HomeMy WebLinkAboutCC 2012-02-27 AgendasADDENDUM TO AGENDA
NORTH RICHLAND HILLS CITY COUNCIL REGULAR SESSION MEETING
February 27, 2012
7:00 p.m.
Notice is hereby given that the following agenda item has been added to the regular
session agenda for the City of North Richland Hills City Council meeting to be held on
Monday, February 27, 2012 at 7:00 p.m. in the North Richland Hills City Hall Council
Chambers, 7301 Northeast Loop 820, North Richland Hills, Texas.
A.4a Consider Action on Resignation of Ken Sapp from City Council
Certification
I do hereby certify that the above public 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 February 24, 2012 at
3 0 p.m.
ity Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours in
advance of the meeting. Please contact the City Secretary's office at 817 - 427 -6060 for
further information.
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, February 27, 2012
5:30 P.M.
A.0 Discuss Items from Regular City Council Meeting
A.1 Discuss Federal Legislative Positions (10 Minutes)
A.2 Community Improvements Program Task Force Report (1 Hour)
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to
discuss the following as authorized by Chapter 551, Texas Government Code
B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for
Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of
North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North
Richland Hills (No. 2011 - 000462 -1)
B.2 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the
purchase, exchange, lease or value of real property in the southeast quadrant 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 Hills, Texas in compliance with Chapter 551, Texas
Government Code on February 24, 2012 at \VAE5 a.m.
is ant City Secret
rY
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 — February 27, 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, February 27, 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 Whitson
A.2 Pledge - Councilman Whitson
A.3 Special Presentation(s) and Recognition(s) - Proclamation Recognizing "National
Pancake Day" to Benefit Shriners Hospitals for Children presented by Councilman Sapp
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.
NRH City Council Agenda — February 27, 2012
Page 2 of 4
B.1 Approval of Minutes of February 13, 2012 City Council Meeting
B.2 PU 2012 -010 Award Bid 12 -017 for the Purchase of Light Duty Vehicles to Holiday
Chevrolet in the Amount of $276,604 and Caldwell Country Chevrolet in the Amount of
$83,990
C.0 PUBLIC HEARINGS
C.1 GN 2012 -014 Conduct a Public Hearing for the 38th Year Community Development
Block Grant Program
C.2 GN 2012 -015 Approve the 38th Year (2012/2013) Community Development Block Grant
Program - Resolution No. 2012 -005 (This item is not a public hearing but is related to
item C -1)
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 -016 Approve Suspension of March 6, 2012 Effective Date of Atmos Energy
Corp., Mid -Tex Division's Requested Rate Change - Resolution No. 2012 -006
F.2 GN 2012 -017 Award of Management Agreement with Evergreen Alliance Golf, Limited,
L.P. for the Management of Iron Horse Golf Course
F.3 GN 2012 -018 Appointment to Place 5 Teen Court Advisory Board
F.4 GN 2012 -019 Texas Governor's Office Criminal Justice Programs Competitive Grant -
Resolution No. 2012 -007
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 Telemetric Meter Reading System
H.2 Announcements - Councilman Lombard
NRH City Council Agenda — February 27, 2012
Page 3 of 4
H.3 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 February 24, 2012 at > a. m.
4Asis 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 — February 27, 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, February 27, 2012
5:30 P.M.
A.0 Discuss Items from Regular Citv Council Meetina
A.1 Discuss Federal Leaislative Positions f 10 Minuted
A.2 Community Improvements Proaram Task Force Report (1 Hour)
B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive
Session to discuss the followina as authorized by Chapter 551, Texas
Government Code
B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for
Consultation with Attornev reaardina Pendina Litiaation - 1) State of Texas v. Citv
of North Richland Hills (No. 2011- 002840 -1); and 2) State of Texas v. Citv of
North Richland Hills (No. 2011- 000462 -1)
B.2 Executive Session: Pursuant to
deliberate the purchase, exchanae
southeast quadrant of the Citv
Section 551.072, Texas Government to
lease or value of real propertv in the
C.0 Adiournment
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. A.0
Discuss Items from Regular City Council Meeting
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. A.1
Discuss Federal Legislative Positions (10 Minutes)
Presenter: Karen Bostic
Summarv:
The purpose of this agenda item is to seek City Council consensus of the 2012 Federal
Legislative Positions for the City of North Richland Hills.
General Descrir)tion:
The legislative program is intended to be a guide to our legislators to inform them of the
city's position on issues we expect will be raised during the congressional session. As
in the past, we have used four guiding principles to determine our positions. These
guiding principles are:
• Local control
• Predictable and sufficient level of revenue to provide for our residents
• Opposition to unfunded mandates
• Quality of life
We expect the highest priorities to be:
• Transportation
• Rights of Way
• Community Development Block Grant
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2012 Federal Legislative Positions
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2012 Federal Legislative Positions
FEDERAL LEGISLATIVE INTRODUCTION
The United States Congress frequently creates new laws that greatly affect
municipalities. Due to this relationship, the City of North Richland Hills must develop
and adopt positions on the most critical federal issues that directly impact the City and
its citizens, especially issues involving 1.) local control, 2.) quality of life, and 3.)
municipal revenues (including unfunded mandates). Therefore, the City of North
Richland Hills uses three primary principles in developing positions on legislative issues:
1. The City vigorously opposes any legislation that erodes the authority to govern
our own local affairs.
2. The City opposes any legislation that dramatically impacts our ability to pay for
public services and opposes the imposition of any federal mandates which do
not provide for a commensurate level of compensation.
3. The City supports legislation that increases the quality of life for our citizens
including legislation that encourages equitable services that increase pride and
growth in our community.
If an issue arises in Congress that is not included in this document, we urge our
Congressional delegation to keep the City's g'uidi'ng principles in mind as they make
important decisions which will impact our joint - constituents.
TABLE OF CONTENTS
General Legislative Policy ----------------------------------------------------------------------------------- - - - - -
Transportation------------------------------------------------------------------------------------------------------ - - - - -
Rightsof Way-------------------------------------------------------------------------------------------------------- - - - -'
Community Development Block Grant ----------------------------------------------------------------- -----7
Contacts--------------------------------------------------------------------------------------------------------------- - - - - -$
GENERAL LEGISLATIVE POLICY
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As a general policy, the City of Borth Richland Hills seeks to preserve its current authority
to govern the city, its citizens, and its property. As such, the City opposes legislation that:
■ diminishes the fundamental authority of the City,
• mandates increased costs without adequate compensation,
• forces a loss of revenues or a decrease in public services;
• erodes requirements for reasonable compensation for use of public lands; or
• erodes municipal control over local water systems.
63 r - 0 Id=1 I=1 I, ri91 ;M11:J1f1M
Likewise, the City supports legislation that:
• advances municipal authority to conduct the public's business;
• improves the health, safety, and welfare of our citizens;
• responsibly and fairly increases revenues to pay for essential services,
• reduces the cost of providing services;
• responsibly promotes economic development, or
• improves the economy and creates jobs.
TRANSPORTATION
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An effective and interconnected transportation infrastructure is essential to maintaining
a healthy and vibrant economy. A strong intergovernmental partnership is key to
advancing national transportation goals and priorities. If we continue to allow our
infrastructure to deteriorate through lack of investment and proper maintenance, we put
America's economic success, and the success of our cities, at risk. As local
governments continue to struggle with budget shortfalls, federal support for
infrastructure is even more critical.
The Highway Trust Fund is not keeping up with demand. Financed by federal gasoline
taxes and redistributed through the states to cities and towns, it is not keeping up with
the investment and maintenance needs of our transportation system. Without action,
the nation's aging transportation systems will further deteriorate. Our current system is
aging and requires increasing investment just to maintain its current condition, much
less improve it.
In Northeast Tarrant County, traffic congestion continues to be a serious issue.
Expansion of highways in our area has been delayed for a decade or more due to a lack
of funding. The North Texas region is in a non - attainment area whereby we must meet
strict guidelines to reduce air pollution yet we have traffic gridlock, further polluting our
air.
It is critical to our City and our region that funding be made available for road projects to
improve the quality of life for all citizens through a dramatic increase in safety and
managed and/or reduced travel time. It is also critical that funding be made available
for alternative means of transportation, including commuter rail. Further, funding must
be made available for the Northeast Transportation Service via a transportation
appropriation. This transit system is an on demand transportation service for senior and
disabled residents.
POSITION
• The City of North Richland Hills supports a new federal surface transportation
program that partners with local governments and recognizes the central role of
transportation to metropolitan and regional economies, includes the local voice in
planning and project selection and chooses the best mix of transportation options
to fit the needs of the region.
• The City supports full funding for federal transportation programs and initiatives
that support bridges, roads, highways, transit and high -speed rail.
• The City supports public- private partnerships that support transportation
priorities.
RIGHTS OF WAY
Over many years, citizens have been required to donate their property to local
governments in order for it to be used for public purposes for the common good. These
rights -of -way are used for many purposes including the location of water and sewer
lines, telecommunication and cable lines, as well as other various utilities.
Municipalities are compensated for the use of public rights -of -way by the private
industries that use them, providing a dividend to the property owners through lower
property taxes. The underlying principal is that private use of publicly -owned rights -of-
way is a privilege not an entitlement. Local governments are, in fact, legally obligated to
control and charge for the use of rights -of -way. The Texas Constitution requires cities
to receive fair market rental payments from private industries that use public land for
their private gains. Local governments are also responsible for maintaining the rights -
of -way to ensure the health and safety of their citizens. This enables cities to minimize
service disruptions to the public, protect public investment in the rights -of -way, and
assures correct placement of service lines.
From time to time private entities advocate the advancement of their enterprise by
requesting "relief' from local rights -of -way from the federal or state government. This
"relief" comes at the expense of the local property owner who does not receive the just
compensation they deserve through lowered taxes from the use of this property. The
City of North Richland Hills advocates the expansion of telecommunications and other
utilities through use of City rights -of -way. We just do not believe it is right to mandate
access without just compensation.
POSITION
• The City of North Richland Hills opposes any legislation that will restrict the
ability to manage our rights -of -way or that allows rights -of -way user access
without appropriate compensation to the City.
COMMUNITY DEVELOPMENT BLOCK GRANT
The Community Development Block Grant (CDBG) program was signed into law as the
centerpiece of the Housing and Community Development Act of 1974. CDBG is the
Federal government's effort to help more than 1,100 entitlement cities, urban counties,
States and their non - profit partners meet the needs of low and moderate - income
communities. CDGB helps to fund a wide range of activities including home ownership
assistance, housing rehabilitation, public services and economic development projects.
Any reduction, in CDBG funding would slow down or eliminate thousands of local and
state projects and programs that are directly contributing to local and regional recovery.
Providing quality neighborhoods and housing for all Americans by continuing successful
programs such as the Community Development Block Grant (CDBG) is important to the
City of North Richland Hills. After 37 years, this program remains successful and
continues to demonstrate a strong federal -local partnership that must be sustained.
As an aging City, CDBG funds are vital to the continued success of our neighborhood
revitalization initiatives. CDBG funds have allowed the City of North Richland Hills to
reconstruct streets and sanitary sewer lines in qualifying neighborhoods, institute a
successful housing rehabilitation program, expand and improve senior center facilities
located within the city, and enhance the Northeast Transportation Service (NETS), an
on demand transportation service for senior citizens and disabled residents of our city.
• The City of North Richland Hills supports maintaining the CDBG formula funding
at current levels as this program has been and will continue to be important in
funding revitalization efforts within our community.
• The City opposes any budget proposals that seek to combine, eliminate or
reduce community development programs that have continually proven to be
effective in redeveloping deteriorating areas of cities across the country.
CONTACTS
City of North Richland Hills
7301 NE Loop 820
P. 0. Box 820609
North Richland Hills, Texas 76180
(817) 427 -6000
Fax: (817) 427 -6016
httr)
Mark Hindman
City Manager
(817) 427 -6003
Email: mhindman(cD.nrhtx.com
Karen Bostic **
Assistant City Manager
(817) 427 -6005
Email: kbostic enrhtx.com
Mayor and City Council
Oscar Trevino, Mayor
Dr. Tim Barth — Mayor Pro Tern
Sixto "Tito' Rodriguez — Place 1
Ken Sapp — Place 2
Tom Lombard — Place 3
David Whitson — Place 5
Scott Turnage — Place 6
Tim Welch — Place 7
" Karen Bostic is the primary legislative contact for North Richland Hills
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. A.2
Community Improvements Program Task Force Report (1 Hour)
The Community Improvements Program Task Force is a group of 20 North Richland
Hills residents that have met for the past eight months to assess NRH facilities and
infrastructure. The task force will make a 1presentation and recommendation for future
projects. Members of the Community Improvements Program Task Force include:
David Whitson — Task Force Chairman
Tom Lombard — Facilities Sub - Committee Chairman
Tito Rodriguez — Streets Sub - Committee Chairman
Jay Bruner
Suzy Compton
September Daniel
Jay Garner
Brad Greene
Tom Harris
Hayden Hunter
Steve Koons
John Lewis
Kathy Luppy
Dottie McCrary
Randy Moresi
David Nelson
Tony Pack
Mike Rigby
Danny Roberts
Randy S'hiflet
Loyce Shirley
Joe Tolbert
Mike Washburn
Mary Witt
Mark Wood
Nicole Zajimovic
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -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: 2 -27 -2012
Subject: Agenda Item No. B.1
Executive Session; 'Pursuant to Section 551.071, Texas Government
Code for Consultation with Attorney regarding Pending Litigation - 1)
State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1);
and 2) State of Texas v. City of North Richland Hills (No. 2011-
000462 -1)
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. B.2
Executive Session: Pursuant to Section 551.072, Texas Government
to deliberate the purchase, exchange, lease or value of real property
in the southeast quadrant of the City
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -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, February 27, 2012
7:00 P.M.
