2" IRON ROD AT THE MOST NORTHERLY CORNER OF THE PARCEL DESCRIBED IN INSTRUMENT# D210079542 BEARS N76`20'51 "E 463.04 FEET, THENCE S1 3`04'09 "E 80.75 FEET;. THENCE $20'44'40 "W 39.38 FEET;. THENCE S02`56'21 "E 130.96 FEET; THENCE S8117'20 "W 48.95 FEET; THENCE NOO'21'41 "E 170.52 FEET; THENCE N14'43'22 "W 77.24 FEET TO A POINT OF NON - TANGENT CURVATURE ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID WILSON LANE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 01'05'48 ", RADIUS OF 2,954.22 FEET, ARC LENGTH OF 56.55 FEET, THE CHORD OF WHICH BEARS N81`23'26 "E 56.55 FEET TO THE POINT OF BEGINNING; CONTAINING 11,992 SQUARE FEET OR 0.275 ACRES. AN ADDITIONAL WORKSPACE ACROSS THE PARCEL DESCRIBED IN INSTRUMENT# D210079542 AND ACROSS THE WETLAND AND WILDLIFE PRESERVE MITIGATION AREA DESCRIBED IN INSTRUMENT# D209166842 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS: BEGINNING IN THE PARCEL DESCRIBED IN INSTRUMENT# D210079542 FROM WHICH A FOUND 1/2" IRON ROD AT THE NORTHWEST CORNER OF LOT 11 BLOCK 12 FOREST GLENN WEST PHASE II FILED CABINET A SLIDE 10620 BEARS S4211'28 "E 236.82 FEET; THENCE N34`51'37 "E 61.30 FEET; THENCE N8117'20 "E 314.57 FEET; THENCE S7919'08 "E 412.07 FEET; THENCE $43`45'48 "E 60.03 FEET; THENCE S68`53'11 "E 169.59 FEET; THENCE S21'06'49 "W 20.00 FEET; THENCE N68`53'11 „ W 111.20 FEET; THENCE N85`48'46 "W 841.95 FEET TO THE POINT OF BEGINNING; CONTAINING 74,772 SQUARE FEET OR 1.717 ACRES. (CM) CONTROL MONUMENT EXHIBIT AN ADDITIONAL WORKSPACE ACROSS THE PARCEL DESCRIBED IN INSTRUMENT# D210079542 AND ACROSS THE WETLAND AND WILDLIFE PRESERVE MITIGATION AREA DESCRIBED IN INSTRUMENT# D209166842 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS: BEGINNING IN THE PARCEL DESCRIBED IN INSTRUMENT# D210079542 FROM WHICH A FOUND 1/2" IRON ROD AT THE NORTHWEST CORNER OF LOT 11 BLOCK 12 FOREST GLENN WEST PHASE II FILED CABINET A SLIDE 10620 BEARS N84'59'08 "E 258.06 FEET; THENCE N20'05'27"W 40.00 FEET, THENCE N34'51'37 "E 172.29 FEET; THENCE S85`48'46 "E 850.83 FEET; THENCE 56853'11 "E 108.22 FEET; THENCE S21'06'49 "W 20.00 FEET; THENCE S48`45'09 "E 429.51 FEET; THENCE S4114'51 "W 40.00 FEET; THENCE N4845'09 "W 429.51 FEET; THENCE N5933'25 "W 121.12 FEET, THENCE N75`48'00"W 51.66 FEET; THENCE N8548'46 "W 471.37 FEET; THENCE S69 54'33 "W 400.44 FEET TO THE POINT OF BEGINNING; CONTAINING 67,700 SQUARE FEET OR 1.554 ACRES. BASIS OF BIEMING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIP11ON WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 04/22/11 - 07/05/11 TODD FINCHER R.P.L.S. NO. 5633 DATE OF SIGNATURE: 11 /07`11 (CM) CONTROL MONUMENT N EXHIBIT I �i Il. CITY OF NORTH RI CHLAND FILLS TRACT TX TARR — LNPL - 004.01 INSTR# D205070984 (susa# 7170 --A 1) 1 �� -o ert i FIRST TEXAS COUNCIL OF CAMP FIRE INC TRACT TX TARR— LBPL- 005.00 VO 9097 PG 1039 (Al266 TR 001B) CITY OF NORTH RICHLAND FILLS TRACT TX TARR —LBPL -004.00 IN51R# D210079542 (Al266 TR 2A03A) 1DR BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE, (CM) CONTROL MONUMENT AMENDED FINAL PLAT OF FOREST GLENN ADDITION CAB A S L 8171 (CM) i \ - N 0016'56"W 207.70' d POINT OF ., BEGINNING EXHIBIT 10 � a R pvil a W >� O AMENDED FINAL PLAT OF FOREST GLENN ADDITION CAB A SL 8171 1 l ksu 1 10 SANITARY SEWER ESMT N AY VOL 6061 PG 239> N0016'56 "W ` ; ` '' •, �" 21.48' r£�`. �' �-- f ° f 15' SANITARY SEWER ESMT VOL 16214 PG 124 w O8 �� �` (CM) 5' SIDEWALK, DRAINAGE, �. & UTILITY ESMT ul) j `* '°•. `` CAB A SL 8171 w 20' DRAINAGE ESMT leg w VOL 388 -68 PG 19 w CITY OF NORTH RICHLAND HILLS 7100 7 � TRACT TX TARR LBPL- 004.01 f INSTR# D205070984 f I 20' LICENSED AREA (SUBDI 7170 - -Ar) ' 20,634 SF 1 1 U. _ ` 0 .473 AC 1 1 11 cr F ---- - - - - -- 1 �15' SANITARY SEWER ESMT VOL 9187 PG 1733 CITY OF NORTH RICHLAND HILLS TRACT TX —TARR— LBPL-004.00 INSTR# D210079542 (Al266 TR 2AOJA) 40' DRAINAGE ESMT VOL 16214 PG 125 20' DRAINAGE ESMT VOL 388 - 68 PG 19 FIRST TEXAS COUNCIL OF CAMP FIRE INC TRACT TX —TARR— LBPL - 005.00 VOL 9097 PG 1039 (mass rR 4AGIB) 4(cm) (CM) CONTROL MONUMENT 0 IN, I 589 "42'52 "W 54.81" P I f Q' 4 FOUND 1/2" IRON ROD N Owl EXHIBIT A 20.00 FOOT LICENSED AREA ACROSS THE PARCEL DESCRIBED IN INSTRUMENT# D205070984 AND ACROSS TWO 20 -FOOT DRAINAGE EASEMENTS DESCRIBED IN VOLUME 388 -68 AT PAGE 19 AND ACROSS A 15 -FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 9187 AT PAGE 1733 AND ACROSS A 40 -FOOT DRAINAGE EASEMENT DESCRIBED IN VOLUME 16214 AT PAGE 125 AND ACROSS A 100 -FEET TEXAS POWER AND LIGHT EASEMENT DESCRIBED IN VOLUME 2886 PAGE 208 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS: BEGINNING ON THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN INSTRUMENT# D205070984 FROM WHICH A FOUND 1/2" IRON ROD AT THE NORTHWEST CORNER OF SAID PARCEL BEARS N0016'56"W 207.70 FEET; THENCE S68'53'11 "E 1,061.15 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG THE SOUTHERLY BOUNDARY S8942'52 "W 54.81 FEET; THENCE N68 "W 1,002.28 FEET TO THE WESTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY N001656 "W 21.48 FEET TO THE POINT OF BEGINNING; CONTAINING 20,634 SQUARE FEET OR 0.474 ACRES, BASIS OF BEARING. BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 04/22/11- 07/05/11 TODD FINCHER R.P.L.S. NO. 5633 DATE OF SIGNATURE: 11/04/11 (CM) CONTROL MONUMENT N Y EXHIBIT sr AMENDED ' FINAL PLA t 1 1 1 OF FOREST GLENN ADDITIO 1 1 CAB A SL 2 218 1 1 1 1 1 1 l 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 CHEROKEE TRAIL CHEROKEE ESTATES VOL 398-68 PG 19 C4V FIRE USA RRSf TEAS COLINCX TRACT TX- TARR -LBPL- 005.00 VOL 9097 PG 1039 (A7266 TR 0019) r �r r BASIS OF $FARING: BEARINGS SHOWN HEREOF ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4242 ZONE. (CM) CONTROL MONUMENT CITY OF NORTH RICELAND HILLS TRACT T TARR -LBPL- 005.01 INS'TR# D205070984 (SUMI 7170 - -61) CITY OF NORTH RICHLAND HILLS TRACT Tx TARR- LBPL- OD7.00 U)T 8 BLOCK 14 FOREST GLEN EAST ADDITION� PHASE I CAB A SL 8171 INSTR# D204119320 (SUBDI 141.33E -1 4 -8) ol Q C KRR VILLAS ON BEAR CREEK LP VOL 13439 PG 428 LOT 1 BLK I THE VILLAS ON BEAR CREEK ADDITION CAB A SL 5059 (SURDI 44721N) EXHIBIT Owl 0 � �� 4� � � � ItQl f so CITY OF NORTH RICHLAND HILLS TRACT TX- TARR- LBPL- 006.01 INSTR# D205070984 (SUBQ,I 7170 - - 81) POINT OF BEGINNING N6117'11 " 151.22' N68 "53' "W 63.71 CHEROKEE TRAIL CHEROKEE ESTATES VO 388 -68 PG 1 X5'52'14" R= 1990.00' L=203.89'- CB=N65*57'04"W CH= 203.80' LICENSED AREA 10,978 SF 0.252 AC CAMP FIRE USA FIRST TEXAS COUNCIL TRACT TX- TARR - LBPL - 005.00 VOL 9097 PG 1039 (A1 266 7R 0019) AMENDED FINAL PLAT OF FOREST GLENN ADDITION CAB A SL 2218 C) �H09 "34'07 "W 63.70' (CM) CONTROL MONUMENT l 4 (CM)� CITY OF NORTH RICHLAND HILLS TRACT TX- TARR - LBPL - 007.00 LOT 8 BLOCK 14 FOREST GLEN EAST ADDITION PHASE II CAB A SL 8171 INSTR# D204119320 (SUBUI 14133£ -14 -8) X5'52'45" R= 2010.00' L= 206.24' CB= S65'56'49 "E CH= 206.15' 544'55'55 "W Si r g 20.83, �Y 0 F + FOUND 1 /2" IRON ROD N Owl i EXHIBIT A 20.00 FOOT LICENSE AREA ACROSS THE PARCEL DESCRIBED IN INSTRUMENT# D205070984 AND ACROSS CHEROKEE TRAIL AS SHOWN ON THE PLAT OF CHEROKEE ESTATES RECORDED IN VOLUME 388 -68 AT PAGE 19 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID CHEROKEE TRAIL FROM WHICH A FOUND 1/2" IRON ROD BEARS N09'34'07 "W 63.70 FEET; THENCE $68'53'11 "E 213.64 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05'52'45 ", RADIUS OF 2,010.00 FEET, ARC LENGTH OF 206.24 FEET, THE CHORD OF WHICH BEARS 565`56'49 "E 206.15 FEET TO A POINT OF NON- TANGENCY; THENCE S61'17'11 "E 208.22 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF DAVIS BOULEVARD AS SHOWN ON TXDOT RIGHT OF WAY PLANS FOR FM1938 DATED 03 -NOV -1993, THENCE ALONG SAID RIGHT OF WAY LINE S44'55'55 "W 20.83 FEET TO THE CENTERLINE OF SAID CHEROKEE TRAIL; THENCE ALONG SAID CENTERLINE N61'17'11 "W 202.10 FEET TO A POINT OF NON - TANGENT CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 05'52'14", RADIUS OF 1,990.00 FEET, ARC LENGTH OF 203.89 FEET, THE CHORD OF WHICH BEARS N65'57`04 "W 203.80 FEET; THENCE N68'53'11 "W 63.71 FEET ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID CHEROKEE TRAIL; THENCE N61'17'11 "W 151.22 FEET TO THE POINT OF BEGINNING; CONTAINING 10,978 SQUARE FEET OR 0.252 ACRES. BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE {GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 04/22/11- 07/05/11 TODD FINCHER R.P.L.S. NO. 5633 DATE OF SIGNATURE: 12/12/11 (CM) CONTROL MONUMENT N EXHIBIT Owl i A 0� CITY OF NORTH RICHLAND FILLS TRACT TK TARR —L PL- 012.00 INSTR# D208123343 ,JOHNNY J GILLILAND UAL (Al266 TR IMO2AI) --� TRAC r TX TARR —LPL- 011.00 VOL 14144 PG 218 TRACT I� (Al266 TR 11C) THORNBRIDGE EAST PHASE III CAB A SLIDE 11389 (SUMI 42003N) CITY OF NORTH RICHLAND HILLS TRACT Tk- 7ARR— LBPL- 012.00 VOL 14258 PG 515 (A 1266 7R 9) (A 1266 TR 15A02A) THORNBRIDGE EAST PHASE N IN" D210154414 (Way 4200.0 CITY OF NORTH RICHLAND HILLS TRACT Tk TARR —LBPL- 014.00 INSTR# D209O31890 (Al268 rR WOO STEPHEN K MORROW UAL TRACT TX TARR —UM- 013.00 VOL 8595 PG 541 ( Al266 TR 154029) CITY OF NORTH RICHLAND HILLS NORTHRELD PARK BLACK 2 LAT 1 (SUMI 30282 - -1) BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4242 ZONE. (CM) CONTROL MONUMENT N NO222'00 "E 83.81'• of OD JOHNNY J GILLILAND ETAL t TRACT TX-TARR-LBPL-01 1 .00 a t' VOL 14144 PG 21 TRACT II ( A 1266 TR 1 I C) 0 Z r FOUND 5/8" IRON ROD (CM) 6=4'00'00" R=1210.00 CB= N 1376'24 "W CH= 84.46' w F to N N O N z FOUND 1" IRON ROD (CM) Zrn m C w O I L. w LL w 0 Z (CM) 0 FOUND 3/4" IRON ROD lb CITY OF NORTH RICHLAND HILLS TRACT TX- TARR -LBPL- 012.00 VOL 14258 PG 515 (A 1266 TR 9) (A 1266 TR 15A02A) ul c .�r y 1 \ � �`06" 6'> \ S89'37' 27"W 1 217.12' POINT OF 589'37'27 "W 1 BEGINNING 20,71' 1 STEPHEN K MORROW ETAL TRACT TX- TARR -LBPL- 013.00 VOL 6595 PG 541 (A 1766 TR 15+1028) (CM) CONTROL MONUMENT EXHIBIT 20' LICENSED AREA 16,928 SF 0.389 AC X4'00'00" R= 1190.00' L= 83.08' CB= 513'26'24 "E CH= 83.06' EXHIBIT A 20.00 FOOT LICENSED AREA ACROSS THE PARCEL DESCRIBED IN VOLUME 14258 AT PAGE 515 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 12616, DESCRIBED AS FOLLOWS; BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 3/4" IRON ROD AT THE SOUTHWEST CORNER OF SAID PARCEL BEARS 589'37'27 "W 217.12 FEET; THENCE N1526'24 "W 497.78 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 04'00'00 ", RADIUS OF 1,210.00 FEET, ARC LENGTH OF 84.47 FEET, THE CHORD OF WHICH BEARS N13'26'24 "W 84.46 FEET; THENCE N11'26'24 "W 221.45 FEET TO THE WESTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY NO2'22'00 "E 83.81 FEET; THENCE S11'26'24 "E 302.84 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 04'00'00 ", RADIUS OF 1,190.00 FEET, ARC LENGTH OF 83.08 FEET, THE CHORD OF WHICH BEARS S1326'24 "E 83.06 FEET; THENCE 51526'24 "E 503.16 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY 589'37'27 "W 20.71 FEET TO THE POINT OF BEGINNING; CONTAINING 16,928 SQUARE FEET OR 0.389 ACRES. (CM) CONTROL MONUMENT N EXHIBIT FOUND 5/8" IRON ROD (CM) N t f ' N n CITY OF NORTH RICHLAND HILLS N TRACT TX- TARR -LBPL- 012.00 z VOL 14258 PC 515 (A 1266 TR 9) (A 1266 TR 15 O2A) FOUND l" IRON ROD (CM) CIO 4 0 b lb I N ,'� `► �� ADDITIONAL '� / WORKSPACE z¢ � 1 / 13,575 SF �' W 0.312 AC w LO `�'; , �,� f / NOO'22'33 "w , ' ` J sG a oP 8.97' r (CM) \ , S89 "W J 589' 37'27 " w 241.29' FOUND 3`4 ��� 794.67 IRON ROD POINT OF BEGINNING ETAL 1 �� s 5 `� TRACT Tx- TARR - L 013.00 \� 1 VOL 6595 PG 541 (Ax266 TR 15402B) (CM) CONTROL MONUMENT EXHIBIT AN ADDITIONAL WORKSPACE ACROSS THE PARCEL DESCRIBED IN INSTRUMENT# D208123343 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 3/4" IRON ROD AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN VOLUME 14258 AT PAGE 515 BEARS 589`37'27 "W 794.67 FEET; THENCE NO0'22'33 "W 38.97 FEET; THENCE N43`35'13 "E 88.42 FEET; THENCE 56040'47 "E 207.12 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN INSTRUMENT# D208123343; THENCE ALONG SAID SOUTHERLY BOUNDARY 589'37'27 "W 241.29 FEET TO THE POINT OF BEGINNING; CONTAINING 13,575 SQUARE FEET OR 0.312 ACRES. BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT 'SAME IS TRUE AND CORRECT. DATE OF SURVEY; 04/22/11- 07/05/11 TODD FINCHER R.P.L.S. NO. 5633 DATE OF SIGNATURE: 12/02/11 (CM) CONTROL MONUMENT N , EXHIBIT THORNRIDGE EAST PHASE IV -- 17 INSTR# D210154414 16 15 10 14 13 12 11 BLOCK 9 0 CITY OF NORTH RICHLAND HILLS TRACT TX- TARR -LBPL- 014.00 INSTR# D209031690 (A 1266 1 R 16CO1) STEPHEN K MORROW ETAL TRACT TX -TARR- LBPL - 013.00 VOL 6595 PG 541 (Al266 T R 15AO26) THE THOMAS C & LUCILLE STEVENS TESTAMENTARY TRUST TRACT TX- TARR - LBPL- 015.00 VOL 14510 PG 438 (Al266 TR 16C) bat, 0th 0 4 di CITY OF NORTH RICHLAND HILLS INSTR# D210040202 (1R 15Ad (C CONTROL MONUMENT N Owl EXHIBIT 15 THORNRIDGE EAST PHASE IV INSTR# D210154414 TEMPORARY 14 WORKSPACE NO. 2 98 SF 0.002 AC N89'37'25 "E m FOUND 3/4" IRON ROD ' N00 38 40 " W 5.00 ' — POINT OF BEGINNING NOO'38'40"W 20.00' S89*37'27 "W 20.00' 20.00' BLOCK 9 I 589' 55'21 "E 812. CM REFERENCE BEARING 500'38'40 "E ,20.00' LICENSED AREA FOUND 1/2" 400 SF IRON ROD 0.009 AC N \ \— TEMPORARY WORKSPACE NO. 1 9,089 SF 0.209 AC VOL 6595 PG 541 -,4 (A 1266 rR 154028) STEPHEN K MORROW ETAL TRACT TX— TARR —LBPL- 013.00 ADDI11ONAL WORKSPACE 488 SF 0.011 AC 20' DDJET LIMITED LLP PIPELINE EASEMENT INSTR# D207363398 CITY OF NORTH RICHLAND HILLS TRACT TX —TARR— LBPL -014.00 INSTR# D209031690 (A x,266 TR r 600 r) THE THOMAS C & LUCILLE STEVENS TESTAMENTARY TRUST TRACT TX —TARR— LBPL - 01500 VOL 14510 PG 438 (Ar266 rR rsC) A 20.00 FOOT LICENSED AREA ACROSS THE PARCEL DESCRIBED IN INSTRUMENT# D209031690 AND ACROSS THE 20 —FOOT DDJET LIMITED LLP PIPELINE EASEMENT DESCRIBED IN INSTRUMENT# D207363398 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS; BEGINNING ON THE WESTERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 3/4" IRON ROD AT THE NORTHWEST CORNER BEARS NOO'38'40"W 5.00 FEET; THENCE N8937'25 "E 20.00 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID EASTERLY BOUNDARY SOO "38'40 "E 20.00 FEET, THENCE S89`37'27 "W 20.00 FEET TO SAID WESTERLY BOUNDARY; THENCE ALONG SAID WESTERLY BOUNDARY NO0'38'40 "W 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 400 SQUARE FEET OR 0.009 ACRES. (CM) CONTROL MONUMENT N EXHIBIT 17 THORNRIDGE EAST PHASE IV 16 15 INSTR# D210154414 14 13 FOUND 3/4" IRON ROD (CM', TEMPORARY WORKSPACE NO. 2 98 SF 0.002 AC NOO'38'40 "W fly] I►>li�]�:3X�][!�1►11►[tl►l�1[i] N32'53'43 'W 37.48' CITY OF NORTH RICHLAND HILLS TRACT TX— TARR —LBPL- 014.00 INSTR# D209031690 ( Al266 TR 16C01) THE THOMAS C & LUCILLE STEVENS TESTAMENTARY TRUST TRACT TX— TARR — LBPL - 015,00 VOL 14510 PG 438 (Al266 TR 16C) A TEMPORARY WORKSPACE ACROSS THE PARCEL DESCRIBED IN INSTRUMENT.# D209031690 AND ACROSS THE 20 —FOOT DDJET LIMITED LLP PIPELINE EASEMENT DESCRIBED IN INSTRUMENT# D207363398 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS: BEGINNING ON THE WESTERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 3/4" IRON ROD AT THE NORTHWEST CORNER BEARS NO4'38'40 "W 25.00 FEET, THENCE N89'37'27 "E 20.00 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID EASTERLY BOUNDARY SOO'38'40 "E 470.26 FEET; THENCE N32'53'43 "W 37.48 FEET TO SAID WESTERLY BOUNDARY; THENCE ALONG SAID WESTERLY BOUNDARY NOO'38'40 "W 438.66 FEET TO THE POINT OF BEGINNING; CONTAINING 9,089 SQUARE FEET OR 0.209 ACRES. 61STE .. . . . . . . . . .. . . . . . . . . . . 5533 STEPHEN K MORROW ETAL TRACT TX— TARR —LBPL- 013.00 VOL 6595 PG 541 (Al266 TR 15A028) = 11111+]1'•] 12 S89'55'21 "E 812.05' REFERENCE BEARING CM FOUND 1/2" IRON ROD ' `' LICENSED AREA . co 0 'err 0 z o r4 400 SF 4.{}09 AC \_ N89*37'27"E w 0 41 1� to 0 0 20' DDJET LIMITED LLP PIPELINE EASEMENT INSTR# D207363398 (CM) CONTROL MONUMENT {(j 20.00' W M7 � TEMPORARY WORKSPACE NO. � 9,089 SF ' 0.209 AC w 0 41 1� to 0 0 20' DDJET LIMITED LLP PIPELINE EASEMENT INSTR# D207363398 (CM) CONTROL MONUMENT N Owl EXHIBIT 15 THORNRIDGE EAST PHASE IV INSTR# D210154414 14 r FOUND 3/4 "IRON ROD POINT OF BEGINNING NO.2 N00'38'40 "W_/ x.. 5.00' 589'37'25 "W 20.00' STEPHEN K MORROW ETAL TRACT TX— TARR —LBPL- 013.00 VOL 6595 PG 541 TEMPORARY WORKSPACE NO. 2 98 SF 0.002 AC 1 " im 589 55 23 E BLOCK 9 1 20.00' 589'55'21 "E 812.05' N �CM REFERENCE BEARING SOO'38'40 "E 4.84' LICENSED AREA — 400 SF 0.009 AC TEMPORARY WORKSPACE NO. 1 9,089 SF 0.209 AC FOUND 1/2" IRON ROD (Al266 TR 15AO29) CITY OF NORTH RICHLAND HILLS ADDITIONAL TRACT TX— TARR —LBPL -014.00 DDITIDN L INSTR# D209031690 WORKSPACE ( 488 SF A 7 266 r R 76c01) 0.011 AC THE THOMAS C & LUCILLE STEVENS 20' DDJET LIMITED LLP PIPELINE EASEMENT INSTR# D207363398 TESTAMENTARY TRUST TRACT TX -TARR- LBPL - 015.00 VOL 14510 PG 438 (Al266 TR 16C) ci f L PROPERTY DESCRIPTION OF TEMPO WORKSPACE NO. 2 A TEMPORARY WORKSPACE ACROSS THE PARCEL DESCRIBED IN INSTRUMENT# D209031690 AND ACROSS THE 20 —FOOT DDJET LIMITED LLP PIPELINE EASEMENT DESCRIBED IN INSTRUMENT# D207363398 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MONUMENTED BY A FOUND 3/4" IRON ROD; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 589'55'23 "E 20.00 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID EASTERLY BOUNDARY SOD'38'40 "E 4.84 FEET; THENCE 589'37'25 "W 20.00 FEET TO THE WESTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY NO0'38'40 "W 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 98 SQUARE FEET OR 0.002 ACRES. BASIS OF BEARING. BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 04/22,/11 - 07/05/'11 TODD FINCHER R.P.L.S, NO, 5633 DATE OF SIGNATURE 12/02/11 (CM) CONTROL MONUMENT PUBLIC RIGHT -OF -WAY USE AGREEMENT (NATURAL GAS PIPELINE CROSSING) [Smithfield Road, South of North Tarrant Parkway] [Cherokee Trail, West of Davis Boulevard (FM 1938)] The following statements are true and correct and constitute the basis upon which the parties have executed this Agreement. A. Texas Midstream Gas Services, LLC, an Oklahoma Limited Liability Company duly authorized to do business in Texas ("Company") wishes to construct a pipeline for the transportation of natural gas under certain Public Rights -of -Way. B. The City has reviewed Company's request and agrees to grant Company a license to use certain Public Rights -of -Ways in order to erect, construct, install, operate, repair, maintain, and remove a Pipeline, on the terms and conditions set forth herein, solely for the transportation of Gas and solely in accordance with the terms and conditions of this Agreement. 1. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean this Public Right -of -Way Use Agreement (Natural Gas Pipeline Crossing). Company shall mean Texas Midstream Gas Services, LLC, an Oklahoma Limited Liability Company, only and shall not include any Affiliate or third party. City shall mean the area within the corporate limits of the City of North Richland Hills, Texas and the governing body of the City of North Richland Hills, Texas. City Manager shall mean the City Manager of the City of North Richland Hills, Texas. Commission shall mean the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Commission. Customer shall mean any Person located, in whole or in part, within the City. Development Review Committee (DRC) shall mean the City's internal staff review committee that includes, but is not limited to, representatives of the departments of planning and development, inspections, public works, fire, police, parks and recreation, neighborhood services, economic development, and the Gas Inspector. Gas shall mean gaseous natural gas, liquefied natural gas, the constituents thereof or any mixture thereof. Gas Inspector shall mean an individual designated by the City Manager or any other Person or entity so designated as an inspector by the City Manager. Gas Pipeline Construction Plans shall mean the necessary gas pipeline construction documents that shall be submitted at time of gas pipeline permit application. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of business entity or association. Pipeline shall mean the twelve inch (12 ") nominal diameter natural gas pipeline and appurtenant facilities that are installed by Company in the Public Rights -of -Way in accordance with this Agreement. Public Right -of -Way shall mean only those dedicated public streets, highways, alleys and rights -of -way in the City identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Public Works Department shall mean the Public Works Department of the City of North Richland Hills, Texas. f+ H:7= 1►19191AN10 ®k&-'] 2.1 General Use of Public Riahts- of -Wav for Provision of Gas. Subject to the terms and conditions set forth in this Agreement pursuant to § §1$1.006, 181.006 of the Texas Utilities Code, the City, to the extent of its interest therein, hereby grants Company a license to (i) erect, construct, install, operate, repair, maintain, and remove the Pipeline in, under, along and across the Public Rights -of -Ways and (ii) transport Gas through the portions of the Pipeline in, under, along and across the Public Rights -of -Ways as described in Exhibit A attached. Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the Public Rights -of -Ways and does not allow Company to sell or otherwise provide Gas to any Customer within the City. 2.2 Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights -of -Ways to other Persons in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights -of -Ways that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights -of -Ways, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights -of -Ways by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights -of -Ways, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3 Other Permits. This Agreement does not relieve Company of any obligation to obtain other appropriate permits, licenses and other approvals from the City or other regulatory agency necessary for the erection, construction, installation, maintenance, removal or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4 Bonds. Before beginning any work that requires excavation in the Public Rights -of -Ways, Company shall deliver to City a bond executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the amount of $50,000 for two years. The bond shall guarantee (i) the faithful performance and completion of all construction, maintenance, removal or repair work in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of that contract; {iii} that Company shall restore the Public Rights -of -Ways affected by such excavation in a satisfactory and workmanlike manner; (iv) that the restoration work shall be maintained in a state of repair satisfactory to the City for a period of two years following the date the City approves the restoration; and (v) Company shall fully comply with any valid and enforceable City ordinances governing excavation in the Public Rights -of -Ways. If the Company meets its obligations under this Section, the City shall return the bond to the Company upon expiration of the two -year period. The bonds shall name the City as obligee. 3. TERM This Agreement shall become effective on the date as of which both parties have executed it ( "Effective Date ") and shall expire at 11:59 P.M. CST on January 9. 2032 unless terminated earlier as provided herein. This Agreement shall have a term of twenty (20) years. 