A.0 Call to Order - Mavor Trevino
A.1 Invocation - Councilman Whitson
A.2 Pledge - Councilman Whitson
A.3 Special Presentation(s) and Recognitions) - Proclamation Recoanizina
"National Pancake Dav" to Benefit Shriners Hospitals for Children presented by
Councilman Sapp
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 February 13, 2012 Citv Council Meeting
B.2 PU 2012 -010 Award Bid 12 -017 for the Purchase of Liaht Dutv Vehicles to
Holidav Chevrolet in the Amount of $276,604 and Caldwell Country Chevrolet in
the Amount of $83,990
[Mom alJ:11 rem p1�,1V1►[e�
C.1 GN 2012 -014 Conduct a Public Hearina for the 38th Year Communitv
Development Block Grant Proaram
C.2 GN 2012 -015 Approve the 38th Year (201212013) Community Development
Block Grant Proaram - Resolution No. 2012 -005 (This item is not a public hearina
but is related to item C -1)
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
E.0 PUBLIC WORDS
No items for this category.
zl�e721 ►121 C7,:l01r:111 &6-
F.1 GN 2012 -015 Approve Suspension of March 0, 2012 Effective Date of Atmos
Enerav Corp., Mid -Tex Division's Re Rate Chance - Resolution No.
2012 -000
F.2 GN 2012 -017 Award of Manaaement Aareement with Everareen Alliance Golf,
Limited, L.P. for the Manaaement of Iron Horse Golf Course
F.3 GN 2012 -018 Appointment to Place 5 Teen Court Advisory Board
F.4 GN 2012 -019 Texas Governor's Office Criminal Justice Programs Competitive
Grant - Resolution No. 2012 -007
G.0 EXECUTIVE SESSION ITEMS
G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session
Aaenda
:KIM1017o] V �il,III Eel ►1:1�101 V:I go] :i&
H.1 Telemetric Meter Readina Svstem
H.2 Announcements - Councilman Lombard
H.3 Adiournment
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. A.0
Call to Carder - Mayor Trevino
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. A.1
Invocation - Councilman Whitson
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. A.2
Pledge - Councilman Whitson
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. A.3
Special Presentation(s) and Recognition(s) - Proclamation
Recognizing "National Pancake Day" to Benefit Shriners Hospitals
for Children presented by Councilman Sapp
Presenter: Councilman Ken Sapp
10 11A MMI
CITY OF NORTH RICHLAND HILLS
PROCLAMATION
WHEREAS, Shriners Hospitals for Children is a national non - profit organization
committed to giving children the opportunity to live a more normal life; and
WHEREAS, Shriners Hospitals for Children gives children the opportunity to
receive treatment for orthopedic problems, severe burns and spinal cord injuries at no
charge to the patients; and
WHEREAS, Shriners Hospitals for Children provides these children with a head
start in developing a normal life, which is essential to them becoming successful and
contributing adults; and
WHEREAS, on February 28, 2012, Shriners Hospitals for Children and IHOP will
join together to encourage people to donate to Shriners Hospitals for Children activities.
NOW, THEREFORE, BE IT RESOLVED, that I Oscar Trevino, (Mayor of the City
of Forth Richland Hills, in recognition of this important event, do hereby proclaim
February 28, 2012 as
"IHOP' S NATIONAL PANCAKE DASD"
in the City of North Richland Hills and urge all area residents in to join in showing
support for the Shriners Hospitals for Children.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of North Richland Hills to be
affixed this the 27th day of February 2012.
Oscar Trevino, Mayor
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -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.
lei R H
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: February 27, 2012
Subject: Agenda Item No. A.4a
Consider Action on Resignation of Ken Sapp from City Council
Presenter. Councilman Sapp
Summarv:
Council is being asked to accept the resignation of Councilman Ken Sapp.
General Description:
Councilman Sapp has submitted a letter of resignation from the City Council to be
effective with the February 27, 2012 City Council meeting. Councilman Sapp is
requesting Council to accept his resignation at the February 27 council meeting.
Recommendation:
To take action on Councilman Sapp's resignation from the City Council.
Mr. Mark Hindman
City Manager
City of North Richland Hills
Honorable Oscar Trevino
Mayor
City of North Richland Hills
Re: Council Resignation
Gentlemen,
Kenneth M. "Ken" Sapp
NRH City Council Place 2
February 23, 2012
It has been my great honor to serve the citizens of our community as a member of this
distinguished City Council. We have a wonderful city that has grown not only in
population, but also in the continued enhancements we have achieved in our local quality
of life.
This progress in our city has truly been a team effort and I am pleased to have played a
part in developing and supporting goals to keep our city moving in the right direction.
As you know, I have decided to seek the office of State Representative in the upcoming
2012 Republican primary. It now appears that we have resolution to the primary election
date and the maps that will govern the process, and as such, I now feel it appropriate to
resign my position on the North Richland Hills City Council and focus my full attention
on the State House campaign.
Given these circumstances, I am submitting my notice of resignation effective with the
February 27, 2012 City Council meeting and ask that it be accepted at that time.
I want to thank the city staff for their hard work and support. I'd also like to thank the
members of the City Council for their engaging style and their tireless efforts on behalf of
the citizens of North Richland Hills. Finally and most important, I must thank the citizens
of the city for having given me the opportunity to represent them for the past six years.
Together, we have promoted fiscally conservative government, balanced budgets, and
policies that helped keep more of our citizens on the job. And first and foremost Ave
worked to emphasize government that served the people, not the other way around.
Thank you again to the citizens of our great community.
Best Regards,
Ken Sapp
REc 1 VED
FEB 2 4 2012
Ct1Y SECRETARY
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -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: 2 -27 -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: 2 -27 -2012
Subject: Agenda Item No. B.1
Approval of Minutes of February 13, 2012 City Council Meeting
Presenter: Patricia Hutson
Recommendation:
To approve the minutes of the February 13, 2012 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 — FEBRUARY 13, 2012
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
13 day of February 2012 at 5:30 p.m. in the City Council Workroom prior to the 7:00
p.m. regular Council meeting.
Present: Oscar Trevino
Mayor
Tim Barth
Mayor Pro Tern, Council, Place 4
Tito Rodriguez
Council, Place 1
Ken Sapp
Council, Place 2
Tom Lombard
Council, Place 3
David Whitson
Council, Place 5
Scott Turnage
Council, Place 6
Tim Welch
Council, Place 7
Staff Members: Mark Hindman
City Manager
Jared Miller
Assistant City Manager
Karen Bostic
Assistant City Manager
Jimmy Perdue
Director of Public Safety
Mike Curtis
Managing Director
Vickie Loftice
Managing Director
Patricia Hutson
City Secretary
Monica Solko
Assistant City Secretary
George Staples
City Attorney
Mary Peters
Public Information Officer
Kristin Weegar
Assistant to City Manager
John Pitstick
Director of Planning & Development
Larry Koonce
Finance Director
Jimmy Cates
Public Works Operations Manager
Alan Knapp
Public Works Superintendent
Greg Van Nieuwenhuize
Assistant Public Works Director
Jamie Brockway
Purchasing Manager
Mark Mills
Budget Director
Craig. Hulse
Economic Development Director
Andy Jones
Fire Chief
Sean Hughes
Emergency Management Coordinator
Call to Order
Mayor Trevino called the work session to order at 5:30 p.m.
A.0 Discuss Items from Reaular Citv Council Meetina
There were no questions from the Council.
Mayor Trevino recognized Ms. Sally Proffitt from Tarrant County College Northeast and
students from her Business Leadership course.
A.1 Police Department 2011 Annual Report
Chief Perdue presented a PowerPoint presentation highlighting the Police Department's
2011 Annual Report. Chief Perdue reported that there was a significant reduction in
Part 1 crimes in 2011 and overall, there was an 11.2 % reduction in major crime
categories when compared to 2010. Council was advised that as required by statute,
Alex del Carmen, PH.D., of Del Carmen Consulting was hired to analyze the racial
profiling data collected by the Police Department during 2011. Dr. del Carmen
concluded that the North Richland Hills Police Department has complied with the Texas
Racial Profiling Law. The report was presented to Council. Chief Perdue highlighted
the accomplishments of the Department in 2011 and discussed plans for future
initiatives.
A.2 Report on 2011 Citizen Survev Results
Ms. Mary Peters, Public Information Officer, advised that the City contracted with the
University of North Texas Survey Research Center to conduct a citizen survey in late
2011. UNT Survey Research Center has conducted a survey for the City every other
year since 2005. Ms. Peters introduced Dr. Paul Ruggiere, director of the UNT Survey
Research Center.
Dr. Ruggiere presented a PowerPoint presentation highlighting the findings of the 2011
survey. Dr. Ruggiere discussed the objectives of the survey, methodology used for
conducting the survey, tools used to interpret the survey and the major findings and
conclusions. The survey's purpose was to objectively assess the public's satisfaction
with city services and identify areas where improvements are needed. Overall, the
survey results were positive and compared to prior year findings. Conclusions of the
survey included-
0 95 % of the respondents rated the quality of life in North Richland Hills as
excellent or good
• 97 % would recommend North Richland Hills to a friend or family member as a
good place to live
• 93 % of the respondents planned to remain in North Richland Hills for several
years
• 26 % participated in the City's recreational programs during the past year and
86 % of those respondents rated the programs as excellent or good
• 75.9% reported using a North Richland Hills park during the past year and 95%
of the respondents rated parks as excellent or good
• The public library was used by 70.8 % of the respondents and 98 % rated library
services as excellent or good
• 86 % of the respondents rated the condition of the North Richland Hills
community as excellent or good with high grass and weeds and liter code
violations being seen most frequently or sometimes in the city.
• Nearly all respondents felt either very safe or somewhat save in their
home /apartment and neighborhood. Emergency services were rated excellent or
good by a large majority of respondents.
• Other city services received a majority of combined excellent and good ratings.
Council requested to be provided with demographics for areas 5 and 2. The Mayor
advised the City Manager will provide Council later with recommendations on the survey
findings.
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas
Government Code
B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for
Consultation with Attornev regardinq Pendinq Litiqation - 1 ) State of Texas v. City
of North Richland Hills (No. 2011 - 002840 -1): and 2) State of Texas v. Citv of
North Richland Hills (No. 2011 - 000462 -1)
B.2 Executive Session: Pursuant to Section 551.072, Texas Government to
deliberate the purchase, exchange, lease or value of real property in the central
sector of the Citv
Mayor Trevino announced at 6:17 p.m. that the Council would convene into Executive
Session as authorized by Chapter 551, Texas Government Code, pursuant to the
following sections: 1) 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); 2) Section
551.072 to deliberate the purchase, exchange, lease or value of real ;property in the
central sector of the City.
C.0 Adiournment
Mayor Trevino announced at 6:37 p.m. that the Council would adjourn to the regular
Council meeting.
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A.0
CALL TO ORDER
Mayor Trevino called the meeting to order February 13, 2012 at 7:07 p.m.
I:T914 WOYA 41
Present: Oscar Trevino
Tim Barth
Tito Rodriguez
Ken Sapp
Tom Lombard
David Whitson
Scott Turnage
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 6
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
A.1
INVOCATION
Mayor Pro Tern Barth gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Mayor Pro Tern Barth led the pledge of allegiance.
Mayor Pro Tem Barth recognized Ms. Sally Proffitt from Tarrant County College
Northeast and students from her Business Leadership course.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S) -
PROCLAMATION RECOGNIZING COLBY BANNISTER AND JOSH ALTMAN,
NORTH RICHLAND HILLS RESIDENTS WHO COMPETED IN THE
2011 SPECIAL OLYMPIC WORLD GAMES
Councilman Lombard presented Colby Bannister and Josh Altman a proclamation
recognizing their accomplishments in the 2011 Special Olympic World Games in
Athens, Greece.
A.4
SPECIAL PRESENTATION(S) AND RECOGNITION(S) -
PRESENTATION OF 2011 PLANNING ADVOCATE AWARD TO MAYOR OSCAR
TREVINO BY THE MIDWEST SECTION OF THE TEXAS CHAPTER OF THE
AMERICAN PLANNING ASSOCIATION
Clayton Husband, Midwest Section of the Texas Chapter of the American Planning
Association, presented Mayor Oscar Trevino with 2011 Planning Advocate Award.
A.5
SPECIAL PRESENTATION(S) AND RECOGNITION(S) -
PROCLAMATION RECOGNIZING NATIONAL ENGINEERS WEEK
PRESENTED BY COUNCILMAN WELCH
Councilman Welch presented the National Engineers Week Proclamation to Mayor
Oscar Trevino and invited all Engineers present in the audience to please come forward
and join him at the podium so that they all could be recognized.
A.6
CITIZENS PRESENTATION
Jerry Sorenson, 8628 Bridge Street, raised concerns for a family of ducks in his
neighborhood. He asked Council if a duck crossing could be placed on his street facing
both directions so that commuters could be cautioned when driving down the street.
Mayor Trevino applauded his efforts and asked Greg Van Nieuwenhuize, Public Works
Assistant Director to help Mr. Sorenson's with his concern.
Cindy Carriger, 8448 Ruthette Drive, raised concerns on the consent agenda item B.2
the purchase of badger water meters and telemetric services. Mayor Trevino asked
Karen Bostic, Assistant City Manager to meet with Ms. Carriger to address her
concerns.
Ms. Haley Whatley, 8537 Smith Drive, presented the Council with a memento from her
12 Annual Bunny & Bear Drive benefiting Cook Children's Medical Center in Fort
Worth.
A.7
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF JANUARY 23, 2012 CITY COUNCIL MEETING
B.2 PU 2012 -009 AUTHORIZE THE PURCHASE OF BADGER WATER METERS
AND TELEMETRIC SERVICES FROM ATLAS UTILITY SUPPLY COMPANY
FOR AN AMOUNT NOT TO EXCEED $350,000
COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LOMBARD
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
C.0
PUBLIC HEARINGS
C.1
GN 2012 -010 CONDUCT A PUBLIC HEARING ON AMENDMENTS TO THE 2011-
2012 BUDGET AND APPROVE ORDINANCE NO. 3185 AUTHORIZING THE
AMENDMENTS
APPROVED
Mayor Trevino opened the public hearing and called on Mark Mills to present the item.
Mr. Mills, Budget Director, summarized the item. The FY 2 011112 Budget was adopted
by City Council on September 12, 2011 and become an effective at the start of the fiscal
year, beginning October 1, 2011. Since the beginning of the fiscal year, several events
have occurred that necessitate a budget amendment. The primary contributing event is
the consolidation of Public Safety Dispatch and Detention Services with Haltom City,
Richland Hills and Watauga. This consolidation will result in expenditures exceeding
the funds appropriated in the FY 2011112 Budget. Even though revenue generated
from this effort will exceed expenditures, the increase in expenditures over the amount
appropriated requires a formal budget amendment. Other adjustments include an
adjustment for prior year encumbrances and distribution of the compensation
adjustment and revisions to several capital projects that have previously been
presented to Council for approval.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
Cindy Carriger, 8448 Ruthette Drive, came forward. She stated she was not against the
item but asked for clarification on the increases. Ms. Carriger commented that with the
exception of the negative $38,000, the remainder of the amounts are increases and she
questioned if the increases were because there was additional money found, it was
underfunded or there was some other reason.
Mr. Mills referred to the PowerPoint presentation and explained that the amounts in the
third column — proposed amendments — are all costs directly associated with the
consolidation with the exception of the $38,000 in the traffic safety fund and those
expenses are monies coming out of fund balance. The amounts in the second column
— prior year encumbrances — are monies for items that were budgeted in the fiscal year
2011 operating budget. Mr. Mills explained that because of the timing the invoices were
received after the end of the 2011 fiscal year and were paid for out of the 2012 budget.
Fund balance is being appropriated to cover those expenditures for the items that were
received in 2011 and that these are not items being added to the budget. Mayor
Trevino also advised that the City was also receiving additional revenues from the
others cities for the additional costs associated with the consolidation. Revenue will
exceed expenditures, but the increase in expenditures over fund balance requires an
amendment.
There being no one else wishing to speak, Mayor Trevino closed the public hearing and
called for a motion.
COUNCILMAN RODRIGUEZ MOVED TD APPROVE ORDINANCE NO. 3815 AND AMENDMENTS TO
THE 2011112 BUDGET. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
C.2
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 (PUBLIC HEARING CONTINUED FROM
THE JANUARY 9, 2412 COUNCIL MEETING)
APPROVED
Mayor Trevino advised that this was a continuance of the public hearing from the
January 9 1h Council Meeting and called for the applicant to come forward.
Thad Brundrett, 316 Bailey Avenue, Suite 106, Fort Worth, representing the owner
came forward. Mr. Brudrett explained that the item was a simple rezoning of a portion
of land. The owner would like to retain the AG feel of the property and would like to
build a new residential home on it.
John Pitstick, Director of Planning and Development, summarized the item. 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 is
recommending approval of ZC 2011 -06; Ordinance No. 3179.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing and
called for the motion.
COUNCILMAN LOMBARD MOVED To APPROVE ORDINANCE No. 3179. MAYOR PRO TEM
BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
D.0
PLANNING & DEVELOPMENT
Items to follow do not require a public hearing.
D.1
FP 2011 -03 CONSIDERATION OF A REQUEST FOR A FINAL PLAT AND
APPROVAL OF A DEVELOPMENT AGREEMENT FROM BRUNDRETT
DEVELOPMENT STRATEGIES, LLC. THE PLAT WILL CREATE LOT 1, BLOCK 1,
MORROW RANCH LOCATED ON 8.779 ACRES AT 8801 KIRK LANE.
APPROVED
Mayor Trevino called on Thad Brundrett to present the item.
Mr. Thad Brundrett, 316 Bailey Avenue, Suite 106, Fort Worth came forward. Mr.
Brundrett explained that this was the next step in process to building a new home. The
property owner will also be dedicating a portion of right -of -way for the development of
Kirk Lane.
John Pitstick, Planning and Development Director, summarized the item. The property
owner and applicant, Michael Morrow, is requesting approval of a final plat for an 8.779
acre tract out of a 54 acre agricultural estate. This plat will create one single family lot
(7.45 acres after right -of -way dedication) out of the existing larger unplatted tract and
will also include formal dedication of all of the required right of way for Kirk Lane of the
larger 54 acre tract. A preliminary plat was previously approved by the Planning &
Zoning Commission. This Final Plat is consistent with the preliminary plat. Mr. Morrow
plans to build his personal home on this 'lot and leave the remaining acreage as an open
agricultural area.
The Subdivision will have an impact on the existing public Right -Of -Way ("ROW"). Such
amount ($50,164.55) is roughly proportionate to the proposed Subdivision. Therefore,
the developer will be required to either construct the required improvements (per current
minimum City standards) or assume 100% of the amount ($50,164.55) required for such
infrastructure improvements. As previously mentioned the rough proportionate value
listed above will be credited against an appraised value of land for needed minimum
right of way for Kirk Lane outside the paving areas in a development agreement as part
of a final plat. Along with the platting of the 8.8 acre tract, the Morrows would like to
dedicate their share of Kirk Lane in lieu of any requirements that the Rough
Proportionality Determination ( "RPD") would have towards both the proposed Lot 1 and
the unplatted balance of their property (approximate 45 acres) for roadway
infrastructure improvements. After the right -of -way dedication the platted lot will be 7.45
acres. The Morrows have provided an appraisal of the property to be dedicated as Kirk
Lane. Based on this appraisal, the value of the portion of Kirk Lane ROW that is not
currently paved is $51,000. This amount is very close to the RPD for roadway
infrastructure improvements ($50,164.55) that would be anticipated if the entire 54 acre
Morrow property was to be platted. Therefore, it would be reasonable to waive future
RPD roadway infrastructure improvements in exchange for obtaining Kirk Lane ROW
now. A Development Agreement has been drawn up to provide for this waiver in
exchange for the dedication.
Staff is recommending approval of final plat for Lot 1, Block 1, Morrow Ranch Addition -
FP 2011 -03 and the Agreement Relating to Infrastructure Improvements [for the] Plat of
Block 1, Lot 1 of the Morrow Ranch Addition.
COUNCILMAN WELCH MOVED To APPROVE FP 2011 -03 AND THE AGREEMENT RELATING To
INFRASTRUCTURE IMPROVEMENTS FOR THE PLAT OF BLOCK 1, LOT 1, MORROW RANCH
ADDITION. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
E.0
PUBLIC WORKS
E.1
PW 2012 -404 GRANT AN EASEMENT LOCATED WITHIN THE SNOW HEIGHTS
ADDITION (BLOCK 25, LOTS 1 R & 2A) TO ATMOS ENERGY CORPORATION
APPROVED
Greg Van Nieuwenhuize, Public Works Assistant Director, summarized the item. The
City Council is being asked to grant an easement to Atmos Energy Corporation
( "Atmos ") across two (2) lots that the City awns at the southeast corner of the
intersection of Loop 820 and Rufe Snow Drive. The proposed new easement location
will not increase the costs to Atmos or the City — except for the cost of a survey services
(necessary for drafting the legal description of the proposed easement location). The
proposed easement location has been reviewed and approved by Atmos, TxDOT and
their Loop 820 contractor.
COUNCILMAN RODRIGUEZ MOVED TO APPROVE PW 2012 -014. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.0
GENERAL ITEMS
F.1
PU 2012 -006 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT TO
LEASE- PURCHASE REQUIRED DIGITAL RADIO EQUIPMENT
APPROVED
Jimmy Perdue, Public Safety Director, summarized the item. This item is to authorize
the City Manager to execute a Lease Purchase agreement with Motorola, not to exceed
$722,137.66 to lease- purchase the remaining required 'P25 digital flash upgrades and
upgrade dispatch console equipment to be compatible with the Fort Worth radio system.
COUNCILMAN LOMBARD MOVED TO APPROVE PU 2012 -006 TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A CONTRACT WITH MOTOROLA IN AN AMOUNT NOT TO EXCEED
$722,137.66 FOR REQUIRED P25 DIGITAL RADIO FLASHES AND CONSOLE UPGRADES.
COUNCILMAN SAPP SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.2
GN 2012 -011 CONSIDER ADOPTION OF THE NORTH RICHLAND HILLS HAZARD
MITIGATION ACTION PLAN - RESOLUTION NO. 2012 -004
APPROVED
Sean Hughes, Emergency Management Coordinator, presented the item. Council is
being asked to consider adoption of the North 'Richland Hills Hazard Mitigation Action
Plan. The Hazard Mitigation Plan focuses on natural hazards. North Richland Hills has
experienced a variety of natural disasters including flooding, tornadoes, and severe
hailstorms. Technological events have included large hazardous material spills and a
number of gasoline tanker accidents. Specific hazards and risks have been identified
and are addressed in this plan. The North Richland Hills Hazard Mitigation Action Plan
identifies natural hazards that pose a risk to our area. Vulnerabilities to those risks are
identified and quantified as appropriate. Goals, strategies, and projects to mitigate
those risks are identified and analyzed as part of the North Richland Hills Hazard
Mitigation Action Plan. The North Richland Hills Hazard Mitigation Action Plan can also
serve as a stand -alone document to facilitate identification and analysis of risks as well
as strategies and projects to mitigate those risks. It is anticipated that this document will
undergo changes in future years as our mitigation process develops and matures. The
planning team consisting of staff from all internal agencies, community volunteers and
business owners participated in development of the North Richland Hills Hazard
Mitigation Action Plan.
COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION NO. 2012 -004. COUNCILMAN
RODRIGUEZ SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.3
GN 2012 -012 RESCHEDULING OF MARCH 12, 2012 COUNCIL MEETING TO
MARCH 5, 2012
APPROVED
Patricia Hutson, City Secretary, summarized the item. Several Council members will
not be in the City for the March 12, 2012 City Council meeting. Staff is recommending
the meeting be rescheduled to March 5, 2012.
COUNCILMAN RODRIGUEZ MOVED TO APPROVE GN 2012 -012, TO RESCHEDULE THE MARCH
12, 2012 CITY COUNCIL MEETING TO MARCH 5, 2012. COUNCILMAN WELCH SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.4
GN 2012 -013 APPROVE ORDINANCE AMENDING CHAPTER 2, ARTICLE IV,
SECTION 2 -232 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES
INCREASING THE AUTHORITY OF THE CITY MANAGER TO SETTLE CLAIMS AND
SUITS - ORDINANCE NO. 3183
APPROVED
George Staples, City Attorney, summarized the item. Council is being asked to approve
Ordinance No. 3183, which will amend Chapter 2, article IV Section 2 -232 of the North
Richland Hills Code of Ordinances increasing the authority of the City Manager to settle
claims and suits against the City.
COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE NO. 3183. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
G.0
EXECUTIVE SESSION ITEMS
G.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
EXECUTIVE ITEM B.2
THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL
PROPERTY IN THE CENTRAL SECTOR OF THE CITY
APPROVED
Jimmy Perdue, Public Safety Director, summarized the item. The property owner (The
Hills Church of Christ) of 8850 NE Loop 820, have approached the City with interests to
sell 2.224 acre tract of land to the City. The City has utilized this property for years as
parking for our citizens.
MAYOR PRO TEM BARTH MOVED TO APPROVE EARNEST MONEY CONTRACT TO PURCHASE
2.224 ACRE TRACT OF LAND FROM THE HILLS CHURCH OF CHRIST LOCATED AT 6850 NE
LOOP 820, NORTH RICHLAND HILLS AND AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONTRACT AND CLOSING DOCUMENTS. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
H.Q
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS
Councilman Rodriguez grade the following announcements.
Registration is underway for Camp NRH, which will be held at the NRH Recreation
Center March 12th through 16th during Spring Break. A Tennis Camp and an Art Camp
are also being offered during Spring Break. To register or get more details, please call
the Recreation Center at 817 - 427 -6600.
The next Community Emergency Response Team training will take place on
Wednesday evenings from March 14th through May 30th. There will also be one
Saturday class. CERT is open to NRH residents and those who work in North Richland
Hills. Please visit the CERT website at nnccert.org to register and get more information.
Kudos Korner - Tim Sibley at the NRH Public Library. A patron left a comment card at
the Library thanking Tim for going the extra mile in explaining how to use eBooks. The
patron stated that Tim provided great customer service. He also noted that all of the
staff at the Library are real pro's at what they do and he appreciates their service.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:09 p.m.
Oscar Trevino — Mayor
ATTEST:
Patricia Hutson, City Secretary
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. B.2
PU 2012010 Award Bid 12 -017 for the Purchase of Light Duty
Vehicles to Holiday Chevrolet in the Amount of $276,604 and
Caldwell Country Chevrolet in the Amount of $83,990
Presenter: Thomas Powell
Summarv:
The City Council is being asked to award Bid 12 -017 for City Vehicles to multiple
vendors in the amount of $360,594.
General Description:
In the 201112012 approved budget, Council allocated $380,100 to replace fifteen (15)
vehicles for the Finance, Fire, Parks, Police, and Public Works departments.
Notice of the city's intent to bid was advertised in local newspapers, as required by
State statute and posted on the City Website. Eleven (11) vendors were contacted and
requested to participate in the bid process. Five (5) bids were received from the
following vendors:
VENDOR
NAME
Descriptio
QTV
n
Police
Package
6
SUv
Midsize 4
Door
3
Sedan
Midsize
Hybrid
3
Sedan
Midsize
2
Pickup
'/4 - Ton
2
Pickup
% - Ton
Pickup
2
Holiday Chevrolet Caldwell Country Classic Chevrolet Grapevine Dodge Reliable Chevrolet
Chevy Chrysler Jeep
Unit Total Unit I I Total Unit Total Unit Total Unit Total
$33,449 $200,694 $34,176 $205,056 $35,004. $210,026 No Bid No Bid $35,744 $214,464
No Bid No Bid $17,114 $51,342. $19,0870 $57,261. $17,120 $51,360 $19,524 $58,572
No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid
No Bid No Bid $16,324 $32,648 $16,214 $32,428 No Bid No Bid $16,488 $32,976
$20,236 $40,472 $20,676 $41,352 $20,709 $41,418 $21,490 $42,980 $21,101 $42,202
$17,719 $35,438 $17,776 $35,552 $18,498 $36,996 $18,081 $36,162 $19,121 $38,242
The low bid of $32,428 from Classic Chevrolet for the Colorado pickups did not meet
the specifications. In a discussion with City staff, Classic Chevrolet stated they would
need to increase their bid amount to meet the specifications. The next lowest bid which
met the bid specifications was from Caldwell Chevrolet for $32,648.
Recommendation:
To award Bid 12 -017 for the purchase of Light Duty Vehicles to Holiday Chevrolet in the
Amount of $276,604 and Caldwell Country Chevrolet in the Amount of $83,990.
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. C.0
PUBLIC HEARINGS
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. C.1
GN 2012 -014 Conduct a Public Hearing for the 38th Year Community
Development Block Grant Program
Presenter: Kristin Weegar
Summary:
The United States Department of Housing and Urban Development (HUD) requires that
a public hearing be held so that the City can receive comments and input from citizens
regarding the 38 Year Community Development Block Grant program project.
General Descrir)tion:
In 1996, HUD designated the City of North Richland Hills as a metropolitan city to
receive direct entitlement of Community Development Block Grant (CDBG) funds. Can
June 24, 1996 the City Council accepted the direct entitlement designation and entered
into an agreement with Tarrant County for the administration of the City's CDBG
program. As a result of the direct entitlement designation, the City is awarded an annual
grant on a formula basis to help provide a wide range of community development
activities.
CDBG funds are used in the revitalization of neighborhoods, economic development,
and to provide public facilities and services for low to moderate income persons. Eligible
CDBG projects include construction or rehabilitation of homes, basic infrastructure
development such as water /sewer facilities, streets and other programs that target
designated areas or persons. The programs /projects selected by the City must fall in the
geographic target area identified by the most recent census (2010 Census) as being in
an area with low to moderate income persons.
Each ,program year, the City must prepare and submit a CDBG program outlining the
use of these funds in accordance with HUD guidelines. The city has been awarded
$224,016 for the 38 Year Community Development Block Grant program.
This money will be used for the design and replacement of 1,400 linear feet of water
infrastructure located along the 5100 block of Jennings Drive and 8300 block of Dude
Court. This portion of the water line is being proposed as the City's 38 Year CDBG
Project because the line currently requires significant maintenance and operations costs
on an annual basis. The entirety of this project is located in the floodplain, and staff is in
the process of working with Tarrant County to get environmental clearance. Staff does
not foresee any issues in regards to attaining the clearance.
HUD requires that a public hearing be held so that the City can receive comments and
input from citizens regarding the 37th Year CDBG program project.
Recommendation:
To conduct the public hearing and receive public comments regarding the 38 Year
CDBG program.
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. C.2.
GN 2012 -015 Approve the 38th Year (201212013) Community
Development Black Grant Program - Resolution No. 2012 -005 (This
item is not a public hearing but is related to item C -1)
Presenter: Kristin Weegar
Summarv:
Following the public hearing it is necessary for City Council to take action regarding the
project to include in the 38 Year Community Development Block Grant (CDBG)
program. Tarrant County and the City of North Richland Hills have entered into a joint
agreement whereby Tarrant County is given the authority to administer the program.
General Descrivtion:
Each program year, the City must prepare and submit a CDBG program outlining the
use of these funds in accordance with HUD guidelines. The city has been awarded
$224,016 for the 38 Year Community Development Block Grant program.
This money will be used for the design and replacement of 1,400 linear feet of water
infrastructure located along the 5100 block of Jennings Drive and 8300 block of Dude
Court. This portion of the water line is being proposed as the City's 38 Year CDBG
Project because the line currently requires significant maintenance and operations costs
on an annual basis. The entirety of this project is located in the floodplain, and staff is in
the process of working with Tarrant County to get environmental clearance. Staff does
not foresee any issues in regards to attaining the clearance.
Recommendation:
Approve the 38 Year (2012/2013) Community Development Block Grant - Resolution
No. 2012 -005
M RH RESOLUTION NO. 2012 -005
WHEREAS, the City of North Richland Hills will receive direct entitlement of Community
Development Block Grant (CDBG) funds for the 38 (2012/2013) CDBG program year
and
WHEREAS, the schedule below represents the cities requested program for the 38
year (2012/2013) CDBG program year, and
Proiect $224,016.00
Replacement of 1400 linear feet of water line at the
5100 block of Jennings Drive and 8300 block of Dude
Court.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT the schedule above represents the City's CDBG program for the
38 funding year, 201212013.
PASSED AND APPROVED this the 27th day of February, 2012.
►,1a11*iii
Patricia Hutson, City Secretary
1�1 �:ZG] ►1=1IN- 11411011 to] N k►,1,1:I III I X0 I I wis
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
George A. Staples, City Attorney
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -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: 2 -27 -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: 2 -27 -2012
Subject: Agenda Item No. F.0
GENERAL ITEM'S
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. F.1
GN 2012 -016 Approve Suspension of March 6, 2012 Effective Date of
Atmos Energy Corp.., Mid -Tex Division's Requested Rate Change -
Resolution No. 2012 -006
Presenter: Karen Bostic
Summarv:
{,fin or about. January 31, 2012, Atmos Mid -Tex filed with the City a Statement of Intent
to increase rates within the City. The law provides that a rate request made by a gas
utility cannot become effective until at least 35 days following the filing of the application
to change rates. Atmos has proposed an effective date of March 6, 2012. The law
permits the City to suspend the rate change for 90 days after the date the rate change
would otherwise be effective. The purpose of the resolution is to extend the effective
date of Atmos Mid -Tex's proposed rate increase to give the City time to review the rate -
filing package.
General Descrirstion:
The City, along with approximately 153 other cities served by Atmos Energy Corp., Mid -
Tex Division ( "Atmos Mid -Tex" or "Company "), is a member of the Atmos Cities Steering
Committee ( "ACSC" or "Steering Committee "). As part of Cities' Settlement Agreement
with Atmos of a 2007 rate case, ACSC and Atmos created a substitute process for
annual piecemeal GRIP cases. That substitute process was called a Rate Review
Mechanism ( "RRM ") and was intended as an expedited but comprehensive rate review
that included a number of fixed values and constraints. The RRM was intended as a
three -year experiment. Last year, it was extended for a fourth year with some slight
modifications to the original formulas. Atmos has expressed a desire to reach a
settlement of the January 31, 2012 filing that includes a revised RRM process.
Atmos Mid -Tex filed a Statement of Intent on January 31, 2012, seeking to increase
system -wide base rates (which exclude the cost of gas) by approximately $49 million or
11.94 %. However, the Company is requesting an increase of 13.6 %, excluding gas
costs, for its residential customers. Additionally, the application would change the way
rates are collected, by increasing the residential fixed- monthly (or customer) charge
from $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic
feet ( "ccf ") to $0.07 per ccf. For the average residential customer, this would equate to
an increase of approximately $2.50 per month.
The purpose of the resolution is to extend the effective date of Atmos Mid -Tex's
proposed rate increase to give the City time to review the rate - filing package. The
resolution suspends the March 6, 2012 effective date of the Company's rate increase
for the maximum period permitted by law to allow the City, working in conjunction with
the other ACSC cities, to evaluate the filing, determine whether the filing complies with
law, and if lawful, to determine what further strategy to pursue, including settlement and
ultimately to approve reasonable rates.
Approval of the attached resolution would suspend the rate change for 90 days after the
date that the rate change would otherwise be effective so long as the City has a
legitimate purpose. Time to study and investigate the application is always a legitimate
purpose. If the suspension period is not otherwise extended by the Company, the City
must take final action on Atmos Mid -Tex's request to raise rates by June 4, 2012.
The resolution also recognizes the City's membership in ACSC and authorizes the City
to participate with other similarly situated cities served by Atmos Mid -Tex in order to
more efficiently represent the interests of the City and its citizens.
By law, the Company must reimburse the cities for their reasonable rate case expenses.
Legal counsel and consultants approved by ACSC will present their invoices to the City
of Arlington which will then seek reimbursement from Atmos Mid -Tex. The City will not
incur liability for payment of rate case expenses by adopting a suspension resolution.
Finally, the resolution states that it was passed at a meeting that was open to the public
and that the consideration of the resolution was properly noticed as well as provides
that both Atmos Mid -Tex's designated representative and counsel for ACSC will be
notified of the City's action by sending a copy of the approved and signed resolution to
certain designated individuals.
Recommendation:
Approve Resolution 2012 -006.