4. FEES AND CONSIDERATION TO CITY. 4.1. Right -of -way charge. On or prior to the Effective Date of this Agreement, Company shall pay City a right -of -way fee (the "Right -of -Way Fee ") to cover the anticipated cost to the City of administering, supervising, inspecting, and otherwise regulating the location of the Pipeline within the Public Rights -of -Way, including maintaining records and maps of the location of the Pipeline within the Public Rights -of -Way. In lieu of an annual fee, Company shall pay City a single payment in the amount of $ 10.763.00 covering the entire 20 year term hereof. This payment is broken down as follows: SMITHFIELD ROAD South of North Tarrant Parkway $ 1,598.00 CHEROKEE TRAIL West of Davis Boulevard (FM 1938) $ 9,165.00 4.2. Other Pauments and Interest. The payment of the Right -of -Way Fee does not excuse Company from any property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City, subject to the limits on fees in Section 121.2025 of the Texas Utilities Code or its successor. 5. REGULATORY AUTHORITY OF THE CITY. Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public, to the extent that regulation is valid under applicable federal or state law. In this connection, Company shall be subject to, governed by and shall comply with all applicable and valid federal, state and local laws, including all applicable and valid ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. 6. USE OF PUBLIC RIGHTS -OF -WAYS. 6.1. Comaliance with Laws. Ordinances. Rules and Regulations. The City has the right to control and regulate the use of the Public Rights -of- Ways and other City -owned property. Company shall comply with all valid and applicable laws, ordinances, rules and regulations, including, but not limited to, valid and applicable City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. 6.2. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Public Rights -of- Ways by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Public Rights - of -Ways, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions reasonably determined by the City to be in the public interest to remove or alleviate such undue burden. 6.3. Minimal Interference. 6.3.1. Notice. Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs, or other work that requires the excavation, lane closure, or other physical use of the Public Rights -of -Ways, Company shall, except for work required to address an emergency, provide at least 48 hours' advance written notice to the owners of property adjacent to the Public Rights -of -Ways that will be affected. In the case of emergencies Company shall provide notice to the affected landowners within 24 hours after commencement of work. 6.3.2. Worksite Requlations. During any such work, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the right -of- way adjacent to the improved portion of the road shall be restored and revegetated. 6.3.3. Burial Company shall bury or have buried its Pipeline at least four feet (4') deep except underneath public roads that are on the Public Rights -of -Way. Underneath public roads on the Public Rights -of -Way, below - ground parts of the Pipeline shall be at least seven feet (7) below the lowest point in such road pavement. When the Pipeline can not be bored, during backfill of the Pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot above the Pipeline to warn future excavators of the presence of the Pipeline. 6.3.4. Borina /Directional Drillina Additional Reauirements. Company shall ensure that all drilling mud pressures are monitored during Pipeline construction. ii. Company shall ensure that hard copies of the appropriate storm drain sheets reflected in the City's Storm Drain Grid Maps are on site at each bore /directional drill location. iii. Company shall provide City with a Material Safety Data Sheet (MSDS) for drilling muds used on project prior to the initiation of construction. iv. Company will adhere to the following action plan in the event of an inadvertent release of boring /drilling mud: a. Post one or more individuals along the path of the bore to look for mud that may be coming to the surface; and require at least one employee to continually walk the length of the bore /horizontal directional drill path during the drilling process in order to look for any signs of drilling mud ebbing to the ground surface. This person(s) shall be required to notify Company's Construction Superintendent and the Crew Foreman of any release of mud. b. Keep hay bales on site so that they may be strategically placed at/around the area where the mud is surfacing in order to contain the release. C. Immediately move vacuum trucks to the mud release site and begin the mud cleanup process. d. Protect all drainage systems along the bore path with silt fence and hay bales so any mud released is prevented from entering the drainage system. V. In the event of an inadvertent release, Company must protect all drainage systems along the bore path and appropriate remediate release in compliance with state and federal requirements. vi. If the City requests, Company shall provide access to a testing facility, at Company's sole cost, which shall perform an analysis of drilling mud, water and/or soil at any location along the pipeline route prior, during or after boring operations or directional drilling operations have occurred. The specific tests will test for a. Storm water discharge b. Heavy metals C. BTEX Benzene, Toluene, Ethyl Benzene, and Xylene d. Total Petroleum Hydrocarbon (TPH) test run by Method TX -1005 e. Total Toxic Organics (TTO) test vii. Should an inadvertent release potentially impact the City's regulated municipal separate storm sewer system (MS4) as visually confirmed by drilling mud present in curb inlet, drainage ditch, or receiving water, Company shall remediate any impact to the MS4. To confirm adequate remediation of said release City may require Company, at Company's sole cost, to perform an analysis of water and or soil in the MS4, completed by an independent, NELAP certified testing facility chosen by the Company. In each instance the specific analysis must be sampled and prepared appropriately and tested for the following analytes: a. Heavy metals 1. Ag, As, Ba, Cd, Cr, Pb, Se using EPA analytic method 6010B 2. HG using EPA Analytic Method 7470A b. Volatile Organic Compounds using EPA Analytic Method 8260B Compliance is assured when analytic results meet or exceed pre- existing water quality levels within that receiving water or state or federal water quality limits are met, whichever is higher. viii. At least 10 days prior to the start of Pipeline construction, Company shall notify, in writing, both the property owners who have granted Company pipeline easements along the proposed pipeline route and those property owners within a five hundred foot (500') radius of the edge of the pipeline easement that gas pipeline construction is imminent. 6.4. "As- Built" Plans and Maps. Company, at Company's sole cost and expense, shall provide the City with as -built plans of all portions of the Pipeline located within the City, including those portions within the Public Rights -of -Way, and maps showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as -built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 6.5. Marking of Pipeline. In addition to the markings required pursuant to 49 C.F.R. § 192.707 or its successor, Company shall mark the Pipeline in a manner that is reasonably acceptable to the Gas Inspector, to show conspicuously Company's name, a toll -free telephone number of Company that a Person may call for assistance and the appropriate Texas One Call System telephone number. 6.6. Pavement Cut Coordination and Additional Fees. The City shall have the right to coordinate all excavation work in the Public Rights -of -Ways in a manner that is consistent with and convenient for the implementation of the City's program for street construction, rebuilding, resurfacing and repair. To preserve the integrity of the Public Rights -of -Ways, Company shall not cut, excavate or otherwise breach or damage the surface of any paved Public Right -of -Ways within 90 months following the construction or resurfacing of such Public Right -of -Ways unless Company obtains written consent from the City Manager, which consent shall not be unreasonably refused, withheld, conditioned, or delayed; pays an additional fee reasonably agreed to by and 'between the parties; and restores the Public Rights -of -Ways in accordance with this Agreement. 6.7. Restoration of Public Rights -of -Ways and Property,. Company, at Company's sole cost and expense, and in a manner approved by the City, shall (promptly restore any portion of the Public Rights -of- Ways, City - owned property or other privately -owned property that is in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Company shall diligently commence such restoration within 30 calendar days following the date that Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within 30 calendar days following such removal. Any private service /utility lines that are in any way disturbed or damaged by the Company's construction, operation, maintenance or removal of any of the Pipeline, shall be repaired at the Company's sole cost and expense within 24 hours. 6.8. Relocation of Pipeline. Within one hundred and eighty (180) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect, alter or remove from the Public Rights -of -Ways all or any portion of its Pipeline due to (i) street or other public excavation, construction, repair, grading, regrading, or traffic conditions; (ii) the installation of sewers, drains, water pipes or municipally -owned facilities of any kind; (iii) the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; (iv) any public work; or (v) any other type of improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If Company reasonably requires more than one hundred eighty (180) days to comply with the City's written request, it shall notify the City Manager in writing and the City will work in good faith with Company to negotiate a workable time frame. Any relocation will require that the Public Works Department, at Company's expense, approve Company's plans. It is the desire of both parties to determine such relocation within the existing Public Rights -of- Ways. 6.9. Emergencies. 6.9.1. Work by the Citv. For purposes of this Section 6.9.1, a public emergency shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man -made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed reasonably appropriate by the City (Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 7.1, that may occur to the Pipeline or that Company may otherwise incur as a result of such necessary response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including, without limitation, any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.9.2. Work by or on Behalf of Company. In the event of an emergency that directly involves any portion of the Pipeline and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain a construction permit from the DRC and otherwise fully comply with the requirements of this Agreement. 6.10. Removal of Pipeline. 6.10.1. Companv Obliaated to Remove. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the Public Rights -of -Ways under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the Pipeline. Within six (6) months following such revocation, termination, or expiration and, if the City requests, Company, at Company's sole cost and expense, shall remove the Pipeline from the Public Rights - of -Ways (or cap the Pipeline and abandon it in place, if consented to by the City), in accordance with applicable laws and regulations. 6.10.2. Citv's Right to Remove. If Company has not removed all of the Pipeline from the Public Rights -of -Ways (or capped the Pipeline and abandoned it in place, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the Public Rights -of -Ways abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon the Pipeline within the City except in compliance with any requirements of the Commission or successor agency or any other regulatory authority with such jurisdiction. 