M RH
10 **Q Wil0I C ► I ► 161W'IT+1 f'ZoI+il
RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS
SUSPENDING THE MARCH 6, 2012, EFFECTIVE DATE OF ATMOS
ENERGY CORP., MID -TEX DIVISION ( "ATMOS MID -TEX ")
REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY
THE REQUEST AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH ATMOS CITIES STEERING
COMMITTEE ( "ACSC ") AND OTHER CITIES IN THE ATMOS MID -TEX
SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND
TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION AND APPEALS; REQUIRING
REIMBURSEMENT OF CITIES' RATE CASE 'EXPENSES; FINDING
THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE
OF THIS RESOLUTION TO THE COMPANY AND ACSC'S LEGAL
COUNSEL
WHEREAS, on or about January 31, 2012, Atmos Energy Corp., Mid -Tex Division
( "Atmos Mid -Tex" or "Company"), pursuant to Gas Utility Regulatory Act
§ 104.102 filed with the City of North Richland Hills ( "City ") a Statement of
Intent to change gas rates in all municipalities exercising original
jurisdiction within its Mid -Tex division service area, effective March 6,
2012; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
( "GURK) and under Chapter 104, §104.001 et seq. of GURA has
exclusive original jurisdiction over Atmos Mid -Tex's rates, operations, and
services within the City; and
WHEREAS, in order to maximize the efficient use of resources and expertise, it is
reasonable for the City to maintain its involvement in the Atmos Cities
Steering Committee ( "ACSC ") and to cooperate with the more than 150
similarly situated city members of ACSC and other city participants in
conducting a review of the Company's application and to hire and direct
legal counsel and consultants and to prepare a common response and to
negotiate with the Company and direct any necessary litigation; and
WHEREAS, Atmos Mid -Tex proposed March 6, 2012, as the effective date for its
requested increase in rates; and
WHEREAS, it is not possible for the City to complete its review of Atmos Mid -Tex's filing
by March 6, 2012; and
WHEREAS, the City will need an adequate amount of time to review and evaluate
Atmos Mid -Tex's rate application to enable the City to adopt a final
decision as a local regulatory authority with regard to Atmos Mid -Tex's
requested rate increase; and
WHEREAS, the Gas Utility Regulatory Act § 104.167 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety
(90) days; and
WHEREAS, the Gas Utility Regulatory Act § 103.62.2 provides that costs incurred by
Cities in ratemaking activities are to be reimbursed by the regulated utility.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1 THAT the March 6, 2612, effective date of the rate request submitted by
Atmos 'Mid -Tex on January 31, 2012, be suspended for the maximum
period allowed by law to permit adequate time to review the proposed
changes and to establish reasonable rates.
SECTION 2 THAT the City is authorized to cooperate with ACSC and its member cities
in the Mid -Tex service area and under the direction of the ACSC
Executive Committee to hire and direct legal counsel and consultants,
negotiate with the Company, make recommendations to the City regarding
reasonable rates, and to direct any necessary administrative proceedings
or court litigation associated with an appeal of a rate ordinance and the
rate case filed with the City or Railroad Commission.
SECTION 3 THAT the City's reasonable rate case expenses shall be reimbursed by
Atmos.
SECTION 4 THAT it is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public as required by law and the
public notice of the time, place, and purpose of said meeting was given as
required.
SECTION 5 THAT a copy of this Resolution shall be sent to Atmos, care of David Park,
Vice President Rates & Regulatory Affairs, at Atmos Energy Corporation,
Mid -Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240,
and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725.
PASSED AND APPROVED this the 27th day of February, 2012.
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Karen Bostic, Assistant City Manager
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item N o
GN 2012 -017
Alliance Golf,
Course
Presenter: Vickie Loftice
. F.2
Award of Management Agreement with Evergreen
Limited, L.P. for the Management of Iron Horse Golf
Summarv:
This item is to approve a five year contract with two one -year renewal options with
Evergreen Alliance Golf, Limited, L.P (hereinafter referred to as "EAGLE ") for the
management of Iron Horse Golf Course.
General Descrir)tion:
The management services at Iron Horse Golf Course have been provided contractually
since the course opened in 1992. The services have been provided through these
years by Evergreen Alliance Golf Limited (EAGLE), though the name of the company
has changed a few times due to change in ownership. The last management
agreement was approved in 'November 2006 and the term was three years with two
one -year options. Although the agreement expired on December 31, 2011 the same
terms of the agreement were extended month to month by mutual consent of both
parties. Time was needed to negotiate the terms of a new agreement. The intent was
to structure an agreement that would provide a higher degree of accountability for both
the continued financial success of the enterprise operation as well as our desire to
maintain Iron Horse's noted reputation as being a high quality municipal golf course.
During the negotiation time period representatives of both the City and EAGLE also saw
this as an opportunity to adjust for changes in the golfing industry and review
operational practices and standards as they relate to the Management Agreement.
A Request for Proposals was issued and four golf management firms responded. A
selection committee interviewed two firms, Billy Casper Golf and Eagle Golf and
ultimately selected Eagle Golf to continue managing the golf course based on past
history, performance, and the strong on -site management team lead by Antonio
Evangelista, Golf Course Manager. The selection process provided an opportunity to
measure and compare EAGLES's performance standards and overall management to
other golf management firms. And while EAGLE performed well, we identified
opportunities for improvement and have incorporated those changes into the new
agreement.
Overall, the City administration has been pleased with many of the successes of the golf
course. During the years, Iron Horse Golf Course has been recognized multiple times
as being one of the leading municipal golf courses, both in the Metroplex as well as
across the State. These recognitions came under the direction and management of
EAGLE and with the cooperation and assistance of the City of North Richland Hills.
During the agreement negotiation process a number of City staff were involved making
sure that the City's interests were well served. At the near conclusion of the process,
the agreement was reviewed by legal counsel representing both the City and EAGLE.
The result is a five year agreement with two one -year options for renewal that will serve
the City's investment and interests for this period. The proposed Management
Agreement will have a March 1, 2012 effective date and terminate on March 1, 2017.
The two one -year options would include calendar years 2018 and 2019.
The following are major highlights of both the proposed agreement and the current
agreement:
Highlights of Proposed Iran Horse Golf Course
Management Agreement
Proposed Agreement
■ Term — 5 year with two 1 year options
Current Agreement
■ Term — 3 year with two 1 year options
• EAGLE to manage in accordance with
major policy decisions made by City
• Budget, Business Plan, and CIP
prepared and submitted by EAGLE on
same timing and policies as other City
departments
• Same as previous agreement with
additional provision that requires the
existing General Manager remain with
Iron Horse for a minimum of 12 months
unless he leaves the employment of
EAGLE Golf
• In addition to the existing Operational
standards, EAGLE shall be required to
provide updated customer service
standards and a customer culture training
manual each year for the City's review.
The customer service plan shall include
quality assurance programs, including
customer surveying; `secret shopper' on-
site visits and telephone sales calls
• EAGLE approves all pricing of food and
beverage
• EAGLE to manage in accordance with
major policy decisions made by City
• Budget, Business Plan, and CIP
prepared and submitted by EAGLE on
same timing and policies as other City
departments
• City shall approve hiring of General
Manager position only and may require
termination
■ Operational Standards for all Service
Areas approved by City
• EAGLE approves all pricing of food and
beverage
Proposed Agreement
• Posted golf fees subject to approval by
City Management. Promotions at
discretion of EAGLE
• The "Base Management Fee" shall be an
amount equal to 4.5 percent ( 4.5% ) of
monthly Cash Inflows for the previous
month due and payable on the fifteenth
day of each month
• Agreement does not provide for contingent
Profit Sharing Fees
• EAGL submits monthly financial
statements to City
• City retains right to inspect and audit —
expense to facility
• City retains right to commission various
service measuring programs — expense
to facility
• EAGLE Default — City may terminate
• City Default — EAGLE may terminate
• EAGLE carries comprehensive insurance
Current Agreement
• Posted golf fees subject to approval by
City Management. Promotions at
discretion of EAGLE
• Base Management Fees:
Jan. 1, 2807 - $8400.00/month
Jan. 1, 2808 - $8610.00fmonth
Jan. 1, 2889 - $8825.25/month
Jan. 1, 2810 - $9845.88fmonth*
Jan. 1, 2811 - $9272.031month*
* Applies if contract extensions are approved
• Contingent/Profit Sharing Fees
10% of net cash flow for entire fiscal
year paid annually after year end
• EAGL submits monthly financial
statements to City
• City retains right to inspect and audit —
expense to facility
• City retains right to commission various
service measuring programs — expense
to facility
• EAGLE Default — City may terminate
• City Default — EAGLE may terminate
• EAGLE carries comprehensive insurance
In addition, we are highly interested that Iron Horse Golf Course continues to be
managed with attention to exceptional customer service, and that the Course, CA's Grill,
Pro Shop, and other facilities are managed with superior attention to detail and quality.
A section has been included in the new agreement that outlines the City's expectations
in detail. Staff believes it is extremely important to communicate our desires for the
quality care and attention to our citizens' investment in this valuable asset for North
Richland Hills.
Recommendation
Authorize the City Manager to enter into an agreement with Evergreen Alliance Golf
Limited, L.P. for management services at Iron Horse Golf Course
Management Agreement
For the Management of Iron Horse Golf Course
North Richland Hills, Texas
This MANAGEMENT AGREEMENT (the "Agreement ") is made and entered into as of
February , 2012 by and between The City of North Richland Hills (hereinafter referred to
as "City") and Evergreen Alliance Golf Limited, L.P. a Delaware limited partnership (hereinafter
referred to as "EAGLE ").
Recitals
A. City desires to promote and provide for the management of Iron Horse Golf
Course, to include the clubhouse, cart facility, maintenance building and appurtenances, and any
other golf course or golf - related facility developed on the property depicted on Exhibit "A"
(collectively referred to as the "Facility "). The "Facility' shall be deemed to include all areas of the
property and not just the improved areas.
B. EAGLE is a professional golf course management company with experience and
expertise related to golf course management and promotion.
C. The parties agree that EAGLE is not an agent or employee of City, and all activities
of EAGLE relating to the Facility shall be in EAGLE's capacity as independent contractor to City.
D. The City desires to retain EAGLE to manage and operate the Facility on behalf of
City pursuant to the terms and conditions of this Agreement.
Agreement
The parties agree as follows:
1. Term of Agreement. The term of this Agreement shall begin on March 1 , 2012,
and shall end at 11:59 p.m. on the day preceding the fifth (5th) anniversary of the start date, subject
to the termination provisions of Sections 9 and 10 hereof. This Agreement may be extended for
two (2) one year terms by mutual consent of the City and EAGLE. The intent of either party, or
both, shall be stated in writing to the other party at least ninety (90) days prior to the end of the term
of the Agreement.
Adnim lronHorseGo] fCourse . /27 /12/Page 1 of53
2. Services to be Performed by EAGLE. During the term of this Agreement,
EAGLE shall operate and provide the services ordinarily provided by a full service golf course
management firm for a golf course owned by a municipality, including but not be limited to, the
collection and disbursement of all monies, the employment of all employees, the promotion and
management of the golf course, the purchase and sale of food, beverages, merchandise, supplies and
services, assist with the management of facility - related litigation, the purchase and maintenance of
insurance coverage, the handling of disputes with third parties, the collection and payment of all
appropriate taxes and the performance of all other day -to -day activities relative to the Facility..
With respect to the operation of the Facility, the parties hereto agree as follows:
a. City Authorization. City hereby grants and delegates to EAGLE the
authority and the responsibility necessary to permit EAGLE to perform its duties under this
Agreement and to do any and all acts deemed necessary or desirable for operation and maintenance
of the Facility and agrees to take such additional steps as are necessary to evidence such delegation
and authorization as is reasonably requested by EAGLE. City hereby grants to EAGLE the
exclusive management of the Facility during the term of this Agreement or any renewal hereof for
said purposes. City shall not grant to any third party any rights to use or occupancy of all or any
part of the Facility during the term of this Agreement without EAGLE's written consent, save and
except for the purpose of natural gas exploration and/or development. At no time shall such use
impede the operation of the Facility.
b. Maior Decisions. From time to time, EAGLE may submit to City for
approval regarding proposals for major initiatives, capital improvements or events that impact the
Annual Budgets (as defined in Section 2.d hereof). EAGLE shall secure City's prior approval of all
such major proposals exceeding $10,000. EAGLE shall, to the best of its ability, operate the
Facility in accordance with the major policy decisions approved by the City. The City desires and
encourages advancement in the use of technology and creativity to ensure the Facility maintains its
status of being one of the leading municipal golf courses in the State of Texas. The parties agree
that the Facility shall at all times be open to the general public..
C. Operational Guidelines. EAGLE has developed a set of updated guidelines
("Operational Guidelines ") for the Facility which is attached as Exhibit "B ". The Operational
Guidelines shall include hours of operation for the golf course, the clubhouse, the pro shop and
other facilities, standards and practices that will be sufficient to provide playing conditions that are
consistent with the Facilities market position and competitive with conditions at comparable
facilities, quality control programs, customer service standards, preventative maintenance
programs, and other policies relating to the operation of the Facility. All amended versions shall be
approved in writing by City administration. EAGLE shall be required to provide updated customer
Admmilro�orseGo] fCoursefManagementAgr102 /27 /12/Page 2 of 53
service standards and a customer culture training manual each year for the City's review. The
customer service plan should include quality assurance programs, including customer surveying;
`secret shopper' on -site visits and telephone sales calls.
d. City's Management Expectations. The city has created and developed a
superior quality golf course, recognized by the industry several times since its opening as being one
of the leading municipal golf courses within the State of Texas. It is the expectation of the City that
this status be maintained or improved. The City's Management Expectations are expectations of
the City as to EAGLE's responsibilities and level of performance. They are outlined on the
attached Exhibit "C.11
e. Annual Budeets. EAGLE shall submit a proposed operating budget (the
"Proposed Annual Budget ") to City for the upcoming Fiscal year. The proposed Annual Budget
shall be prepared on forms provided by the City and shall be prepared in compliance with policies
and time lines of the City's Budget Department and annual budget process. The proposed annual
budget will be developed and submitted using the account structure developed for EAGLE by the
City. The Proposed Annual Budget shall include a Business Plan and proposed capital
improvements for the following fiscal year. The Proposed Budget, subject to modifications by the
City, shall be approved prior to October 1' of each fiscal year along with other city department
budgets.
f Promotion of Golf Activities. EAGLE shall coordinate and direct all work
done in the promotion, advertisement and public relations with respect to the Facility. EAGLE
shall coordinate the creation or modification of graphics, logos and other visual materials for
letterheads, envelopes, temporary and permanent signs, brochures, information profiles, progress
reports, press releases and bulletins, however, the City shall first review and consider approval of
all graphic design work used in the promotion of Iron Horse prior to final authorizations. Every
effort should be made to prominently "brand" Iron Horse Golf Course in promotion, advertisement
and public relations.
g. Facility Personnel. EAGLE shall hire Facility staff including all on -site
management personnel, golf professional staff, assistant golf professional staff, golf course
superintendents, food and beverage staff, house and grounds maintenance personnel, janitorial staff,
administrative staff and others deemed by EAGLE to be appropriate for the efficient operation of
the Facility. Such personnel shall be hired and employed by EAGLE. Notwithstanding anything to
the contrary herein, the position of General Manager shall be approved by the City prior to filling, a
final decision shall be made by the City within seven (7) business days after notification by
EAGLE. The City shall also have the right to request that EAGLE replace the General Manager's
min / r onHo rseG o] fCour se/MmagemmtAgr102 /27 /12/Page 3 of 53
at Iron Horse Golf Course, which request may not be unreasonably refused. EAGLE agrees that all
personnel handling cash or accounting records shall have a criminal background check conducted
prior to assuming those duties. City will notify EAGLE of any problems or concerns it may have
with any EAGLE employee and EAGLE will conduct an immediate investigation. EAGLE will
then take appropriate action in response. EAGLE will provide a timely report to the City indicating
the outcome of the investigation and any actions taken. The parties agree that the City can require
EAGLE to add personnel to meet public demands based upon similar staffing levels at comparable
golf courses. City in no way shall be responsible for the compensation or management of such
personnel. Under the terms of this contract, the existing Iron Horse Golf Course Manager, Antonio
Evangelista, shall not be transferred from Iron Horse Golf Course to any another EAGLE managed
or operated golf course from February 2012 to February 2013.
h. Food, Beverage and Merchandise. EAGLE shall provide food, beverage and
merchandise services to customers with the highest standards of care and cleanliness at all times.
City shall permit the sale of beer, wine and liquor at the Facility. EAGLE shall ensure that the
necessary State of Texas local liquor licenses, and all other permits and approvals are in place prior
to the sale. It is understood that EAGLE cannot guarantee factors outside of its control that may
prohibit the timely issuance of the liquor licenses. City shall cooperate with EAGLE in obtaining
such licenses, permits and approvals. EAGLE shall comply with all laws relating to the sale of
alcoholic beverages. Knowing, willful failure of EAGLE to attempt to obtain valid State of Texas
and local liquor licenses for a period of thirty (30) consecutive days shall be grounds for City to
terminate this Agreement for cause, unless said failure is due to the actions of City or to
circumstances beyond the reasonable control of EAGLE. In addition, EAGLE shall purchase and
sell such other food, beverage and merchandise at the Facility for such prices as EAGLE deems
prudent. If EAGLE is negligent in the sale of beer, wine, or liquor at the Facility and any licenses
or permits are revoked, EAGLE has ninety (90) days to correct the infraction and apply to have the
revoked license or permit reinstated. Failure to correct this infraction shall be grounds for City to
terminate this agreement.
i. Golf Fees. Posted fees for golf, and all subsequent changes, shall be
approved by the City management. Promotional programs may be utilized at the discretion of
EAGLE in order to maximize revenues based on market conditions.
j. Corporate Purchasim. Due to EAGLE's size, it is able to negotiate
national purchasing contracts with certain vendors. If the Facility utilizes such national
purchasing contracts, EAGLE agrees to share a percentage of any marketing allowances received
in conjunction with such agreements with the City. City will also benefit from EAGLE's
negotiated pricing, however all equipment leases and operating contracts will be in the name of
*r+ 4 ronunrseGo lfCourse /ManagementAgr102 /27 /12/Page 4 of 53
City.
k. Point of Sale System. In order to best seine the City, EAGLE shall use a
Point of Sale system (PQS' ), purchased by City, that is compatible to EAGLE's POS..
1. Capital Improvement Proiects. In accordance with the Annual Budget and
as approved by the City, undertake, repair, and replace all identified capital improvement projects
irk accordance with all state and federal laws. Depending on the specific improvement, projects may
be coordinated with the corresponding city department, i.e. Public Works, Parks and Recreation,
etc.
m. Building and Grounds Maintenance. EAGLE at all times shall maintain the
buildings and grounds maintained with the Facility to the highest standards free from rubbish,
debris and litter, in good repair and condition and in an attractive manner.
n. Contingent Management Fees. Upon execution of this Agreement, EAGLE
shall be deemed to have waived all claims relating to Contingent Management Fees under previous
contracts with City.
3. Net Cash Flow. On the 15th day of each month during the term of this Agreement
or any renewal hereof, EAGLE shall pay to City one hundred percent (LOCI %o) of the Net Cash Flow
from the Facility, determined in accordance with the provisions of this Section, for the period
ending on the last day of the preceding month. "Net Cash Flow" shall be a dollar amount, equal to
(a) Cash Inflows less (b) the sum of Cash Outflows (including approved capital expenses).
a. Cash Inflows. "Cash Inflows" shall mean all cash receipts (i.e. — no
accruals) of any kind fiom operation of the Facility, including but not limited to, green fees, cart
rentals, range fees, proceeds from the sale of food, beverage and merchandise, rebates, rentals,
proceeds fiom the sale of assets, interest income, and insurance proceeds. Cash Inflows shall not
include fees collected for golf lessons if the fees are paid directly to the professional providing such
lessons.
b. Cash Outflows. "Cash Outflows " shall mean all cash expenses (i.e. — no
accruals) made in connection with or for the benefit of the Facility, and payment for:
(1) Employee related expenses including, but not limited to, payroll,
payroll taxes, employee benefits (including insurance, health and welfare benefits), unemployment
insurance and taxes, 441(k) contributions, employee disputes and litigation, testing, hiring and
min4r mHo rse[, o] fCourse /ManagementAgr102 /27 /12/Page 5 of 53
training. Bonuses paid by EAGLE to its employees are not subject to expense by the City unless
included in the approved budget and earned according to EAGLE guidelines.
(2) Notwithstanding anything else to the contrary in this Contract, City
shall not be responsible for and shall not be required to reimburse EAGLE for the cost of employee
claims, attorney fees or litigation expenses arising out of claims for race, sex, age, or other
discrimination alleged to have been committed by EAGLE.
(3) Sales, use, rental and other taxes and governmental fees and charges
assessed against the Facility or its operation.
(4) Cost of food, beverage, merchandise and supplies and all other
inventory,
(5) Costs associated with the procurement and maintenance of Insurance
(including the insurance coverage specified in Section 13 hereof) including all deductibles and self -
insured retentions;
(b) Cost associated with marketing, advertising and promotion of the
Facility;
(7) Acquisition costs, lease payments and debt service payments for
equipment, furniture, fixtures and other capital items;
(S) License fees, dues and subscriptions;
(g) Costs of maintaining and improving the golf course, pro shop,
clubhouse and other pails of the Facility;
(10) Base Management Fees (as defined in Section +6 hereof) paid to
EAGLE in accordance with this Agreement;
(11) All fees associated with the Facility banking, accounts, or audits;
(13) With the prior approval of City, fees of outside consultants and third
party contractors retained by EAGLE in connection with the operation of the facility
Adnun IronHorseGolfCourse , /27 /12/Page 6 of 53
(14) Travel/training incurred in connection with the operation of the
facility by employees of the facility only.
(15) Other costs reasonable and customary in the industry
(16) All obligations and costs to defend all disputed claims arising out of
or resulting from EAGLE's activities conducted in connection with or incidental to this Agreement.
c. Actual Capital Expenditures. "Actual Capital Expenditures" shall mean all
cash payments for equipment, furniture, fixtures, Facility improvements and repairs, capital items
and other customary expenses incurred in the operation of Facility in compliance with City
capitalization policies. In the event of an emergency, EAGLE is authorized to make an otherwise
unapproved capital expenditure. EAGLE will notify City within fifteen (15) business days
following making such expenditure. For purposes of this Paragraph, "Emergency" shall mean any
improvement or maintenance required to ensure the health and safety of the Facility's guests or
employees, or as otherwise required by operation of law.
d. Approved Reserves. "Approved Reserves" shall mean the amount of cash
approved by City to be held by EAGLE for future operation of the Facility, but in no event less than
one month's operating Cash Outflows. City shall pre -fund the Facility Accounts (defined hereof)
with the Approved Reserves within 5 business days of the Start Date of this Agreement.
4. Advances from City. If, at any time, the Approved Reserves from the operation of
the Facility are not sufficient to meet the actual Cash Outflows as they become due, City shall
advance to the Facility the amount of cash necessary to meet such obligations (such amount being
referred to as an "Advance "). EAGLE shall supply sufficient documentation for such requested
advances.
5. Accounts. All Cash Inflows, Advances and Approved Reserves shall be held by
EAGLE for City, subject to such funds being disbursed for Cash Outflows and Actual Capital
Expenditures. EAGLE shall maintain one or more separate accounts (collectively referred to as
"Facility Accounts "), which may include interest earning accounts, at one or more commercial
banks, each approved in advance by City, for the receipt of Cash Inflows, Advances and Approved
Reserves and for the payment of actual Cash Outflows and Approved Reserves. EAGLE shall
account to City and pay all payments due to City from Facility Accounts in accordance with this
Agreement. EAGLE shall not commingle Cash Inflows, Advances and Approved Reserves with
other money or accounts, and shall not take any money or property from the Facility Accounts or
from the Facility except to make payments for actual Cash Outflows and Approved Reserves as set
Admmi lronHorseGolfCourse fManagementAgr102 /27 /12/Page 7 of 53
forth in this Agreement. EAGLE shall not purchase goods or services from an entity affiliated with
EAGLE unless such purchase is on terms reasonably competitive with terms available from non-
affiliated sources.
6. Management Fees. The "Base Management Fee" shall be an amount equal to 4.5
percent (4.5 %) of monthly Cash Inflows (as defined in Section 3.a.) less proceeds from the sale of
assets, interest income, and non - business interruption insurance proceeds for the previous month..
This fee is due and payable on the fifteenth day of the following month. Eagle is to provide detail of
the calculation of management fee withheld from net operations with each monthly financial
statement report submission to the City's finance department.
EAGLE shall deduct the payment for management fees from net operations of the
Golf Course each reporting fiscal month. All fees paid to Eagle Parent Company from Iron Horse
Operations shall be recorded and reported in separate budgeted line item on Eagle's financial
system labeled as "Management Fees ".
7. Accounting. EAGLE shall maintain books and records relating to the business
activities of the Facility separate from its other books and records. EAGLE shall prepare an
opening balance sheet listing assets and liabilities used or incurred in the operation of the Facility.
Thereafter, EAGLE shall have monthly financial statements prepared which shall include unaudited
balance sheets and income statements (each month's records shall be referred to separately as the
"Monthly Financial Statements ") prepared as if the operation of the Facility is a business entity
separate from EAGLE and City. EAGLE shall deliver a copy of the preceding month's Monthly
Financial Statements within fifteen (15) calendar days after the end of that month, except where
circumstances beyond the reasonable control of EAGLE delay delivery of such statements. City
agrees that if actual practice indicates the deadline set forth in the preceding sentence is impractical
or impossible for EAGLE to meet, City shall modify such requirements. In addition, EAGLE shall
deliver a copy of its audited financial statements for each calendar year during the term of this
Agreement or any renewal thereof. At any time during the term of this Agreement, upon five (5)
business days advanced notice and during normal business hours of operation, and for three (3)
years after the conclusion of this agreement, City shall be entitled to inspect the books and records
of the Facility, all Monthly Financial Statements, and the City may conduct an audit of the Facility.