6.10.3. Restoration of Propertv. Within six (6) months following revocation, termination or expiration of this Agreement and in accordance with Section 6.7 of this Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all reasonable costs incurred in performing or having performed such restoration work. r�If_1: 1141 WMAN 1N11►1r]4�Jl I'll IIa MIN 1101k 7.1. Liabilitv of Comaanv,. Company shall be liable and responsible for any and all of City's damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages "), which may arise out of- (i) the construction, installation, operation, maintenance or condition of the Pipeline; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors with respect to the Pipeline; or (iv) Company's failure to comply with any valid and applicable federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the gross negligence or intentional misconduct of the City. 7.2. Indemnification. COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS ( "INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF. (I) COMPANY'S CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (11) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE, (111) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (1V) COMPANY'S FAILURE TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, ACTS; OR (V) THE NEGLIGENT ACT OR OMISSION(S) OF THE CITY, ITS OFFICERS AND EMPLOYEES.. 7.3. AssumMion of Risk. Company hereby undertakes and assumes, for and on behalf of Company, its officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous conditions, if any, on or about any City -owned or City- controlled property, including, but not limited to, the Public Rights -of -Ways. 7.4. Defense of Indemnitees. If an action is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City, at City's own expense. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or 'location of the Public Rights -of -Ways and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline, as follows. 8.1. Primary Liabilitv Insurance Coveraqe. 8.1.1. Commercial General Liabilitv: $5,000,000 per occurrence, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products /completed operations; (iv) personal injury„ (v) contractual liability; (vi) explosion, collapse and underground property damage. 8.1.2. Propertv Damaae Liability: $1,000,000 per occurrence 8.1.3. Automobile Liability: $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non -owned motor vehicles used in conjunction with the rights granted under this Agreement 8.1.4. Worker's Compensation: As required by law; and, 8.1.5 EmDlover's Liability: $1,000,000 per accident 8.2. Reauirements and Revisions to Reauired Coveraae, The City may, not more than once every five years during the term of this Agreement, revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ninety days of receipt of written notice from the City, Company will implement all such revisions reasonably requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non - renewal or amendment, shall be made without thirty (30) days' prior written notice to the City. The policies and Certificate of Insurance provided to the City shall contain the following language: CANCELLATION CLAUSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREFORE, THE ISSUING INSURER WILL PROVIDE 30 DAYS WRITTEN NOTICE TO THE NAMED CERTIFICATE HOLDER. 8.3. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. No construction shall commence until such certificates are received. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles. Deductible or self- insured retention limits on any line of coverage required herein shall not exceed $50,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 8.5. No Limitation of Liability. The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 9. DEFAULT. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: 9.1. Breach. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or materially fails to perform any obligation required by this Agreement. 9.2. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings or profits thereof, (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.3. Violations of the Law. An Event of Default shall occur if the Pipeline or Company's operation of the Pipeline violates any valid and applicable existing or future federal, state or local laws or any applicable existing or future ordinances, rules and regulations of the City. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Otmortunity to Cure. If an Event of Default occurs, then City shall provide Company with written notice of such Default and shall give Company the opportunity to cure such Event of Default. For an Event of Default, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. In the event the Default can not be cured within said thirty (30) days, so long as Company is acting in good faith, with due diligence to cure said Event of Default shall not be deemed an "Uncured Default." If any Event of Default is not cured within the time period specified herein and Company is not continuing to cure said Default in good faith with due diligence, such "Event of Default" shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may 'have: 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive Right -of -Way Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the Public Rights -of -Ways as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Company may not abandon the Pipeline except in compliance with any requirements of the Commission or successor agency or other regulatory authority with jurisdiction. 10.2.2. Legal Action Against Company. Upon the occurrence of an "Uncured Default ", the City may commence against Company an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11.1. Right to Information. City shall, until the expiration of three (3) years after the termination of the final extension under this Agreement, have the right to request and receive all Company records, documents, and other items that identify the locations of the Pipeline or transactions under this Agreement. 11.2 Filings with the Commission. Company shall, upon request, provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of gas through or other operations in the City, including, but not limited to, filings related to (i) rules, regulations and policies requested, under consideration or approved by the Commission; and (ii) applications and any supporting pre - filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the City with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation. 11.3. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and/or the transportation of Gas through the Public Rights -of -/Nay within thirty (30) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the details of its business and other operations necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. 13. ASSIGNMENT. Company may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld; provided, however, that Company may make such an assignment of its rights to an affiliated company without the consent of City, provided, that upon such assignment, Company shall notify City within sixty (60) days of said assignment. An `affiliated company' shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled by, or is under common control with Company. For purposes of this clause, `control' means direct or indirect ownership of fifty percent (50 %) or more of the voting rights of the subject entity. Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be applicable to Company and such affiliated assignee Every transferee shall succeed to all rights and be subject to all obligations, liabilities, and penalties owed to the City by the Company or any prior transferee of this Agreement, including any liabilities to the City for unpaid sums. No such transfer shall release the Company (or any subsequent transferor) from any obligation hereunder. 14. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand- delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: I V111TX*3 I cis City of North Richland Hills Attn: Mark Hindman, City Manager 7301 N.E. Loop 820 North Richland Hills, Texas 76180 I tII iTX0161 �J 1,,1► va Texas Midstream. Gas Services, L.L.C. Director- Right -of -Way Coordination P.O. Box 18162 Oklahoma City, OK 731 54 -0162. Physical Address: 6100 N. Western Avenue Oklahoma City, OK 73118-1044 With a Copy to: With a Copy to: City of North Richland Hills Texas Midstream Gas Services, L.L.G. Attn: Director of Public Works CT Corporation System 7301 N.E. Loop 820 350 N. St. Paul St. North Richland Hills, Texas 76180 Dallas, TX 75201 15. NON - DISCRIMINATION COVENANT. Company shall not discriminate against any individual person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation, or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company, or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate ;performance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use of the Public Rights -of -Ways, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. i d, IRI N44wi1►1X01114;J:T61 18.1. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Company agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 18.2. Farce Maieure. In the event Company's performance of any of the terms, conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non- performance shall be deemed excused for the period of such inability and for thirty (30) days thereafter. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 18.3. Headings Not Gontrollina. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 18.4. Entirety of Agreement. This Agreement, including the exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. EXECUTED as of the later date below: CITY OF NORTH RICHLAND HILLS TEXAS MIDSTREAM GAS SERVICES, L.L.C.: in Mark Hindman, City Manager Date: APPROVED AS TO FORM: is Dave Johns Manager - Midstream Property Rights Date: George Staples, City Attorney EXHIBIT " SMITHFIELD ROAD, South of North Tarrant Parkway NCIVTY MAP N.T.S. 10 9 10 20 GRAPHIC SCALE N FEET — HASEEFEx. 0 H o EN EE LEGEND 3U -- TARR.ANT COUNTY, TEXAS gg CITY 15TH, 29+02 LRT: 32'S3SE 5 ?� STEPHEN RICHARDWN SURVEY. A -1265 EEN JENTCH - UGE� '�ERC al a FILTSI[ 12'sC.24" E%li IWE a[G4cea naN9w s ar m.ea -- — EZ15TUG EFSEAO,T % PaxER'` t e x s E%ISTYC FENCE ..I cus u c Aq C TDE+1W E [ Ffa ISTI x .1- sR C?191 VG ST0. � Q Co N aMLIIOAD GsEG epa*,ASO ENTRrx. - IENTET -E —V ow+I oA w� c. ME. r CITY OF NORTH RICHLAND HILLS PE _ iLG!AU NE PRCPOSEO 12" STEEL Fi €vA1klx lE RORe —.PA. .. NATURAL rA4 PIP - r �F cl (I n - uI uu I CPIY Cd' NCRTH RICHL+DYO HILLS 9 R/W DYAITS UNKNmWN _ � G PLAN W meW W •' a x Iy a �J a cs w[7 bW aI__ "W a w�I-a a Ed 1 OQ 0W rtti VOOJ a � Z z + + LU } ®� l m~+ +� + + � a O 655 c x m ..=:.; E ' �NJ t om+ [ . �e 555 650 EwIyTIN;�: cR ,,E 650 645 [ 645 640 64D 35 635 6 3C, ._: :. ............. i. :_ ,. _ ... 630 625 625 620 620 F th 610 605 505 5 _ .. TOP CF F U4E7 it PIPELINE —" 506 28+ 5i0 29+00 29 +50 PROFILE NCIVTY MAP N.T.S. 10 9 10 20 GRAPHIC SCALE N FEET — HASEEFEx. 0 H o EN EE LEGEND 3U -- EI1NE - PERYhIiJ!T E SMEUi gg CITY ?NE tiYR11EA EIE I EEN JENTCH - UGE� '�ERC al a FILTSI[ E%li IWE a[G4cea naN9w s ar m.ea -- — EZ15TUG EFSEAO,T % PaxER'` t e x s E%ISTYC FENCE ..I cus u YEN.{ i al'. C TDE+1W E [ Ffa ISTI x .1- sR C?191 VG ST0. � Q Co N aMLIIOAD GsEG epa*,ASO ENTRrx. - IENTET -E —V ow+I oA w� c. ME. r - I RHk -LBf=L ] S i r PE R/L iLG!AU NE ETEY �' Fi €vA1klx lE RORe —.PA. NDTES TUU 9 SEE - 4E e5 IT TE E 'D IANATES 51TEN MFR R: NWTH RTh & 2 EiE TNN IUD EEA [D ME. R+s oast?+ AnaN 2 E -STN, UTUTIES . iE .,HG N IN A W IW T[ W S XNE-TEn C E1.E' Tax LL ✓MMU KkA` EE CALL 5YSIE T AO £ 2�+ 4545 't A11 11 N 11 RAY; (t5 HUUIaS± PPoUR N 0 3TaUCTCN. �•�*� T API- ;L -x -Sa 2 �4 • In45 � 9 Nq.S ASe� I PSIG AE GNS u...ECnn,AE oslLL oeixaNru "a IS [ x T ALL ITEIS A LEWID MPEAR N ER—C. OF NORTH RICHLAND HILLS CONTACT NWRE RS gg CITY I REVI310N5 W I L i PAGE T I t e x s ..I MIO$TREAM YEN.