If an audit is prepared at the request of the City, such Cash Outflow shall be an eligible Cash
Outflow of the Facility as defined in Section 3.b.12 above.
EAGLE shall provide City with a complete list of Facility assets within 10 business
days of receiving such request from City. EAGLE agrees to provide detailed explanation to City of
all changes in capital asset accounts. Such explanation shall accompany the monthly financial
A dmm/ r onHa rseGol fcourse /ManagementAgr/02 /27 /12/Page 8 of 53
reports which are due to City on or before the fifteenth (15) calendar days after the end of the month
in which the change occurred. Detailed explanation includes, but is not limited to: the description
of the asset purchased, sold, or otherwise disposed; purchase price of the asset or proceeds received
from the sale of the asset; asset serial or other identifying number; and other pertinent details
typically included in a sub - ledger of assets. EAGLE further agrees to provide detailed account
activity and other accotmting -type reports within 10 business days of receiving such request from
City or City's auditors.
8. Measurement Devices. The City shall have the right to commission various
service measuring programs to determine the performance of EAGLE. These may include golf
course audits, customer surveys, or other measurement devices created to provide non - biased
feedback to the City about the overall operation of the Facility. The fees for such services shall be
paid from the Facility accounts. Within thirty (30) days of receiving the results of any
commissioned measurement device, the City shall provide copies of the full report to EAGLE. The
results of these devices may be used by the City in det erminin g the continued services of EAGLE or
the extension/renewal of Management Agreement.
9. Default by EAGLE.
a. Events of Default. Any one or more of the following events shall, unless
cured in accordance with Section 9.b.. hereof, constitute a default of this Agreement by EAGLE
( "Default "):
(1) Failure to timely submit monthly net cash flows to the City.
(2) A material breach of the obligations of EAGLE under Section 5 of
this Agreement; or
(3) A discontinuance by EAGLE of its business or abandonment of its
activities at the Facility, or
(4) A material breach of any material term or provision of this
Agreement, which remains uncured 30 days after EAGLE receives notice thereof; or
b. Cure EAGLE shall have fifteen (15) days after receipt of written notice
from City specifying the nature of its Default under Section 9.a., hereof, within which to cure such
Default, or such longer period of time as may be reasonably required to cure such Default provided
that EAGLE promptly commences the remedy of such Default and is continuing diligently to
complete such cure.
Adnun IronHorseGolfCourse . /27 /12/Page 9 of 53
C. Exercise of Termination Option. In the event of a Default under Sections
9.a(1), (2), or (3) hereof, City may immediately terninate this Agreement upon expiration of the
cure period described in Section 9.b hereof, by delivering to EAGLE written notice of its election to
terminate the Agreement, provided that EAGLE has not timely cured the Default. City shall pay all
amounts owed to EAGLE within three (3) business days of termination. In the event of a Default
under Section 9.a(4) hereof, the City may give written notice of termination to EAGLE and
termination shall become effective thirty (30) days after such termination notice is received by
EAGLE. City shall pay all amounts owed to EAGLE within three (3) business days of t
10. Default by City.
a. Events of Default by City. Any one or more of the following events shall
constitute a default of this Agreement:
(1) A breach of any material tern of this Agreement;
(2) Failure to timely Advance fiords to EAGLE pursuant to this
Agreement.
b. Cure City shall have fifteen (15) days after receipt of written notice from
EAGLE specifying the nature of its Default under Section 10.a, hereof within which to cure such
Default, or such longer period of time as may be reasonably required to cure such Default provided
that City promptly commences with the remedy of such Default and is continuing diligently to
complete such cure..
C. Exercise of Termination Option. In the event the City fails to timely cure a.
Default, EAGLE may give written notice of termination to the City and termination shall become
effective thirty (30) days after such notice is received by the City. City shall pay all amounts owed
to EAGLE within three (3) business days of termination.
11. Transfer Upon Termination. Upon termination of this Agreement, EAGLE shall
immediately transfer and assign to City all assets of the Facility which would properly be reflected
on the Financial Statements of the Facility as provided in Section 7 of this Agreement. The City
shall assume all obligations and contingent liabilities relating to the Facility, other than contingent
tort liabilities which result from the intentional malfeasance or negligence of EAGLE or its agents
or tort liability resulting from premises defects..
a. Assets to be Transferred. Assets to be transferred and assigned to City shall
include, but not be limited to, all of EAGLE "s right, title and interest to any of the following arising
. nin4rmun o] fCmrse /ManagementAgr102 /27 /12/Page 10 of53
out of activities of the Facility or purchased by EAGLE from Advances from City, or Cash Inflows
of the Facility (other than insurance proceeds relating to liabilities not required to be assumed by
City):
(1) Cash and investments in the Facility Accounts;
(2) Accounts receivable;
(3) Other receivables;
(4) Inventories of merchandise, food, beverages and supplies;
(5) All equipment, furniture and fixtures;
(b) Prepaid accounts and deposits:
(7) Contract rights;
(S) Course specific trade names;
(9) Property level books and records;
(10) Property level proprietary information; and
(11) Property level goodwill.
b. Liabilities to be Assumed. Liabilities which City assumes, or against which
City shall indemnify EAGLE, shall include all debts and other contractual obligations arising out of
the operation of the Facility. Such assumption of liability shall not include any tort liability
resulting from premises defects, the intentional wrong doing or negligence of EAGLE or its agents.
C. Closim. The transfer of assets and assumption of liabilities shall occur on
the effective date of any termination unless the parties agree otherwise.
12. Indemnity.
a. Indemnification by City. The City shall, to the extent allowed by law,
except as to matters covered by insurance required hereunder indemnify and hold harmless and
defend EAGLE, its officers, agents and employees from and against all liabilities for any and all
min /ronHo rseGo]f'Cours a /lyManagementAgr/02 /27 /12/Page 11 of53
claims, liens, suits, demands or actions for damages, injuries (including death) to persons, property
damage (including loss of use), and expenses including court costs and reasonable attorneys' fees
and other reasonable costs arising out of or resulting from the liabilities and obligation to be
assumed by the City in accordance with Section 11 of this agreement. Nothing herein shall operate
as a waiver of governmental im Yl niity or consent to be sued.
b. Indemnification by EAGLE. Indemnity. EAGLE shall INDEMNIFY,
DEFEND (upon the City's request), and HOLD HARML City, as well as City's, officers,
directors, and employees (collectively, the "City Indemnitees ") from and against all claims,
lawsuits, actions, proceedings, losses, costs, damages, injuries, assessments, fines, penalties,
liens, reasonable and necessary attorneys' fees and court costs, or awards of any kind or nature
whatsoever, including any loss of or damage to City's real or personal property or its business
operations (regardless of whether a third party asserts a claim), and the loss of or damage to any
property, or injury to or death of any person, asserted by any person, frm, governmental agency
or corporation whomsoever (including, without limitation, EAGLE, its employees, invitees,
contractors and subcontractors or their employees and the City's employees, invitees and tenants,
contractors, subcontractors and their employees, including survivors claiming under the wrongful
death statute) that relate to, arise out of, or are otherwise connected with (a) any injuries to or
death of any person occurring on or by reason of the person's presence on the land where the golf
course is located, (b) activities, operations or omissions of or on behalf of EAGLE (or one of its
contractors, subcontractors and/or their employees) on the Leased Premises, (c) any violation of
any Legal Requirement or the imposition of any obligation to protect health or the environment,
including the violation of any environmental regulatory law or regulation.
C. Notice of Claims. EAGLE and City shall provide each other with prompt
written notice of any event covered by the indemnity sections of this Agreement and in the event a
claim or action is filed, each party may employ attorneys of its own choosing to appear and defend
the claim or action on its behalf. Failure to provide such notice, however, shall not limit any party's
indemnity obligations hereunder.
d. Limitation of Liability. Except for losses for which insurance is provided,
the liability of EAGLE hereunder shall be limited to the amount of the annual Base Management
Fee, and in no event shall any other assets of EAGLE or any constituent member or other Affiliate
of EAGLE be subject to any claim arising out of or in connection with this Agreement.
Notwithstanding anything contained herein to the contrary, the liability of City hereunder shall be
limited to the amount of the annual Base Management Fee,
13. Insurance. As an expense of the Facility, EAGLE shall obtain liability insurance of
Adnua lronHorseGo] fCoursefManagementAgr102 /27 /12/Page 12 of53
the types and in the amounts set forth hereof from an underwriter(s) licensed to do business in the
State of Texas. EAGLE shall f nnish to City certificates of insurance, evidencing the required
insurance, on or before the Start Date, and thereafter shall furnish new certificates upon request. So
long as City is not in breach of this Agreement, EAGLE shall obtain and maintain the following
types and amounts of insurance, for the term of this Agreement and any renewal hereof:
a. Type and Amount of Insurance. The type and amount of insurance EAGLE
shall obtain for the Facility shall be as set out below
lid" Ali
(1) Worker's Compensation and
Employer's Liability or
reasonably acceptable alternative
M-13516100 Wl
Statutory
(2) Comprehensive General (Public)
Liability (or its equivalent)
to include (but not limited to)
the following:
(a) Premises /Operations
(b) Independent Contractors
(c) Personal Injury
(d) Products /Completed operations
(3) Fidelity Insurance - covering all
employees and officers having
access to monies collected.
(4) Property Insurance - for physical
damage to the property of EAGLE
located at the Facility, including
improvements and betterments to
to the Facility.
(5) Comprehensive Automobile Liability
Bodily Injury:
$ 500,000 -per person
$1,000,000 -per occurrence
and
Property Damage:
$ 250,000 -per occurrence
or
$1,000,000- Combined Single
Limit for bodily injury and
property damage.
Amount sufficient to protect the loss of
the largest dollar amount in the control
or possession of an employee at any given
time, but not less than $100,000 or such other
amount as requested by the City).
Coverage for minim of one hundred
percent (100 %) of the fair market value
of property.
Bodily Injury:
A dmin4r mHo rseGol fcourse [ManagementAgr/02 /27 /12/Page 13 of53
(or its equivalent) - to include
coverage for:
(a) Owned/Leased Automobiles
(b) Non -owned Automobiles
(c) Hired Cars
(b) Corporate Liability Umbrella
$ 500,000 per person
$1,000,000 per occurrence
and
Property Damage:
$ 250,000 per occurrence
or
$1,000,000 Combined Single Limit for bodily
injury and property damage.
At least $10,000,000
b. Additional Insurance Reauirements. With respect to the above - described
insurance, EAGLE agrees to:
(1) Have City named as an additional insured, or an insured as its
interest may appear, and
(2) Provide thirty (30) days' written notice of any material change,
termination or cancellation;
(3) Provide for a waiver of subrogation in favor of the City.
14. Covenant of Cooperation. EAGLE shall provide City with prompt written notice
of any material injuries suffered at the Facility, significant complaints, whether written or
otherwise, about the Facility or its management, and actual or anticipated disputes with or claims by
third parties, including, but not limited to, adjacent landowners. EAGLE further covenants to
cooperate with City in resolving any such complaints, disputes or claims and City covenants to
cooperate with EAGLE in resolving any such complaints, disputes or claims.
15. City's Representations and Warranties. To induce EAGLE to enter into this
Agreement, City makes the following representations and warranties to EAGLE.
a. Each of the Recitals set forth in this Agreement is true and correct.
b. City owns or has the legal right to control the Facility free and clear of all
liens and encumbrances.