{ i al'. SGR120 SMlfllYf£L7 XOAl+ SE A; TE.G4 9CAIE ow+I oA w� c. ME. r - I RHk -LBf=L ] S i 640 630 620 610 600 590 580 570 960 550 540 530 EXHIBIT "All t e x a s CHEROKEE TRAIL, West of Davis Boulevard (FM 1938) TARRANT CO(.'.-V'TY, TEXAS MIDSTREAM STEPHEN RICHARDSON SURVEY, A-1266 rMIUMFE TRAIL TEXAS ONE CALL sysrrEm —T I OF . W�j a TX TARR LBPL- 00G. - -- CITY CITY OF NORTH RICHI_AND = — - - HILLS (CHMKEE TRAIL) WEII REDUCED 1.f I LINE ", J � NOR CITY OF RICHLAND 61,81 HILL Z F 1. T. U LEGEND IK- ED PIi Ux VI P - -- - -------- 4+ 'Ek—w EA V E FIR01"OSEO 12" STEEL -- NATURAL GAS PIPELINE TO u-- UEM� I E PI} 12 � ELU— TRkS T�' 67�4 fLECTRrc E-- LON 9712'07 PO� POE ro 2Z Z_" CAMP FIRE U5A FIR T r DfE GF ' — ` E— TEXAS COUNCIL —T E. 7— PIAN C 1-1 U. I T 1, I . I EUEAT � &- z 650 i �W- 650 �... 640 630 620 610 600 590 580 570 960 550 540 530 640 520 610 600 590 580 570 L550 540 530 66+00 36+50 67+00 67+50 68+00 68+50 69+00 PROFILE LIWE f-- -1 — m- . jLsEN. M D-- CITY OF NORTH RICH D HILLS CONTACT NUMBERS REVISIONS D � T D. "T INITYMAP_ N-T..S 11A 31CO-ZD I^:1 II I rWYMM 3� 38 NOTES LXATQM�9 GEIV TED MM MEA JS UAF5 MD o O 0, NG U n " E E O M U- 1�9 PIE. i-6 L5 -0 'r . ' ' Pa TP L .. .—AL UDDL t e x a s MIDSTREAM rMIUMFE TRAIL TEXAS ONE CALL sysrrEm —T I OF . W�j a TX TARR LBPL- 00G. 4+ -J TO OFP PI} 12 PftUNE - 4 - 4 - I 1 I T 1, I . I ! �... 640 520 610 600 590 580 570 L550 540 530 66+00 36+50 67+00 67+50 68+00 68+50 69+00 PROFILE LIWE f-- -1 — m- . jLsEN. M D-- CITY OF NORTH RICH D HILLS CONTACT NUMBERS REVISIONS D � T D. "T INITYMAP_ N-T..S 11A 31CO-ZD I^:1 II I rWYMM 3� 38 NOTES LXATQM�9 GEIV TED MM MEA JS UAF5 MD o O 0, NG U n " E E O M U- 1�9 PIE. i-6 L5 -0 'r . ' ' Pa TP L .. .—AL UDDL t e x a s MIDSTREAM rMIUMFE TRAIL TEXAS ONE CALL sysrrEm —T I OF . W�j a TX TARR LBPL- 00G. PROPOSED ALIGNMENT SHEET SET FOR e x s LITTLE BEAR PAD LATERAL MIDSTREAM 12" NATURAL GAS PIPELINE G A S S E R V I C E S CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY TEXAS ,.9 9 - 8 D 38A reatr: w b, k n � 38C Founders Park am ..a t BEGIN u; L a a PROJECT , ° �k ` r "�O- )A 38 f mff.3 w °'a. PROJECT BU y .w Y Northfield 00 Greanv ty 3 c,+~ r E U +y < '"'�''° SHEET IND � ... Saran a .f 313 � i 111 A`' N m � -` a No. SHEET NAME DESCRIPTION Cek Park m c - i, y 38 - 01 TX— TARR— LBPL —CSHT COVER SHEET t. ,�.- o a Y ,anT n r 1, .Startles h. a 02 TX— TARR — LBPL —GNOT GENERAL NOTES Jun n .a 03 TX— TARR — LBPL — ALIGNI ALIGNMENT STA 0 +00 -20 +00 VICINITY MAP NTS 04 TX— TARR — LBPL— ALIGN2 ALIGNMENT STA 20 +00 -44 +00 z MAPSCO GRID NUMBER 37D, 38A, 388, 38F, 38G, 38H, 38M PREPARED FOR 05 TX— TARR— LBPL— ALIGN3 ALIGNMENT STA 44 +00 -68 +00 06 TX— TARR— LBPL— ALIGN4 ALIGNMENT STA 68 +00 -92 +00 ..a 07 TX TARR LBPL ALIGN5 ALIGNMENT STA 92 +00 118 +78 FACILITIES ENGINEER NAME DATE FACILITIES ENGINEER, TEXAS MIDSTREAM GAS SERVICES 08 TX— TARR — LBPL —DETI CROSSING DETAIL SHEET _z _N 09 TX— TARR— LBPL —DET2 CROSSING DETAIL SHEET 0 w 10 TX— TARR — LBPL —DET3 CROSSING DETAIL SHEET H 11 TX— TARR— LBPL —DET4 CROSSING DETAIL SHEET N H PROJECT MANAGER NAME DATE DECEMBER 2 011 PROJECT MANAGER, TEXAS MIDSTREAM GAS SERVICES TX— TARR — LBPL —DET5 CROSSING DETAIL SHEET z z a GENERAL NOTES: CONTRACTOR NOTES: PRODUCT TRANSPORTED: NATURAL GAS LEGEND: 1. ALL EXISTING UTILITY DATA IS PROVIDED FOR INFORMATION ONLY. ALTHOUGH THE DATA IS SHOWN AS ACCURATELY AS - CMP PIPELINE (NON- PHASED PROJECT) POSSIBLE, THE CONTRACTOR IS CAUTIONED THAT THE DEVELOPER AND THE ENGINEER NEITHER ASSUME NOR IMPLY ANY RESPONSIBILITY FOR THE ACCURACY OF THIS DATA. CMP PIPELINE (PHASE 1) 2. THE CONTRACTOR IS TO VERIFY LOCATION AND ELEVATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION. CMP PIPELINE (PHASE 2) 3. ALL CONTRACTORS /SUBCONTRACTORS PERFORMING WORK ON THIS PROJECT SHALL FAMILIARIZE THEMSELVES WITH THE SITE AND TRENCH SAFETY NOTES: --- CMP PIPELINE (PHASE 3) SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EXISTING FACILITIES RESULTING DIRECTLY OR INDIRECTLY FROM THEIR OPERATIONS. SAID EXISTING IMPROVEMENTS SHALL INCLUDE BUT NOT BE LIMITED TO BERMS, DITCHES. FENCES AND PLANTS. ANY - -- -- CMP PIPELINE (PHASE 4) REMOVAL OR DAMAGE 70 EXISTING IMPROVEMENTS SHALL BE REPLACED OR REPAIRED BY THE CONTRACTORS AT THEIR EXPENSE 1. ALL TRENCH EXCAVATION SHALL BE IN ACCORDANCE WITH THE U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY -- ROAD AND SHALL BE APPROVED BY THE OWNER /REP. AND HEALTH ADMINISTRATOR'S STANDARDS. CONTRACTOR IS RESPONSIBLE FOR ALL TRENCH SAFETY. 4. ALL CONSTRUCTION, TESTING AND MATERIALS SHALL MEET OR EXCEED ALL REQUIREMENTS OF THE CITY OF NORTH RICHLAND - - -- CREEK /DITCH HILLS AND TXDOT. - - - -- — — TRACT LINE 5. ALL TESTING SHALL BE DONE BY AN APPROVED LABORATORY AT THE EXPENSE OF THE CONTRACTOR. -- PROPERTY /R.O.W. LINE 6. PRIOR TO CONSTRUCTION, ALL CONTRACTORS SHALL FAMILIARIZE THEMSELVES WITH THE CONTRACT DOCUMENTS AND EROSION CONTROL NOTES: — — — — — PERMANENT EASEMENT SPECIFICATIONS, THE PLANS INCLUDING ALL NOTES, THE CITY OF NORTH RICHLAND HILLS AND TXDOT SPECIFICATIONS AND ANY _ OTHER APPLICABLE STANDARDS OR SPECIFICATIONS RELEVANT TO THE PROPER COMPLETION OF THE WORK SPECIFIED. FAILURE: ON ADEQUATE MEASURES SHALL BE TAKEN TO PREVENT EROSION. IN THE EVENT THAT EROSION OCCURS AS A RESULT OF - - - - - - - - WORKSPACE EASEMENT THE PART OF THE CONTRACTOR. TO FAMILIARIZE HIMSELF WITH ALL STANDARDS OR SPECIFICATIONS PERTAINING TO THIS WORK CONSTRUCTION, THE CONTRACTOR SHALL RESTORE THE ERODED AREA TO ITS ORIGINAL CONDITION PRIOR TO EASEMENT SHALL IN NO WAY RELIEVE THE CONTRACTOR OF RESPONSIBILITY FOR PERFORMING THE WORK IN ACCORDANCE WITH ALL SUCH HYDROMULCHING. APPLICABLE STANDARDS AND SPECIFICATIONS. FIBER OPTIC 7. CONTRACTORS SHALL HAVE IN THEIR POSSESSION, PRIOR TO CONSTRUCTION, ALL NECESSARY PERMITS, LICENSES, BONDS, THE TPOES SITE NOTICE SHALL BE POSTED AT THE SITE BY THE CONTRACTOR IN CONFORMANCE WITH TCEQ -TPDES INSURANCE, ETC. CONTRACTORS SHALL EACH HAVE AT LEAST ONE SET OF APPROVED ENGINEERING PLANS AND SPECIFICATIONS TEXAS GENERAL PERMIT N0. TXR 150000 FOR STORM WATER DISCHARGES FROM CONSTRUCTION SITES LOCATED IN THE UNDERGROUND ELECTRIC STATE OF TEXAS. ON -SITE AT ALL TIMES. OVERHEAD ELECTRIC 8. IN THE EVENT THAT AN ITEM IS NOT COVERED IN THE CITY OWNER AND CONTRACTOR SHALL PROVIDE CERTIFIED STATEMENTS TO GUARANTEE COMPLIANCE WITH TCEQ - TPDES TY OF NORTH RICHLAND HILLS OR TXDOT CONSTRUCTION STANDARDS JENERAL PERMIT NO. TXR 150000 FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES WITH THE STORM FOREIGN GAS LINE AND SPECIFICATIONS AND DETAILS, THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) STANDARD SPECIFICATIONS WATER POLLUTION PREVENTION PLAN. TELEPHONE LINE FOR PUBLIC WORKS CONSTRUCTION SHALL APPLY WITH CONCURRING NOTIFICATION TO THE OWNER /REP AND PROJECT ENGINEER. THE OWNER/REP SHALL HAVE THE FINAL DECISION ON ALL CONSTRUCTION MATERIALS, METHODS AND PROCEDURES. ALL CONSTRUCTION, EROSION CONTROL MEASURES, AND STORM WATER DISCHARGES FROM THE SITE SHALL ADHERE TO STORM SEWER LINE THE TCEQ -TPDES GENERAL PERMIT NO TXR 150000 FOR STORM DISCHARGES FROM COP45TRUCTION ACTIVITIES. 9. CONTRACTORS MUST CONFINE THEIR. ACTIVITIES TO THE WORK AREA. NO ENCROACHMENTS ONTO ANY OTHER AREAS WILL BE SANITARY SEWER LINE ALLOWED. ANY DAMAGE RESULTING THEREFROM SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO REPAIR. THE CONTRACTOR SHALL DISCLOSE TO THE CITY OF NORTH RICHLAND HILLS, ENVIRONMENTAL DEPARTMENT, LOCATIONS OF OFF -SITE BORROW AREA, AND PROVIDE EVIDENCE OF COMPLIANCE WITH ALL APPLICABLE LAWS, ORDINANCES AND - WATER LINE 10. IT WILL BE THE RESPONSIBILITY OF EACH CONTRACTOR. TO PROTECT ALL EXISTING PUBLIC AND PRIVATE UTILITIES THROUGHOUT REGULATIONS, THE CONSTRUCTION OF THIS PROJECT. CONTRACTORS SHALL CONTACT THE APPROPRIATE UTILITY COMPANIES OR LINE LOCATIONS FENCE LINE PRIOR TO COMMENCEMENT OF CONSTRUCTION AND SHALL ASSUME FULL LIABILITY TO THOSE COMPANIES FOR ANY DAMAGES CAUSED THE CONTRACTOR SHALL DISCLOSE TO THE CITY OF NORTH RICHLAND HILLS, ENVIRONMENTAL DEPARTMENT, LOCATIONS RAILROAD TO THEIR, FACILITIES. OF OFF -SITE EQUIPMENT STORAGE AREAS. 11. TRENCHES WHICH LIE OUTSIDE EXISTING OR FUTURE PAVEMENTS SHALL BE BACK- FILLED ABOVE THE TOP OF THE EMBEDMENT SURVEY LINE AND COMPACTED TO 95% PROCTOR DENSITY. SIGN 12. EMBEDMENT SHALL BE AS PER THE CITY OF NORTH RICHLAND HILLS OR TXDOT STANDARDS. POWER POLE 13. TOP OF NATURAL GAS PIPELINE SHALL BE A MINIMUM OF 4' -0" BELOW THE FINISHED GROUND ELEVATION EXCEPT WHERE TX DOT NOTES: G GUY ANCHOR SHOWN OTHERWISE IN THESE PLANS. UNDERNEATH PUBLIC ROADS ON THE PUBLIC RIGHTS -OF -WAY, BELOW- GROUND PARTS OF THE PIPELINE SHALL BE AT LEAST SEVEN FEET (7') BELOW THE LOWEST POINT IN SUCH ROAD PAVEMENT. FIRE HYDRANT 1. IT IS THE CONTRACTOR'S OR INSTALLER'S RESPONSIBILITY TO CALL THE CHESAPEAKE PERMIT AGENT AND TXDOT "�' 14. CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING TRENCH SAFETY REQUIREMENTS IN ACCORDANCE MATH STANDARD CMP INSPECTOR 48 HOURS PRIOR TO STARTING THE INSTALLA71ON- ALL NAMES AND NUMBERS ARE LOCATED IN TXDOT $O SANITARY SEWER MANHOLE TRENCH SAFETY GUIDELINES. SPECS. (D STORM DRAIN MANHOLE ' 15. CONTRACTOR /TEXAS MIDSTREAM GAS SERVICES ALL MONITOR THE DRILLING MUD PRESSURES AND RIG RETURN FLOW FOR ANY 2. IT IS THE APPLICANT'S RESPONSIBILITY TO GO ON -LINE IN THE UIR PROGRAM AND ENTER THE 48 HOUR NOTICE. WATER METER ABNORMAL CONDITION, AND TAKE APPROPRIATE ACTION TO RESTORE NORMAL CONDITIONS. 3. ALL BORES SHALL BE ACCOMPLISHED WITH THE CONVENTIONAL DRY AUGER BORE METHOD UNLESS OTHERWISE ® 76. CONTRACTOR /TMGS EACH BORE/HORIZONTAL DIRECTIONAL DRILL LOCATION, WILL HAVE HARD COPIES OF THE PTY OF NORTH APPROVED BY A TXDOT INSPECTOR OR ENGINEER. GAS METER RICHLAND HILLS STORM DRAIN GRID MAPS WITH THE APPROPRIATE STORM DRAIN SHEETS. ® GAS VALVE 17. CONTRACTOR /TMGS ACTION PLAN. CONTRACTOR /TMGS WILL UTILIZE THE FOLLOWING ACTION PLAN AS A CONTINGENCY FOR � GAS PIPELINE MARKER INADVERTENT RELEASES OF BORING MUD: i. POST ONE OR MORE TRAINED OBSERVERS ALONG THE DRILL PATH AND AT LEAST ONE CONTINUALLY WALKING THE ENVIRONMENTAL NOTES: ® TEST LEAD LENGTH OF THE DRILL PATH DURING ACTUAL DRILLING ACTIVITY TO LOOK FOR ANY SIGNS OF DRILLING MUD EBBING TO THE WATER VALVE GROUND SURFACE. THIS (THESE) PERSON(S) WILL IMMEDIATELY NOTIFY THE CONTRACTOR CREW FOREMAN, DRILLER, AND TMGS I. PLEASE REFER TO ENVIRONMENTAL REPORT FOR INFORMATION ON PROJECT SPECIFIC ENVIRONMENTAL CONSTRAINTS CONSTRUCTION SUPERINTENDENT OF ANY OBSERVED AND /OR SUSPECTED RELEASE OF DRILLING MUD TO THE SURFACE. AND SPECIFICATIONS. GAS LIGHT 0) TMGS CONTACT INFORMATION: MIKE SMITH, CONSTRUCTION SUPERINTENDENT (817) 240 -3885 0_* LIGHT POLE MIKE TUCKER. PROJECT MANAGER (817) 773 -3509 ® WELL b) CONTRACTOR CONTACT INFORMATION ON SITE: (70 BE PRONGED BY SEPARATE DOCUMENT AFTER JOB IS AWARDED) BORE LOCATION <NAME OF CREW FOREMAN> 4IOBILE NO.> CONSTRUCTION NOTES: TREE <NAME OF BACKUP CREW FOREMAN> <MOBILE NO > <NAME L BORE SUPERINTENDENT> E N0.> 1. DATUM BASED ON TEXAS STATE PLANE COORDINATES SYSTEM, NAD 83 NORTH CENTRAL ZONE, NAVD 88, ELEVATIONS MAY BALES WALL B THEM E KEPT ON SITE 50 THAT THEY CAN BE PLACED OUT AROUND THE AREA WHERE MUD IS COMING TO THE MSL, DERIVED FROM CPS OBSERVATION. —�- SURFACE AND CAN BE CONTAINED TAP VALVE iii. VACUUM TRUCKS WILL BE MOVED TO THE MUD RELEASE SITE AND THE CLEAN UP PROCESS WILL BEGIN. 2. EXISTING UTILITIES ARE SHOWN IN APPROXIMATE LOCATIONS GENERATED FROM PREVIOUS MAPS AND SURVEY. i, IN THE EVENT OF AN INADVERTENT RELEASE, ALL STORM DRAIN SYSTEMS ALONG THE BORE PATH WILL BE PROTECTED WITH CONTRACTOR SHALL VERIFY EXACT LOCATION AND ELEVATION OF ALL EXISTING UTILITIES IN AREA OF WORK PRIOR TO MAIN LINE VALVE SILT FENCE AND HAY BALES TO PROTECT AGAINST ANY MUD FROM ENTERING THE DRAINAGE SYSTEM. CONSTRUCTION AND CALL TEXAS ONE CALL SYSTEM AT 1 -800- 245 -4545 AND ALL OTHER UTILITY COMPANIES AT _ �_� - ) PRIOR TO CONSTRUCTION SADDLE BAG WEIGHTS 18. CONTRACTOR/TMGS WILL PROVIDE A TESTING FACILITY 2 WORKING DAYS (48 HOURS) TO CONDUCT TESTING AT NORTH RICHLAND HILLS REQUEST 70 PERFORM ( ANALYSIS OF THE PROPOSED DMIJUNG MUD AT CONTRACTOR /TMGS COST. THE GTY AND TMGS /CHESAPEAKE HAVE AGREED THAT STATION EQUATION DRILLING MUD AT ANY LOCATION MAY BE TESTED PRIOR TO USE IN BORING OPERATIONS OR HORIZONTAL DIRECTIONAL DRILLING 3. TITLE INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES, L.L.C. OPERATIONS. THE SPECFIC ANALYSIS 70 BE CONDUCTED MAY BE ANY AND ALL OF THE FOLLOWING: r i. POINT SOURCE WATER, DISCHARGE ANALYSIS I ) ADDITIONAL /TEMPOP.ARY WOPKSPACE ii. HEAVY METALS iii. BTEX - BENZENE, TOLUENE, ETHYL BENZENE, AND XYLENE L J -- - - - -- iv. TOTAL PETROLEUM HYDROCARBON (TPH) TEST RUN BY METHOD TX -1005 ELECTRIC TRANSMISSION TOWER �. TOTAL TOXIC ORGANICS (TTO) TEST '9. CONTRACTOR /TMGS WILL NOTIFY BOTH THE PROPERTY OWNERS WHO HAVE GRANTED TMGS PIPELINE EASEMENTS AND THOSE WETLANDS PROPERTY OWNERS IN THE IMMEDfATE AREA ONCE GAS PIPELINE CONSTRUCTION WILL BE IMMINENT (WITHIN 10 BUSINESS DAYS) 787E TXU CONTACT NUMBERS - -- .......... .._... - - -- -- - - -- - TXU R.O.W. CURT SHARP 817 - 215-6262 - TXU R.O.W. RON ROARK 817- 215 -6237 IFB GENERAL NOTES TXU DISTRIBUTION SHERRY SMITH 817 - 215 -6588 CITY O F N R ICHLAND HILLS CONTACT NUMBERS / PRIMARY CONTACT - DIR. PLANNING 8 DEV. JOHN PITSTICK 817 - 427 -6307 LITTLE BEAR PAD LATERAL ASST. PUBLIC WORKS DIRECTOR (WATER/SEWER) (ISSUED FOR BID) GREG VAN 817127 -6405 TX DOT CONTACT N UMBER S 7\ - -- - INSPECTOR JO ANN STOUT 817127 -6663 �2 NATURAL GAS PIPELINE TAR D ISTRICT BRENDA RICHARDS 817. 370$589 NORTH TARRANT INSPECTOR STACY CLACK 817- 313 -3873 WATER 8 SANITARY SEWER LOCATES 817127 -6440 CITY OF NORTH RICHLAND HILLS SOUTH TARRANT INSPECTOR JIMMY VAUGHAN 817- 307 -1617 WATER 8 SANITARY SEWER 24 MR NUMBER 817127 -7000 MIDSTREAM TARRANT COUNTY, TEXAS S E v > eaten DATE: 12 -15 -2011 DALLAS DISTRICT TERRY CARTER 214 - 320 -6270 STREET LIGHT MIKE 817127 -6460 S STR G A S E R V I C S " � ms - -- cas SHEET 2 OF 72 DALLAS DISTRICT DAN MCGEE 214- 320 -6270 STREET LIGHT 8 TRAFFIC SIGNAL 24 HR NUMBER 81 712 7 -7 00 0 DWG. FILE. TX - TARR LBPL - GNOT EV. COUNTY TARRANT COUNTY, TEXAS & STATE R6 f TX-TARR-LBPL-001.00 — — yZ Lu CITY OF NORTH RICHLAND HILLS ti c Gd o Z h b b b Fc it Lu a s� s R g A _ m m m + A o � + snz + + + + o n STEPHEN RICHARDSON SURVEY, A -1266 - -" \ -- \ - - 55 / 4C ORAe/0I4E - -- -- MLSONLA TER U 15' WA'1. _ ��� — EASEIAENi _— 50 SD -- SD sU — / _ W: W W 1— W �T _ W W /W W 1� W « W W W w Z ® / / I� m I I W 4571 s� _ PAW 6 +00 RIP +ao L I I HOD PAST — — — — _ _ _ _ _ 12 +00 14+ t o STREAM 2I ep z to I I 9' PAST _ p . — _ _ _ _ _ _ _ _ — _ _ i6 +00 16+00 i c I I 1 W SfA 0+43 0 +59 HOD — .�— _ z I 7 44 I rxAC raw — _ _ _ _ _ _ _ _ _ _ _ _ — — _ '_ _ c �Lc + _ +00 24 +00 26 +00 OF W ORKSP A C E En POINT OF BEGINNING 1 I I / / S i / 1 H N STA. 0+00 I J PROPOSED I X =2360346 -477 -r 1 TOP OF aMIpEtE J 12" PIPELINE Y- 7012565.679 94 40, X 60' On I _ - wm LAT.--32'53'58.20' VALVE srE - I I _ _ _ _ _ _ _ _ .= I LONG9T 13'23.65" _ _ _ _ _ _ _ - - - -- - --/ - -- --- - - -0 1. - - -- - urriswu - •� 6' NRH R u N } / / � 24" TRA SANITARY SEWER LINE E 1 / /// � TX- TARR- LBPL- 002.01 TX- TARR- LEIPL- 002.O2UT HFAO _ TX -TARR- BP -DLTt TX- TARR - LBPL -DETi - - - PMaPOSEp R / / / � f 1 1 1 11 J d� a fi1 941' CLASS LOCATION HYDROSTATIC TEST PRESSURE P.S.LG. 1073 MIN. 1125 MAX. M-A. O.P. P.S_I.G. 715 _ '°° G / Ex _ TREE /S1" ctrAOE 15 B°"°.sE a E -I PROPOSED TREE /sH1TU0 e6D li I PROPOSED LOOW0 660. _. __.._ _ ___. _ _.... _._ 660 a PROPOSED SIDEWALK 60 S y OAK pmt i i — PROPO%D RE -ROU1E 620 ! 020 L 'lee E 12 . T - 1r4.4 GAS 600 1 31 rorAL I 1+00 2+00 310D 4+00 SfOD 6+00 7+00 6 +00 Si00 10+00 11 +00 12 +00 13 +00 14+OD 15+00 16+00 17 +00 16+ 19 +00 20+00 GENERAL INFORMATION :wa SUMMARY OF MATERIALS REFERENCE DRAWINGS REVISION t e X $ 9, W L vEPFY E+ CT IOGMx .W D Etfl'A141 wtlOn� CMEIAUCM,lY1E8/uEAOF WOE( ,ENAEEBr i 11 OA x 0. 37 r.T. API-5L. x52, 12-14 MILS FOE 77 LE AMser4r µ1aA1EHT SHEET (SHUT 2 OF 5) MIDSTREAM ATI ALL fR161 GAS 8 E A V I C E 8 NESAT T:"°"� z tz750 on. x o.37s rr. API -5L, x52. 12-14 ME spE, 16-16 Etas Apo 1941 IF Wn 9HTEIF 12 6' twat WATER LINE (PERMIT DETAIL l) r.e �ouRS EAnA rocowTAUnxx 3 12 OIL x 0.560' 1aT. tw1 -51. M 12 -14 MES PIE. 16-18 MLS APO 0 tF KIT 3M E W 12 24- TRA SMYTARY SEWER UK (PERMIT OETNL 2) LITTLE BEAR PAD LATERAL (ISSUED FOR BID) 700 0 100 700 HORIZ. SCALE W FEET 12 PROPOSED NATURAL GAS PIPELINE 50 100 CITY OF NORTH RICHLAND HILLS VERT SCALE W FEET 1800.2454545 TARRANT COUNTY, TEXAS WrIW.1E1WOlEGIE.Gd1 TEXAS ONE CALL SYSTEM DATE: 12 -15 -2011 1 z/z1 // NO FTt51ax5 06 9th 3 OF 12 OD9 L As alEr1 6 2/15/1 1ssuEn FOR m DIM lU SHEET Ma OESCRIPIM OTT' On. M0. DESCpPTwH NO. DATE DESa1PT1at BY DWG. FILE. TX - TARR LBPL - AUGN1 1 COUNTY TARRANT COUNTY, TEXAS 8 STATE = d - - - - - - - - - — - -- — — - - -- Tn w CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHVWD HILLS CITY OF NORTH RICHUWD HILLS ( R /W PER�DEED� NO TREES TO BE REMOVED FROM THIS PROPERTY W 7 � �.' jy _._ —__. ___ 0 0 a � � � � �� �� � � � e���� �� # ins" � > s s� �' 6 r 8 R X3va 3 F8 S gjS_Rp ;1678 g° 9ST g =_ + s ii I J 11.E ms's, got n alaul 11 �\ i ` IATK _ � � tm � - -----� \ __ -_ - - - - 20' UI1LI \ \ �/� f ; HEN RICHAR _ SURYEP, A -1266 TEMPORARY 1 I � �m '• _ - �� `� ACCESS 0I was `\ , . I �, / Ln* ,.• EAS K i� / � / / R/W ��� '� / \\�'�\� I \\ \\ �- �.�� __- E � "-cam.. £ .�� � � Lm E �/� / >s� `\` / `n to \ \� \ F f 9 \ �� 0* 3 ,_{oho -� _ . TEMPORARY STREAM 4 ��� ^ �` Ohf \ Lm " r ;p � - w: i i 1 WORKSPACE / ffi ,.,_ `�__. �,�` sc - �_ -_� w S TRA MH ,21608 DO NOT REMOVE ANY '� w " / w \ ` 1 TREES IN THIS AREA ------ -- -- -- Lo. UHf �s _ __ i m m � 11 _— STREAM 3 � �._ --�... ��� \ � � .. .. � \\ , i j 1�1 10" NRH SANITARY SEWER LINE ;,, o I ���� PROPOSED \�` ^ffi� `� f �_ _ ��\ = i I it TX- TARR - LBPL- 002.03UT 12" PIPELINE 39 +00 �T'� �' STREAM 4� �rf `,E TX -TARR- - ' \ 36 +00 = _� -4 > / / s� EAM 2 1 ; 28 +00 ° 30+00 / // 32 +00 34 +00 — - - -_ — -- — = _ �`���� . ,z J �.f w, ` • \ F x 'l= �� 1 24 +00 26 +00. — -- — -' �; -- !; A 39 +82 ` � .Q `� �`�\ W W 1 ��� —= / STA 31 +96 ���� -- 15' DRAINAGE HOD EX STA 40 +07 \ \\ T _ �" p _ HDD TIE -1 EASEMENT _ ! 2 +� 18 +00 — — — -�-� // STA 32 +18 i� - - - I _ �___' TI IN \ \ + `y. U_' — -- — i --- _' 1 j c j HDO ENTRY �i� ss _ ss —_ Y' \ \\ \ \\ �� — -- �� + I 1 3 i _ _ _- ,(yRll� ��\ \\ \\ �� #6 +00 /��1 r , ICI r *q \, / / �i� / s5 �- Fa 1 cLEla} "� 7 ��`\\` \ \\ \ \\ �� l� \ 48+ i�� i� D 1 j 16" NRH WATER LINE 11 I ° / �� / 706 �s \\ \\ 3 'C \... r 1'(1 TX- TARR-LBPL- 002.04UT 1 l i� 1 11 n (l: "� 15' DRAINAGE \ \\ i5`'i I1 SMITHFIELD ROAD 1 \ �� / / 6 EASEMENT - 11z ss \\ \\ �. ? 1 TX - TARR - LBPL 003.00R 11,, I t. TEMPORARY /ti/ _�'-- 6 7 I 6 ' //' / \\ \\ '_ i Y1 1 TX- TARR -LBP - i 1} 1 ! / ' C �� \ \ - II 1 WORKSPACE / 6 / \ \ i / I I DO NOT REMOVE ANY /! V \ \ .i 1'1 / - - - 131 TREES IN TNIS AREA / / 3O \ / i ��� � �20' SANITARY 1 �- 5 \ �� SEWER {A I 1 SANITARY / ' 9 _ -__ �.�- _____. -� \ / �i SEWER ® ' -. EASEMENT i� 15' UTILITY EASEMENT / 9 5 IEASEMENr 1 & DRAINAGE / / �- 4 ' 9 6 ' W RKSPACE �' 1j 10' UTILITY EASEMENT /� _ ' t0 , DO NOT REMOVE ANY \ EASEMENT 1 I _ / = 4 14 TREES IN TNIS AREA y� 1 1 15' DRAINAGE r / 1 1 1 EASEMENT� I! / t 6 13 3 10 \ `� \\ S t 3 1 / ' __ gLOTX' S 1 1 tl �- ,1 { I{ I I /� 3 ' `1 7 6 t 1 i 20' UTILITY 1 1 sLocK , - n 7 h DRAINAGE i t 2 ' 2 t 11 EASEMENT 1 1 3 t2 1 + O O O da CL G 1196' all' 393' CLASS LOCATION HYDROSTATIC TEST PRESSURE P.S.I.G. 1073 MIN. 1125 MAX. M.A.O.P. P.S.LG. 715 G s11N6 TREE /sI66Ie i >? ° - 6AO _ ' �pTiDppgp TREE /s+1RDe _ _.,.- _ fl. __ -_-'— _r -- -_ ...__.— . -_. - -- -- -- � ... .. R __.} _. __.. y...__._..... -. -.L. .._.._ - -- _ - - - -_ _ -._ __. - -- - -- .....__.._.._ - -- - - -_.... - - - -- ___._ 6/D .. 3 _- o f . -.. 1 _. :-. J 640 _r I .._ I I i LL Q PROPOSED L/CHTMG _ ---- -+ _.. __. _ -_ - - _. - _... _ _ _. $ - .. _ -_ -.+ - -_. 640 } # 1 s _. a _ __.__. _...- .._._t .... -. __ 1 7 3 !N # ! QRIE OITA p sF'ROPOSED SIOEI/N.R 620 .. . - -- -- �- _ `� - - -- - - - -- - -- ..__ -'- - L 2W.4 ...__ -_ 1 � ._. _ .._.._. .._- - --. ._ - - �- - -�95' - -� ___ �� - ..... _ 620 — PROPOSED RE -ROUTE 600 __ ___} - ____ _._ ___ -{_- _ _�_ ____ _._ __. ___.._ -__ -_. _ T 75 -__ 600 4 # 3 ! I 3 I S1 � � � 7 .__ 560 3 _ _ .... .. _. i i I _.__ _ . ._.._ .__.__ i _. -__ _. 3 3 1 1218' (3164' OTM + ! -. }_. _ __ ...�_ .. ' I 1NY ]b61 AI. -. -__ 510 __ _ 21+00 22 +00 23+00 24+00 25+00 26 +00 27 +00 25 +00 29+00 30+00 31+90 32+00 33+00 34+00 35+00 36+00 37+00 35+00 39+00 40+00 41+00 42+00 41100 GE INFORMATION �"�'.,"� SUMMARY OF MATERIALS REFERENCE DRAWINGS REVISION t e X S .MROYMIE LCGTKI160EIEMIEO iWY �OGTICw AIO ELEVATKW ___ TWOUINnESWA1IEAOF WCPo( rwa iome,wcTnnArncAU TEUSOr< I 1 12750 oA. X 0375' w.T.. AR 5L X -52. 12 -14 WS PBE 617 LF AIOn 9@7761 Kl(7AIFlET 511EEr (SIEEr t OF s) MIDSTREAM CYLSVeTEU.l taoS3.E46.6AAp ALL OTwES O A S 9 E R V I C E 4 WT "` rowTruTwucllon. 2 12750' O.D. X 0.375" WT.. AR 5L X -52. 12 -14 MILS FOE N/ 1{_16 ILLS ARO 1569 LF 4W TI T561 ALXiRENT BEET (SHEET 3 OF 5) 3 12.750 OD. X 0500 N.T.. AR 5L X -52, 12 -14 MILS FOE N/ 14-16 MKS ARO 0 Lr an 9EE161i 12 /0' NI61 SANITARY SEVAM LINE (PERWT DETAIL 3) LITTLE BEAR PAD LATERAL (ISSUED FOR 810) DER 9$i f 6 t2 SM17F6'ELD ROAD (PERI6T pETAIL 4) tOp O 100 200 H0T62. SCALE ITT FEET 12" PROPOS kO A GAS SIPELINE 50_ _ _ 0 .. 0 VERT SCALE m FEET 1 800 - 245 - 4546 TARRANT COUNTY, TEXAS WNW. TEIIASCNECALL.C- t 2/21/7 SO WR=5 OI S7EET 009 009 nsm TEXAS ONE CALL SYSTEM DATE' 12 - - 2011 0 2/15/1 611ED TOR ® OOB 009 sow y � o SKEET 4 OF 12 .... .. ". ............. ....,.. .... .... ...,' ,- "«......�, .... PRQ1. ETEO. ., W.n �I, r :v T..,n nn. .. it .�� , COUNTY TARRANT COUNTY, TEXAS & STATE _ CL :d - - - - - - - - - - - - 1n Z W CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CAMP FIRE USA FIRST TEXAS COUNCIL CITY OF NORTH RICHLAND HILLS Z NO TREES TO BE REMOVED FROM THIS PROPERTY NO TREES TO BE REMOVED FROM THIS PROPERTY CHEROKEE TRAIL 3 tl NO TREES TO BE REMOVED 7 _-- ._. —.__- FROM THIS PR P R!Y U) b !7 d IN c�i a d l ai 7i M s Il x �� `g ` \ STEPHE ICHARDS RVEY. A -1 6 _L _2 SAN ARY 15 SANITARY \ SEWER EASEMENT / 10' SANITARY 7 SEWER EASEMENT i "&' TEXAS POW ON E ONE OHE \\ss - -- -... AND LIGHT EASEMENT \ ` OHE 0 - E -- orlE - ----rl ONE -."_- -___ OHE -- -- OHE -- -ow TRAM /2100 _ - � - -� ® � - -____- \ 'AT E -_. -._ -"- _ - - - - - - - - - - - - - - - STREAMI 61 � 0HE - _. --- oHE � _ �. � - - -s~r. ___ - __ ._Z _ J 51 -I - - \ 011E Q I 55- - - STREAM 5 - \ STRVA �� `_ „ i ce I I 20' DRAINAGE _ '�^t - - - oHE I J� EASEMENT N' I - - _ - _ _ _ _\ \ oHE 4 oHe� - _ J o w 1 421# 00 +00 n 48 +00 Y w , I 1 52 +00 56 0 Sfli�QD� _ _ _ _ E 64+O� a ° Z - - - -�-- — — —�- -- — -- +-- - - - - -I —I - -- -- \- - -- — - -- _ _ SED F i \ \... - - - 1 I j 40' DRAI EASEMEN /� I I I 12 -. L r T 2" NRH SANITARY SEW I�I 6 X 1: i -- O 2 TX- TAR R- LBPL- 004.02UT I I E - ` ~ � STREAM 9 - - - I - - - EASEM /- STA. 67 +84 STREAA 4 �- � HORIZ. P.O.T. H / -�_�_ �� ` ®�` STREAM 4 .._....__._- _. —._- rl / !% _ sS _ SANITARY - - - ONCOR TRANMISSION LINE TX- TARR -LBPL --00 02UT I � � I •. � , � j TX- ARRR L.B� 005.03UT _T _ - \ / OUTFALL •. i � � �- • � STREAM ' STREAM B SEPTIC \ \ J TANK �� r \ %i J_ 8 O as a w 2400 O CLASS LOCATION HYDROSTATIC TEST PRESSURE P.S.I.G. 1073 MIN- 1125 MAX. M.A..O.P. P.S.I.G. 715 5 � G IDWNG TPEE/SFNIIB s 7 I _ 7 W PRIDP06ED TREE/9fN8 0 J t U. >'� PRWOSED UCHTW 630 __...._ _ }.... _ .... . Q. ZZ SIDIDALX 610 _ -.. _. -- _ _ - -._ _. _ ....__. T _.._ +. FTiOPOSED RE -ROUTE 560 43' 5W i movulm i r� tz..r � 570 57 TAL _ -.._ (1 45+00 46+OD 47+00 46+00 49+00 50+00 51+00 52+00 53+00 54+00 55+00 56+00 57+00 58+00 58+00 60+00 61+00 62+00 63+00 64+00 66+00 66+00 67+00 GEN INF ORMATION SUMMARY OF MATERIALS REFERENCE DRAWINGS REVISION t e X S nlnumnmElut ®nlar awu V E11�' EI4R LOMl10M MD UEVATIN OFAU EN411q ululcsNANIAOrrroAA - Ewwlmcwnwcrcllwou++tExASC14 I 1 12750 OD. X 0.375" WT.. AN SI. X -52. 12 -14 MILS FBE 0 (F MWSI 4(F MA7MIENT SHEET (SHEET 2 OF 5) MI DSTREAM GILMIB1AT 14WKMMAIU ILL OItB1 O A S S E A V IC E 9 VRT'CO�NBATIFA4TSAMOg 2 1275W OD. X 0.375 W.T. AM 5L X -5Z 12 -14 YES FOE 16/ 14-16 MIS ARO 2400 EF mm WT 6 I ALIMMENT SHEET (SHEET 4 OF 5) WMdF1YF111011IOMIf1AUC11011 3 12.750 OD. X 0 -500' WT.. AP1 5L X -5Z 12 -14 W1-S FEIE 0/ 14-16 MLS ARO O iF 6ET2 96076 6 n 1Y' WIN SANITARY SEVER (PE1M9T OCTAL 5) LITTLE BEAR PAD LATERAL (ISSUED FOR BID) RA NU N E TRAM MISSION OHCOR TRA ISy0N LINE (PERWT DETAIL 6) 100 0 100 2M - - - - - HO7o2 SCALE N fEE W0301 WE 12 24 TRA SANITARY SEVER (PERIAT DETAIL 7) 12" PROPOSED NATURAL GAS PIPELINE 50 o w 1OD 07797318 ER CHEROKEE TRAIL (PERWT OCTAL 5) CITY OF NORTH RICHLAND HILLS VERT. SCALE N FEET 14MG- 245-4546 IDPL 005.010 0H/COR (PERWT) TARRANT COUNTY, TEXAS TEXAS ONE SYSTEM DATES 12 -15 -2011 t 2/21/1 REVISED PER cm' oa/ea5 pm on As 1 o 2/15/1 SRO FOR BD 6aa 009 "" SHEET 5 OF 12 Pam I I PROS COUNTY TARRANT COUNTY, TEXAS & STATE TX _ _ _ _ _ _ _ _ _ (TX-TARR-Ll3PL-01 _ q _ _ K Z CITY OF NORTH RICHLAND HILLS w CHEROKEE TRAIL CITY OF NORTH RICHLAND HILLS TXDOT - DAVIS BLVD ONCOR ELECTRIC JOHN W. BARFIELD, TRUSTEE - JOHNNY J ,ILU LAND, et al CITY OF NORTH RICHLAND HILLS Z NO TREES TO BE REMOVED NO TREES TO BE REMOVED 1 4 FM 1938 DELIVERY COMPANY, LLC 4 8 H k L JOINT VENTURE 4 NO TREES TO BE REMOVED 3 e6 FROM THIS PROPERTY FROM THIS PROPERTY FROM THIS PROPERLY w J w z M4 Ir o ���I A sa t ao 0 z W � ���ig;i � ii $�n� <"' ffi ����., � � �� x � � W � W§W N g Ww a � oon � W I fi �$ - I6 &a xR __�1CNg _ _'fr« RR - 8� __ a F >; - I8 *Ca_ - -A ge $ 8 - = -- = - a PROPOSED NRH / < \ <' STEPHEN RICH 6/ ARDSON SURVEY. A -126 \ \ BIKE TRAIL EwtNr �` \ \ 50' X 425' TEMP. WORKSPACE ACCESS of \ DO EXIT No 29' PAST STAL 88+ 11 HOD TIE-IN \ - mcma ' 15 . / ' 8" NRH�WATER � \ . \ 4 INy ' \ \ �i \ C• / �,.. S EWR S � IT ARY l I • TX- TARR - L -008. T >/ �L ` O j jl�� �� - uE. - \ ¢Q!� 8' NR ITARY SEWER \ 'VEN E DAVIS -L -D 1. \ Y - _ - NCOR TRANSMISSION L s57•'a °1� / / TEMP. 4 &R 0 ' i \0. 84 +�_ TX- TARR - LBPL- 011.02 / 4 \ 4 rz - 8 — I TX- TARR -LB l-OOS.00 16' NRH WATER LINE S • i -t �; Z �° CHEROKEE TRAIL II • v/ Z PI NE \ar B� TX- TARR - LBPL -O W \ / TX- TARR -LBP - i TX- TARR -LBP 009.01 UT \ \ 82+ �,,, . . 9A11: • y � TX- TARR -LB - 4 \ -_ -- _ / ,... TX-TAR -LB T4 \` / •. • mo t' tf i„� • •• ' NO DEDICATED AITR- LBPL -DET3 _ Z � - � _ + � \ . � .• p)• '�' �,f • �' �� qv STREAM 4 EASEMENT FOUN N _ _ _ / •'/,"�• ' t ' ' • • y • • _ _ FOR ONR CO IN '•"S••� ~..• f i '� t Y• •� f •f • t n -- ems - E - THIS AREA " L• \ - ..• .. STA. 70 +44 I • l 74+00 -..� .. _7 � `N f • •• • M j • • r i' OHE - .--'._t. lk 7L i HORI 01* Z. P.O.C. 7 �- '~ ' ONE -Om OHE ONE N F _ SM1E A OHE - p9 OHE O E OHE - — OHE i - Z Q� �F 01 E N OHE ._ � E - E - __. OHE OK ONE OHE / T_PROPOSED NRH _ - - \ ' Q OHE — - BFIE - - -._ E -__' E .. - OH ST 78 + BIKE T 63 \\ TURE}. - RAIL - �� - - - - - - SANITARY SEWE H R ��p O Q`@' ONE RE ' 44' OHE y1,,s OHE - OHE _.... H ENT$.Y _. - - - - - - - -WRIT 51 RM DRAIN � � NRH STORM DRAIN •Td>�,. OHE w - - - - - - - - - - STA. 78 +31 50 X • pt i oNE - - -_ ".fir �"" _ - - - - - -- - HOD TIE -IN TEMP. ` � enr —"'•� A= OT27 -r-_ - - - - � �► _ - - -' - _ SPACE _ - s WORK \ . -- - = z( �; - L_ m�px STREAM I1 \\ .'/ -� - - - - - - -- - - -- - -- �i1 T= 130.5' / - - -- - ! s tL•� \\ / • / 5 \ • W STREAM _ "'► - `- ' /...% CHANNEL ( x F x SS Ss �' ' ..``` S S EASEMENT " ss / s r ss Ss Si �� i / ALL - - - _ �...�'" _ \_ s 3-- i�o • 0 7 -CHAN.E as / EASEMENT i • s + O O p Lu z a C 1031' 1030' 33W CLASS LOCATION HYDROSTATIC TEST PRESSURE P.S.I.G. _ 1073 MIN. 1125 MAX. M.A -O.P. P.S.I.G. 715 EXISTING TREE /SHRUB SX'm^- '� G.r- PROPOSED Tpi_E /SHMJe .__.'__ _._ +... ._....._ -''_— ?�C ...�......... _ _._. }. .. -_._ _ij-.. — -_ I_.. l_ ... -_.__ ___... -1- ..._.._.._ _ na ¢ _ _. __.. 650 \Y I t � W F _. +• ' EXISTNG .. SMN _ S ti IL PROPOSED LK:IITV:G 630 ._._____ __ —___ `__ _ _ _____._ 630 Q. "_ PROPOSED SOF.WALK 610 610 � 1 _.__. .... -.._. ... _..._...__ _... .- ..... -_ _. ____ }J _ TOP PIPE T iUTUREp05Ep t ' ruiuRAT - -- I 4Y 8E A PwELnE - TOP OF PR�P05E0 PWEUYE AT SUW 8 .. _ 15' —PROPOSED Rc - POVTE 590 Qw1E OM _ __._.. __ _.__ TORM CR05591G AIU BE T CURVE 9�1 42 590 - - F1EVA ON 620 - 0' OR DEEPER 570 570 105 368• (7096 '.:TOT 59 +00 70+00 71+00 72+00 73+OD 74+00 75 +O1) 76+00 77+00 76+00 79+00 80+00 61+00 52+00 63+00 54 +00 65+00 65+00 87+01) 88+00 IIaiW 90+00 91 +00 __.. _. GENERAL INFORMATI mfr.° SUMMARY OF MATERIALS REFERENCE DRAWINGS REVISION t @ X d; S SHE X -52. 12 -14 MILS FOE 750" O.D X 0375' W. API / 72.. SL Iwo LF AM9HT AL"11MENT ET ( SHEE T 3 OF 5) MIDSTREAM V IN - —R i0 CMa4ini,Cnw� ' 2 12.750' OO. X 0.375 W T.. API SL x -52. 12 -14 MILS F'� W/ 14-16 MKS ARO 1370 11 4013111 SET 7 61 AL061ENT SHEET (SHEET 5 OF 5) 3 12.750 OD. X 0500' W.T., API 5L X -52. 12-14 MILS FBE W/ 14 -16 MKS ARO O Is "SIRT 60 R CIERDBEE TRAIL (PERMIT DETAIL 8) LITTLE BEAR PAD LATERAL (ISSUED FOR BID) wR 9HT n 9 D r MM OVER LIE (PONT DETAIL 9) 7 — RT4 SM D W 0 11013115 9LI M/TY ISM 00111T DETAIL 9) - HORIZ SCALE 91 FEET m. 9A3F n or a I6 m EATER uE "m oETIIL s7 12" PROPOSE N NA TU R AL GAS LAND HILLS IPELINE 1 50 1 _ _0 _ s1) 10 0 0 — _ 1ERT SCALE M FEET 1- 800 - 245.4545 -- U04 NP R IF 77 0110Ut IRMgAz 011 LIVE raw DETAIL 10) TARRANT COUNTY, TEXAS wrrw.7FJAlGNfGLL.CGM ER 9H1 11 0 R 8' M7H SAMTART SEVER 0"m RTAI 10) i 2/21/1 RE16ED PER CRY C016IL705 WSJ Dos 1 nam TEXAS ONE CALL SYSTEM DATE 12 -15 -2011 _ AWs B - As sow snap D 2/15/1 ISSUED FOR ® DDS OW " ° SHEET 6 OF 12 .... ..�.,........... ..... ....... ..._....... --- .... ...,' ..........+.,.., .,.. _ PROJ. I ENC, I n..,r r•. r ry r. nn , nn, .. ,n.,. COUNTY TARRANT COUNTY, TEXAS & STATE FE d - - - - - - - - - - - - ln z Z CITY Of NORTH RICHLAND HILLS X STEPHEN K MORROW, et 01 CITY OF NORTH RICHLAND HILLS THE THOMAS C. STEVENS TESTAMENTARY TRUST, NO TREES TO BE REMOVED FROM THIS PROPERTY NO TREES TO BE REMOVED LUCILLE STEVENS. TRUSTEE 7 FROM THIS PROPERTY F O W • t �� �o � � p � �R F U) LE 4 rs 'Re a $ 8 N � TV c� s < STEPHEN RICHAROSON SURVEY. A -1266 /\ �\ \ \ \\ I � \ - - / `Q• \\ \; /� �- \ ` ( 1 / /�i \ \ ��� WELL HEADS +�\ 22.90 I _ \\ POI OF TERMINATION \\ lie _ 00 i I / \ 118 +78 a j NO DEDICATED ( I / \ X= 2370145.398 STREAM g4 +� �� -_� T" ;. y / \ EASEMENT FOUND I I // 65' ,( \ Y =7 118.844 -c•f • •1 > _ R R IN '" ••• •� . / .,ONE _ - THIS AREA T P \ LONG. = LAT. 971 9.22 . ! • .. �i • • . •' / _ �. WORKS �Er• t j \ • •� �w • / _ - _ ONE q Ayf / STREAM 12 I I , ,yd ,�5. \$ \ tI i e ••• •� �,• E TEMPORARY \ / A , M r .:_ v; �, • t � � / �� % f � / 1 I F ��� 207 _ \�' / �'YS}; WORKSPACE •• / p1E �- STA. 93 +00 , 5�\ 42 HORIZ. P.O.C. °He I m / \ PROPOSED _ � 3'^ 12' PIPELINE OHE -� OpIL A= 04'00'00 \, p * - I I / _� R= 1200' Ste" L= 83.78' "�, a+f � `� I I / STA 110+96 Z ' _ // /+ A\• \\ \ T= 41.90' \ °j+f ..` / \ I I // STA. 110 +70 i \9\47 12" IPELINTEE �..._ �. DNa � \ 11 // HDD PE -IN - - - / STREAM 4 \ \ / 1 ss / / / ss - - TR MH /LINK. / TRA MH >f 20408 / / STA 93 +84 • \ X47 - - 5 ct _ - - - S / 5�` HORIZ. P.O.T. • \ POND 1 =t, LTX-TARR-LBPL-001 2-00) s 30' TRA SANITARY SEWER •• • N \ ,� // Ar. ,,,•'s. , y��.� \f `' 5 /' /TX - TARR -LBPL- 012.01 UT • `( Q' y ' ` TX- TARR -L P 5 : \ % // *� �, STA 105 +25 30 TRA SANITARY SEWER / / x. - _ `� • ` l\ STA 104 +96 TX- TARR -LBP 01DETSU 01* • EOUA710N: 15 • \ / TEXAS POWER k LIGHT HOD ENTRY TX-PARK-1 104 +34 AH /// +\ \� + • �/... WORKSPACE ��� f �\ ow SU)./99 +05 122 NOTE: CLEAR ONLY THAT H ' / \ M TIE-[ WHICH 18 ABSOLUTELY � �� 4` 34 NECESSARY FOR RIO \ \ \ o HOD ENTRY 24' OPERATION AND TURN AROUND. \`� - qp \\ D• O O + O + O Ws d G 705' % 91 345 boa a CLASS LOCATION HYDROSTARC TEST PRESSURE P.S.I.G. 1073 MIN. 1125 MAX. M.A.O.P. P.S.I.G. 715 ®EXISIVIC TREE/SHRAI Is Is $�� Q 3 PROPOSED TREE/SWUS 650 _.. F -- -- - -...- - - - -- • - -__.._ _ -.. __.. - - -- .- ...-_.__ ...._..... U. # PRWOSM LWWW ° 0: i PROP06FD SNIEYNT41c .__... -... -- -. _.._.._....__ ._ -. -__- , y 610 _.__ - _ 610 � 15' upw � OIL 3 .. am 10' NRYE D1TA OAS � PROPOSED RE -ROUTE 590 PI/lll _ 12 � � l �D - 590 570 00" -2573' L - 30.4' L 304' 7W (IO N' TQTAL Am- 93+00 94+00 95+00 96+00 97+00 95+00 99 +00 105 +00 106+00 107+00 106+00 109+00 110+00 111+00 112+00 113+00 114+00 115+00 116+00 177+00 176+00 GEN INF •°^°° ^°� ' �^ SUMMARY OF MATERIALS REFERENCE DRAWINGS REVISION t e X S ••naw. uAPSAM BiNVEV. COMNACTM B1MLL vE•EV ENAC! LOGTq" AM ELFVATgH ALL URR — MEAOE =;3 TEa-1 T �T L USOxE 1 12. 750' O.D. x O J7S W.T. AN SL X -52. 12 -I4 IIN.S FEE 699 if AM SIHT4? ALq•IENT SLEET (60777 ♦ a s) MIDSTREAM µLOTEM CAS 9 E R Vi C E 3 w sl 1 � rom �n 2 12750' OD. X 0375 WT.. AFI 5L X -57 12 -14 ULS FBE W/ 14-16 IRS ARO 1250 !F EA 9Hi li b 0 30' IRA SANTARY SEWER 0PER9T DETAIL 11) 3 12.750" O.D. X 0 507 WT. API A X -52. 12-14 MILS FOE W/ 14-06 W-5 ARO O LF KB MT111 a n 37 TRA SANITARY SEER (POINT DETAIL 12) LITTLE BEAR PAD LATERAL (ISSUED FOR BID) RR9HTIZ60 TEXAS POWER A UGM (PERMIT DETAIL 12) tOp O 100 700 UWL- M3.02U ORCOR (POMM Hmb2. SCALE N FEET 12" PROPOSED NATURAL AND HI SIPELINE D oo TARRANT COUNTY, TEXAS 0 vERr. SCALE N FEET 1 -800- 245 -4545 NwW.TElU3011EtALL.cW i 2/21/1 14 IILNSia6 ON 9777 0051 999 I NAM TEXAS ONE CALL SYSTEM DATE: 12 -15 -2011 0 ihs✓1 ISSUED FOR W 009 0® "' SHEET 7 OF 12 .. I ". I •- PRA �, r. ,� , "I Al 1�•I� DETAIL 1 N DETAIL 2 , DETAIL 3 6` NRH WATER LINE 24' TRA SANITARY SEWER LINE 10" NRH SANITARY SEWER LINE Tx- TARR - LBPL - 002.01 UT TX- TARR - LBPL- 002.02UT TX- TARR - LBPL- 002.03UT TX- TARR - LBPL- ALJGNI TX- TARR - LBPL- ALICNI TX- TARR - LBPL -AUGN2 INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL STEPHEN RICHARDSON SURVEY, A -1266 IRA -24 RCP -L9C STEPHEN RICHARDSON SURVEY, A -1266 A + STEPHEN RICHARDSON SURVEY, A -1266 STA 19+36 UT: 32'5357.21' LON: BT13'01.53' / N: 7012466.222 1 l 1 E: 2362233.360 S / r4 oz +� I / / a p61 0 910 1 pj 3 +00 1 1 4 +00 0 19 +00 / / �, / / o �' I 23 +00 _ — — 15 , 1 — — 1 tM PROPOSED 12" NATUML IN GAS PIPELINE t �+ I+. PROPOSED 12' NATURAL 1 1 PROPOSED 12' NATURAL.3yZ � ( GAS P PEL NE 1 W ( GAS RPEUNE * "'FFFFFT r _ STA. Z2 +63 CRY OF NORM RICF6AI4D HILLS /t _ _ _ 1 z ION: 9T5 257948 /� I I Ip N: 7012462.901 CRY OF NORM RICHLAND HILLS CITY OF NORM RICHLAND HILLS lAE 3753'56.54' 1 Il e yA I E: 2362579.259 ION: 9773'19.99• ( 1 /N s N: 7012603.536 PI I E 56 23606 259 1 D z n NOTE: NOTE. > i JUSTIFICATION OF CROSSING ANGLE IS DUE TO THE NEED TO JUSTIFICATION OF CROSSING ANGLE IS DUE TO THE NEED TO AVOID REMOVING TREES (DRILL FROM CLEARING TO CLEARING) AVOID REMOVING TREES (DRILL FROM CLEARING TO CLEARING) = A t° 10 ® 0 10 20 1 0 0 10 20 GRAPHIC SCALE IN FEET GRAPHIC SCALE IN FEET GRAPHIC SCALE IN FEET PLAN PLAN PLAN c sW > > z ° F E)DSTII/G GRADE + Z F + F F m F 660 t) 660 655 GRADE 655 655 9i FUSING GRADE 655 655 655 650 - - -- 650 650 650 650 650 645 645 645 645 645 645 640 ± 640 640 j 640 640 640 635 635 635 635 635 635 630 630 630 1 630 630 630 625 625 625 625 625 625 620 i 620 620 § 620 620 620 615 615 615 615 515 615 610 r 610 610 610 610 610 605 PROPOSED 12 605 605 PROPOSED 12• NATURAL 605 605 PRDao9ED fit' NAtuaAL - 605 600 -- - - - -- c PIKIRIF __ -- -. _ - -- 600 600 - -- �- - - ____ -_ - - 600 600 -- - -- - 600 595 595 595 595 3 +00 3+ 50 4 +00 19 +00 19 +50 22 +50 23 +00 PROFILE PROFILE PROFILE GENERAL INFORMATION REVISION CROSSING DETAIL SHEET I PLEASE REFER TO BAR SCALE ' F B -- I-A z. rws SHEET Is INTENDED T _. PuInTEO OUT zz ;< 34 °. a� (ISSUED FOR BID) e x s LITTLE BEAR PAD LATERAL ® 12" PROPOSED NATURAL GAS PIPELINE DATE: 12 - 15 - 2011 MIDSTREAM CITY OF NORTH RICHLAND HILLS 1- 800.245 -4545 TARRANT COUNTY, TEXAS w E salEC.«cw i 2/21 /i NO FWWW S ON SIM DOS TEXAS ONE CALL SYSTEM G A .� S E R V C E S 0 2/15/1 69" FOR BD OD9 OD9 T ' A SHEET 8 OF 12 ac NO. DATE DESORPTION BY a'ND. °' G. DWG. FILE. TX- TARR - LBPL -DET1 REV. 1 DETAIL 4 DETAIL 5 16" NRH WATER LINE 12" NRH SANITARY SEWER TX- TARR - LBPL- 002.04UT TX- TARR - LBPL- 004.02UT SMITHFIELD ROAD TX- TARR - LBPL -AUGN3 TX- TARR - LBPL- DO3.00RD INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL TX- TARR - LBPL- ALIGN2 INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL F A. 28 +44 STA 29 +02 T: 3753'56.44' UT: 3753'56.39' LON: 9712'50.92' LON: 9712'50.24' N: 7012421.92E N: 7012417,687 STEPHEN RICHARDSON SURVEY, A -1266 STEPHEN RICHARDSON SURVEY, A -1266 E: 2363138.917 E: 2363196.857 N P I � STA. 53 +98 I r z f z✓ UT: 3753'50.09' I 1 LAN: 9712'22.25" I N: 701 1810.541 Z A E 2385590.785 CITY OF NORTH RICHLAND HILLS I m rlm oG_ I i$I �T -- - - -- - - - -- ��—'L- - - -- _ I 29+ 1— I 54 C I 15 , o — TN — PROPOSED 12' NATURAL + + N GAS PIPELINE o f 1 .3 0 + �.o ml O I I PROPOSFA 12' NATURAL GAS PIPELINE IED ' Q1 ' CITY OF NORTH RICHLAND HILLS ill � 1•' la CITY OF NORTH RICHLAND HILLS z n ° s R/W UNITS UNKNOWN m N N Z � � Z � Z 10 0 10 20 10 0 10 20 GRAPHIC SCALE N FEET GRAPHIC SCALE IN FEET PLAN PLAN 3 n 0 L .:3 :3 d > $ S z + ' oo � "T a z Z m j 2 I m� mw + + +i + + �+\ O +W E1DSTING GRADE O 655 ° V ` A "� ° 655 640 — 640 650 - - -^ - -- 650 635 - - -- — _ <. -. 635 645 645 630 630 640 - 640 625 625 635 635 620 620 630 630 615 625 g $ 625 610 610 620 620 605 ? 605 615 615 600 600 610 PaoPDSED i2" HAnra� 610 595 595 605 605 590 590 600 - - - -- -- -- - -- 600 585 PROPOSED 12` NAiuRAL I 585 595 595 580 GAS P 580 28 +50 29 +00 29 +50 575 575 570 570 53 +50 54 +00 54 +50 PROFILE THE NOTE IS NOT HORIZONTAL UNDER THE P/W PROFILE DUE TO THE CURVATURE OF THE HIM LnarlNS unullss urt drovAl x GENERAL INFORMATION„„ REVISION � k � Ew5i1NGUPLiESNARE , oFw �, F ' F B Z ROBBING DETAIL SHEET Z PLEASE REFER EAR SCALE. un Es nr Lrwnzwonxius wvs a ms. TH6 IN BEET IS WTEPgEO TO BE PRINTED OUT 22' X 3a'. (ISSUED FOR BID) LI77LE BEAR PAD LATERAL 12 PROPOSED NATURAL GAS PIPELINE MIDSTREAM CITY OF NORTH RIC HILLS 1 -80 800 - 245-4545 DATE: 12- TARRANT COUNTY. Y, TEXAS xxx.1EX•s °NE — CON G A S S E R V I C E S + 2/21/1 NO REVC'M ON SHED DDB 09 0 TEXAS ONE CALL SYSTEM 910 °'m 0 2/15/1 ISSUED FOR EW OD9 W9 we SHEET 9 OF 12 No. DATE DESCRPHON BY CHkD. PROJ ENG DWG. FILE. TX- TARR- LBPL. -DET2 REV. i a DETAIL 6 DETAIL 7 DETAIL 6 ONCOR TRANSMISSION LINE 24" TRA SANITARY SEWER CHEROKEE TRAIL TX- TARR- LBPL- 005.01LIT TX- TARR - LBPL- GO5.02UT TX- TARR - LBPL- 006.00RD TX- TARR- LBPL- AUGN3 TX- TARR - LBPL - ALIGNS TX- TARR - LBPL- ALIGN3 & ALIGN 4 INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL h . Q � STEPHEN RICHARDSON SURVEY, A - 1266 STA 67 +21 f N 7011334.1 68 TRA NM 21008 LON: 9712'07 B �>s - _ _ U 3253'43.17" _ n3� VIE E' 2366824.443 TY OF NORTH RICHLAND HILLS N 7T i 011130.912 / t S -- - ,S - OF NORTH RICHLAND HILLS - e _ .a E: 2357250.064 ow - =._.'. r _. _ ""-- -- N WATER --- STA. 67 +84 //0 LINE FL E LEV. 6 ��--- R HORIZ. P.O.T. Jam' 61 SEWER - -___._ x- - w -_ '-- T - J$ +nn _ _ _ _ _ HORIZ. 64t /of n H _ _ _ _ 9 *92 enD $ _. ___.._ _ - -_. _ rat -- 7 '+ - _ __. -_ _ -. _ _. �` - gar _ + ELEC X �. �. — �' -�' �- -$, PROPOSED 12" NATURAL OA 3 � TO EDf,'E \ � \OJ OHF ELECTRIC /FlM S• BLM c h — —. - - - - - .- -- - +40 T7tU F!.SEME GAS PIPELINE NS BLVD/EM 85 +68 swRARr _, LI �O! EASEMENT . '08.95 \ ;\ TPA -24 NCP -LBC6 _ - \ TRA STA 307 +19 DA480• B ro O Wit ' F ',HE JHr i UT. 32'53'45.60" • • SHE - .'Jrrr )8g 'F - \ .. c7w OWE 05, STA 6a +IS N: 7011370 ION 9T 12 .692 Z1 HL o", CITY OF NORTH RICHLAND HILLS - UT: 375346.36 - - - - - - - - - -. - - S E: 2366729.854 ,,,� :�Ht N: 7011444.413 p3g ` t CITY OF NORTH RICHLAND HILLS `.... -H t - r - (CHOWEE TRAIL) TOOT - DAVIS BLVD./FM 1938 20 - 0 20 aO GRAPHIC SCALE IN FEET PLAN �W 3 '. x � 6 4, S EXISTING GRDE t e ^ 50 A � F- + + 640 - - -- 640 630 - - -- - - - - - -- - - - - - -- - - 630 - 620 _ - - t -- - �— - -- - + - 620 610 -- + _ - t _ 610 590 rrmPOSED} lsas f_ 590 - __- 580 580 570 60 +50 61 +00 61 +50 62 +00 62 +50 63 +00 63 +50 64 +00 64 +50 65 +00 65 +50 66 +00 66 +50 67 +00 67 +50 68 +00 68 +50 69 +00 69 +50 70 +00 70 +50 71 +00 71 +50 72 +00 570 PROFILE GENERAL INFORMATION REVISION A�RO.� �La.s�4RAEOF ���,sM.PSAAO��EY ��A.oa s �R�E. — _AA E« A�N &LE» � S11A AOFw�4 I IN DETAIL SHEET .o�NSp� �o«oN� -- — — - F. PLEASE REFER TO BAR SCALE. cu.ers>Ew •riaou:as .S AT« W Mansl ataa io consmucTwN. 2. THIS SHEET MS INTENDED TO BE PRINTED OUT 22' X34 -. ISSUED FOR MIDI LITTLE BEAR PAD LATERAL 12" PROPOSED NATURAL GAS PIPELINE _ _ C ITY OF NORTH RICH Y, TEXAS HILLS 1- 800 - 245 -4545 GATE: 12- 1s -2on MIDSTREAM _ TARRANT COUNTY, TE TEXAS ONE CALL�SYSTEM G A S S E R V I C E S i 2/2'/1 REVISED PER CITY COMMENTS 0051 Dos ' m I x As 3rowl ssyr2o O f2/15/11 ISSUED FOR BD 009 OD9 Ty ' SHEET 10 OF 12 me ND DATE DESCRIPTION BY CH'}n PRa. ENC DWG. FILE. TX- TARR - L13PL -DET3 REV. 1 DETAIL 9 DETAIL 10 - DAVIS 8LVD. /FM 1938 ONCOR TRANSMISSION LINE TX- TARR WATE 008.00RD - 8" NRH WATER LINE TX- TARR - LBPL - 011.01 UT TX- TARR - LBPL- 008.01UT TX NRH SANITARY SEWER 16" NRH WATER UNE TX- TARR - LBPL - -17.02117 TX- TARR - LBPL -AUGN4 TX- TARR - LBPL- 009.OIUT INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL TX- TARR - LBPL -AUGN4 INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL STA. 90 +12 [ LS +es W i UT: 375'34.56 LA T. .374.08' LON: 9711'45 D4" 771'44.92" ' STEPHEN RICHARDSGN SURVEY, A -1266 STEPHEN RICHARDSON SURVEY, A -7266 N: 7010279.849 0229.759 r' 3 a• •k E: 2388782.677 E: 792.807 / G /fir( 32h T W ' 3Q2 � \ NO DEDICATED EASEMENT FOUND r'uEN —FOR — IN THIS AREA Iwo / . m ' ;-' ; d -u N U ! CM OF NORTH HM15 m 9pa w (=n iRAll ,.� c' , E g R r 7 ., CITY OF NORTH RCH AND HATS 1; I q < ^ (K S4NDYII OF ry n 4 8 09 . Sf PROPOSED 12 NATURAL ^ CAS PIPELINE � - 90 +00 PROPOSED I2" NATURAL /'rig -- tom' �a GAS PIPUJNE— '�' / *s - 'I✓fR _ ^F+ FE AWE � s fi a J EN�i s / O.N ELECIRIC „ JOHNNY J GILLILAND. 4t W ONCOR ELECTH t^ / DELIVERY COMPANY, , LLC n y a L 6" ,NRH WA, LINE, INSTR /0205085169 -ONCOR EASEMENT LINE STA. 71 +99 STA. 72 +57 - - - STA 73+25 � ai UT: 3753'43.14" UT: 3753'42.86' ONCOR ELECTRIC IAT: 3753'x2.53' tom. LON: 9712'02.83' LON: 9712'02.24'�� COMPANY, LLC LON: 9712'01.54' JUSTIFICATION OF CROSSING ANGLE 15 DUE TO THE NEED TO N: 7071128.086 N: 7071100.478 N: 7011067.920 AVOID WETLAND TO THE SOUTH OF CROSSING E: 2]87255.257 E: 2367305.93] E: 2367385.702 lo 0 10 20 10 0 10 20 Ix W GRAPHIC SCALE IN FEET GRAPHIC SCALE IN FEET It PLAN W PLAN W z Z ~ Q F Q 3 < Z 01 3 ¢ IC 3 Y ° x o Sn 0 a: ° ° w =� ° z - � - ` °' z ° ° O ° x - (pW m^ ( x x U Z W ° d. i j Ne W ,^ 7 7 U tG W z n rn�ZyI + n IN z r , f � z z +t3 +�+ + + + +W z z + +W z 0 r n n n O 0 IF o 0 635 635 640 640 630 — - -- 630 635 }ausT9 s�+AnE 635 625 GRADE 625 630 1 _ _ _ 630 620 625 625 615 } 615 620 620 610 + f - 610 615 i f 615 605 605 610 610 600 - 600 605 ._ 605 595 i 595 600 C 600 590 590 595 - — 595 585 NATUIM 590 585 590 } 580 t 580 585 12' F1A1UI6GL _ -- 585 tz" IMTIII7AL 575 575 580 GAS PIPELINE 580 570 570 89+50 90 +00 90 +50 91 +00 72 +00 72 +50 73 +00 PROFILE PROFILE GENERAL INFORMATION .�A�NN�jF "' "` " REVISION ��.n�= �A��„EO PawsN,>SA -wA I. A 2— w�� �joA s EA�EA „�.,,�E ,Aj"I CROSSING DETAIL SHEET I -E-TIl TIES1.11A -1 I F B I PLEASE REFER.. TO RAF SCALE. u � yy4 ja�H 2 TMI� SHEET , :N TT NDTD 10 BE PRINTED our 22' x sa'. (ISSUED x s ssueD FOR 6iD) LITTLE BEAR PAD LATERAL @ 12” PROPOSED NATURAL GAS PIPELINE MIDSTREAM CITY OF NORTH RIC TEXAS HILLS 1- 800 -245 -4545 DATE: 12-11-2 TARRANT COUNTY. Y, TEXAS G A S S E R V I C E S I I 1 11 ND IEIRSIONS ON SKET 1 D9 6D9 TEXAS ONE CALL SYSTEM aj0w Masao D 2/1511 tS611FD FOR 8D 009 009 SHEET 77 OF 12 N0. DAIE DESGMP110N DWG. FILE. TX- TARR -LBPL- DET4 REV, I DETAIL i I DETAIL 12 30 TRA SANITARY SEWER N >. TX- TARR- LBPL-01 2.01 UT 30" TRA SANITARY SEWER TX- TARR- LBPL- 013.OtUT TX- TARR- LBPL -AUGN5 ONCOR TRANSMISSION LINE INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL TX- TARR- LBPL- 013.02UT TX- TARR - LBPL -AUGN5 INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL z a n STEPHEN RICHARDSON SURVEY, A -1266 STEPHEN RICHARDSON SURVEY, A -1266 7 0) � 1 CITY OF NORTH RICHLAND HILLS Xj O TRA -30 SE9FA ? u /js/ \ � p ? RA SrA. 276t54 STA. 94+87 w �' \ \ `(� ` \ \ LON 9TI I' 43.94' 0.15' ° y \ ,Tt T \ / \ LON: 97+1' e 1 $ \ \ / FENCE LINE N: 7009835 -946 E: 2368881.383 \ 95 +00 s 10e+00 C i v S � � PROP 12" nATURAL - - — _____! � :� T om ' '�'� - --- \ - - -- PROPOSED 12' NATURAL %AS PIPELINE �" a \ STA. 107 +92 \ GAS PIPELINE V, wr R STEPHEN K M IBQI \ \ � LAT: 32'53'25.94' \ 4 - - - LON: 9Tii '38.4t' \ ORROW, t al N: 700941 23 \ �y� \ 5.9 5.94' \ 8.63' 819 934 15' TEMPORARY NOTE: WORKSPACE JUSTIFICATION OF CROSSING ANGLE IS DUE TO THE NEED TO NOTE: JUSTIFICATION OF CROSSING ANGLE IS LIMIT THE NUMBER OF TREES REMOVED FOR RIG OPERATION PARALLEL PROPERTY LINE TO THE NORTH TO THE NEED 70 10 0 10 2-' 0 _ 0® GRAPHIC I GRAPHIC SCALE IN FEET W GRAPHIC SCALE IN FEET PLAN PLAN w a It v z a > Z t m p 0O O O R$ of n° 3 n z O g8 + O o o z 640 ° 640 640 — 640 635 635 635 635 530 EXISTING GRADE 630 630 630 625 - 625 625 cRAnE _..- - - — 625 620 - 620 620 620 615 - - 615 615 615 610 610 610 610 605 - 605 605 -- -- - - - rt -- _ __$. 605 600 ie 600 600 t 600 595 _ - -- ' 12 lN UPC,- 595 595 595 590 590 590 � 590 GAS 585 585 585 585 580 580 580 -- — - - -- 580 94 +50 95+00 107 +50 108 +00 108+ 50 PROFILE PROFILE NOTE. THE PPELMiE IS NOT HORIZONTAL UNDER THE R/W DUE TO THE CURVATURE OF THE HOD EvSRAGU1iER1ES ARE _ __ -. _. ■ GENERAL INFORMATION REVISION CROSSING DETAIL SHEET 1. PLEASE REFER To BAR SCALE. I F B A A,' 4 T ; -- - -- -- -_ - - -- _ -- - o aa� e x s 2. THIS SHEET IS 9111E14D 70 BE PRI8IED OUT 22' M W. (ISSUED FOR BID) Ll7TLE BEAR PAD LATERAL _ - - -.- -- - -- 12" PROPOSED NATURAL GAS PIPELINE � MIDSTREAM CITY '1 OF NORTH RICHLAND HILLS - - - -- - - -8 245 -4545 DATE: 12- 15-2011 _ TARRANT COUNTY. TEXAS _ _www 1 12/21/1 No REVator4 ON 9EET OD9 DDSI wmr ml 016 TEXAS ONE CALL SYSTEM G A S S E R V I C E S aKKw ssYe� 0 2/15/1 ISSUED FOR Bo DDS ao9 TA SHEET 12 OF 12 Lac N0. DATE DESCRIPTIONN BY CH'KD.D3, ENC DWG, FILE. TX- TARR- LBPL -DETS IREV. 1 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. H.1 ANNOUNCEMENTS - Councilman Lombard Presenter: Councilman Tom Lombard Announcements Join us at the NRH Public Library each Saturday for free family films. The movies are shown on the big screen in the Community Room starting at 2 p.m. Popcorn is provided. Families are invited to bring snacks, drinks and floor cushions. For more details, please c a l l 817- 427 -6814. Iron Horse Golf Course is currently booking its pavilion and clubhouse for 2012 weddings, graduation parties, retirement parties, receptions and more. To make a reservation for your next special event, call 817- 485 -6666. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we spotlight. Delvin Hatley from the Municipal Court — A citizen wrote to express appreciation for Deputy City Marshall Delvin Hatley's assistance when she got a flat tire on Rufe Snow Drive. "He went out of his way to help me. He was kind, courteous and a blessing," she said. Not only did Delvin change the flat tire, he also made numerous calls to her family to notify them of her whereabouts. Delvin exemplifies public service and she was very grateful for the help that he provided. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -9 -2012 Subject: Agenda Item No. H.2 Adjournment