C. City has power and authority and all legal rights to enter into and perform
ActnuaLronliorseGoY Course . /27 /12/Page 14of53
this Agreement. The officers of City executing this Agreement are duly and properly in office and
fully authorized to execute the Agreement. This Agreement, when duly authorized, executed and
delivered by the patties hereto, shall create a valid and binding obligation on the part of City,
enforceable against City in accordance with its terms.
d. Except as previously disclosed in writing to EAGLE, there are no actions,
suits or proceedings pending or, to the knowledge of City, threatened against City or affecting City,
the Facility or any of City's assets, properties or rights, at law or in equity, by or before any court,
arbitrator, administrative or governmental body or other person. Except as previously disclosed in
writing to EAGLE, City is not in violation or default with respect to any applicable law or
regulation which affects the Facility or the condition (financial or otherwise) of the City and the
Facility fully complies with all applicable federal, state and local laws, ordinances, regulations,
orders and directives.
e. The Facility is adequate and in sufficiently good condition for EAGLE to
operate a golf course, pro shop, clubhouse and other services contemplated by the terms of this
Agreement. The Facility has all water and utility hook -ups necessary to operate the golf course, pro
shop, clubhouse and other services contemplated by the terms of this Agreement.
f. To the best of City's knowledge after reasonable investigation, City further
represents and warrants (and such further representations shall remain in full force and effect
indefinitely, accruing to the benefit of EAGLE and its successors and assigns) that:
1. There are no hazardous substances on, under or in the Facility,
whether contained in barrels, tanks, equipment (movable or fixed) or other containers deposited or
located in land, water, sumps or in any other part of the Facility or incorporated into any structure
on the Facility or otherwise existing thereon, except the existing permitted above ground fuel tanks
located on the Facility;
2. There is no pending lawsuit, agency proceeding or legal, quasi -legal
or admitushative challenge concerning the Facility, the operation of the Facility or any condition
existing thereon, and no such claim, litigation, proceeding or challenge is proposed or threatened by
any person or entity, or otherwise anticipated by City of which EAGLE has not been made aware,
and the Facility and all operations thereon are not in violation of applicable law, and no
governmental entity has served upon City any notice claiming any violation of any statute,
ordinance or regulation or noting the need for any repair, remedy, construction, alteration or
installation with respect to the Facility, or any change in the means or methods of those conducting
operations thereon;
n4mnun rseG, o] fCourse /ManagementAgr102 /27 /12/Page 15 of53
3. The Facility (and, to the best of City's knowledge, nearby property)
has never been used for any industrial or commercial operation involving hazardous substances, the
sale, storage or transport of hazardous substances, any aspect of the provision of services which
utilize hazardous substances, drilling, mining or the production of oil, gas, minerals or other
naturally occurring products, or any agricultural activities involving the use and storage of
fertilizers or pesticides;
4. No leaks, spills, discharges, releases, deposits, emplacements or
emissions of any hazardous substance have ever occurred on, under, in or near the Facility.
16. EAGLE's Representations and Warranties. To induce City to enter into this
Agreement, EAGLE makes the following representations and warranties to City.
a. Each of the Recitals set forth in this Agreement is true and correct.
b. EAGLE is a duly organized and validly existing limited partnership in good
standing under the laws of the State of Delaware.
C. EAGLE has the full power and authority and all legal rights to enter into and
perform this Agreement and any other agreement referred to herein and contemplated by this
Agreement. This Agreement, when duly authorized, executed and delivered by the parties hereto,
shall create a valid and binding obligation on the part of EAGLE, enforceable against EAGLE in .
accordance with its terms.
17. Environmental Indemnity. City agrees to indemnify, defend and hold harmless
EAGLE from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses
(including, without limitation, any and all sums paid for settlement of claims, attorneys' fees,
consultant and expert fees) arising during or after the term of this Agreement or in connection with
the presence or suspected presence of Hazardous Substance (as defined hereof) in or on the Facility,
unless the hazardous substance is present solely as the result of the negligence, willful misconduct
or other acts of EAGLE, EAGLE's agents, employees, contractors or invitees. Without limitation
of the foregoing, this indemnification shall include any and all costs incurred between investigation
of the site or any clean -up, removal or restoration mandated by a federal, state or local agency or
political subdivision, unless the hazardous substance is present solely as a result of the gross
negligence, willful misconduct of EAGLE's agents, employees, contractors or invitees. This
indemnification shall specifically include any and all costs due to hazardous substance which flows,
diffuses, migrates or percolates into, onto or under the Facility after the Agreement term
A dmin4ron Ha rseG, olfcoursetManagementAgr 102/27/12/Page 16 of53
commences. As used herein, "hazardous substance" means any substance which is toxic, ignitable,
reactive or corrosive and/or which is regulated by any local government, the state in which the
Facility is located or the United States Government. "Hazardous substance" includes any and all
material or substances which are defined as "hazardous waste," "extremely hazardous waste," or
"hazardous substance," pursuant to state, federal or local governmental law and includes, but is not
limited to, asbestos, PCBs and petroleum and petroleum- containing products. This provision shall
survive the termination of this Agreement.
18. Relationship of the Parties. The relationship between City and EAGLE shall be
and at all times remains that of the City and independent contractor, respectively. Neither City nor
EAGLE shall be construed or held to be a partner, limited partner, associate or agent of the other, or
be joint venturers with one another. Neither City nor EAGLE shall be authorized by the other to
contract any debt, liability or obligation for or on behalf of the other.
19. Notices. Except as otherwise specifically provided herein, any and all notices
required or permitted under this Agreement shall be in writing and shall be deemed delivered upon
personal delivery or upon mailing thereof when properly addressed and deposited in the United
State Mail, first class postage prepaid, registered or certified mail, return receipt requested, or when
properly addressed upon deposit with Federal Express, Express Mail or other trackable overnight
courier service. Notices shall be properly addressed if addressed to the parties as follows:
If to City: The City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, TX 76180
Attention: City Manager
If to EAGLE: Hagen Cleek
Regional Manager
Evergreen Alliance Golf Limited, L.P.
4851 LBJ Freeway, Suite 600
Dallas, Texas 75244
Adnim lronHorseGo] fCourse . /27 /12/Page 17 of53
With a copy to:
Lynn Marie Mallery
Senior Vice President and General Counsel
Evergreen Alliance Golf Limited, L. P.
4851 LBJ Freeway, Suite 600
Dallas, Texas 75244
The addresses for notices may be changed by written notice given to the other party
as provided above.
20. Further Acts. Each party to this Agreement agrees to execute and deliver all
documents and instruments and to perform all further acts and to tape any and all further steps that
may be reasonably necessary to carry out the provisions of this Agreement and the transactions
contemplated herein.
21. Section Headings. The section headings in this Agreement are for convenience and
reference only and shall in no way define, limit, extend or interpret the scope of this Agreement or
of any particular section contained herein.
22. Interpretation. Unless the context requires otherwise, words used in the singular
number shall include the plural and vice- versa.
23. Amendments and Waivers. This Agreement shall be modified only by written .
instrument executed by the parties hereto. Any waiver of any provision of this Agreement shall be
made in writing executed by the party who could demand fulfillment of such waived provision.
24 Successors and Assigns. The rights and obligations under this agreement are not
assignable by either party without the written consent of the other party hereto.
25. Governing Law. This Agreement shall be construed under and in accordance with
the laws of the State of Texas.
26. Counterparts. This Agreement and all amendments and supplements to it may be
executed in counterparts and all such counterparts shall constitute one agreement binding on both of
the parties.
27. Severability. Should one or more of the provisions of this Agreement be
determined to be illegal or unenforceable, the other provisions nonetheless shall remain in full force
A 7/12/Page 18 of 53
and effect. The illegal or unenforceable provisions or provisions shall be deemed amended to
conform to applicable laws so as to be valid and enforceable if such an amendment would not
materially alter the intention of the pasties.
28. Entire Agreement. This Agreement (together with any attached Exhibits)
constitutes the entire agreement between the parties concerning the subject matter of this
Agreement, and supersedes all prior agreements, arrangements, understandings, restrictions,
representations or warranties, whether oil or written, between the parties relating to the subject
matter of this Agreement.
29. Force Majeure. The parties shall not be liable for loss, delay, or inability to
perform caused by Acts of God, riots, war, insurrection, government regulations, or cause or
event beyond the control of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF NORTH RICHLAND HILLS, TEXAS
Mark Hindman, City Manager
: M►N
Patricia Hutson, City Secretary
George Staples, City Attorney
Adnim lronHorseGo] fCourse . /27 /12/Page 19 of53
EVERGREEN ALLIANCE GOLF LIMITED,
L.P., a Delaware limited partnership
By: Premier Gall; EAGLE GP, L.L.C., a
Delaware Limited
Liability Company, its General Partner
ICJ
ATTEST:
AdaunIronHorseGoY Course , /27 /12/Page 20 of 53
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE Me, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Mark Hindman, City Manager of THE CITY OF NORTH
RICHLAND HILLS, TEXAS, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act and deed of said City.
AND SEAL OF OFFICE this day of
Notary Public in and for the State of Texas
My Commission Expires:
Print Name of Notary
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared , President of Premier Golf,
EAGLE GP, L.L.C., which is the General Partner of Evergreen Alliance Golf Limited, L.P. a
limited partnership, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2412.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name of Notary
Adnim lronHorseGo] fCourse . /27 /12/Page 21 of53
Adnim IronHorseGo] fCourse . /27 /12/Page 22 of 53
EXM. B -ITA Legend
IRON HORSE GOLF COURSE BOLTNDARIES mn rinse Got Course
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Adnim lronHorseGo] fCourse , /27 /12/Page 23 of53
EXHIBIT B
Iron Horse Golf Course
Operational Guidelines
Februarv. 2012
Table of Contents
1. Operating. Mission ........................................... ............................... p. 2
2. Hours of Operation ............................................ .............................p. 3
3. Facility Maintenance ......................................... ............................... p. 4
4. Golf Course Maintenance Standards ...................... .............................p. 7
5. Food & Beverage Standards ............................... ............................... P. 10
6. Pro Shop Staff ................................................ ............................... p. 14
7. Outside Service Staff .......................................... .............................p. 24
8. Player Assistant Program ..................................... .............................p. 27
9. Player Development Program ................................ .............................p. 28
10. Practice Area .................................................. ............................... p. 28
Adn iin4mnHo seGo➢fCourse /MauagementAgr/02 /27 /12IPage 24 of 53
OPERATING MISSION
The vision for Iron Horse Gulf Course in 2012 is to provide a superior golf experience for each of our
golfers /customers. To accomplish this, we will confidently execute an overall plan that focuses on
course conditions, clubhouse upgrades and cleanliness and guest services, while maintaining the
financial goals established in the current Operations Budget.
This plan will include accountability to:
♦ Continually upgrade the current course standards,
+ Continually upgrade and improve the clubhouse facilities, focusing on order and cleanliness
Improve event and daily play management for both residents and non - residents,
• Develop and consistently implement policies and procedures to ensure that established
standards are met and maintained,
♦ Promote the game of golf to the local community by conducting a comprehensive Player
Development Program, as well as offering both, group and individual golf instruction.
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 25 of 53
HOURS OF OPERATION
Our hours of operation are standardized; however they will be flexible enough to be dictated by traffic
and seasonal conditions. The general public will always be made aware of these policies and any
necessary deviation from them.
Golf Shou Hours
November - Mid March (Standard Time)
6:30 AM to 6 :00 PM (or dusk)
Tee Times begin 7:00 AM
Mid March - October (Daylight Savings Time)
5 :30 AM to 8.00 PM
Tee Times begin 6:00 AM
ShotLyun Start Events
Times for shotgun start events will be predicated upon the number of participants, day of the week and
the time of year the event is being held.
Practice Ran6e Hours
Practice areas open at daylight and will close at dusk. One day each week, the range will close 2 hours
prior to dark to enable staff to completely pick all range balls. This early closing will be done the
evening prior to, the day golf course maintenance crew will be mowing the range. The current early -
close day is Wednesday.
AdnvnlfronHorse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 26 of 53
FACILITY MAINTENANCE
Iron horse has long been recognized as one the premier facilities in Texas. The maintenance of the
facility is intended to reflect and maintain this recognition. Both clubhouse and golf course are
included in this plan, as they are equally important to the success of our operation.
Restrooms
Qualiterly:
Once every 3 months, the restroom floors will be professionally cleaned. This will involve stripping
and deep cleaning the floors and grout lines and a thorough rinsing of the floors. We will also utilize
this same service for the tile areas in front of the F &B counter as well as the floor in the food
preparation area.
Monthly:
Once each month, the clubhouse restrooms will receive a complete "deep cleaning" utilizing potent
chemicals, steam and high power pressure washers. This includes the urinals, toilets, counters and
walls. The facility is currently using the Micro - Shield Company for this service.
Weekly:
Both golf course and clubhouse restrooms will be professionally cleaned and sanitized each week.
This includes the urinals, toilets and counters. The facility is currently using the Micro - Shield
Company for this service.
Daily:
Golf course will be responsible for the on -going daily maintenance of the clubhouse and golf course
restrooms. This includes, but is not limited to:
♦ Wiping all counter- tops,
• Keeping the mirrors clean,
• Scrubbing and wiping down toilets and urinals,
s Sweeping and mopping the floors,
• Wiping walls and doors when necessary,
• Restocking hand towels and toilet paper when necessary.
♦ A thorough cleaning each night of all areas and emptying the trash.
Ongoing:
A bathroom Checklist is located on the back of each restroom door. This sheet lists each of the above
items with a space for checking off each item. Once an hour, either the cart/range staff or a member of
the golf shop staff is responsible for physically checking each of these items. Any area needing
attention will be taken care of at that time. The staff member will sign the sheet, acknowledging that
they have checked on and taken care of each of these items. This sheet will be included with the daily
closing paperwork each day.
Any employee visiting the restrooms during the day will also be checking the above listed items each
time they enter the restroom. Any major problems encountered will be reported to the Manager
immediately.
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 27 of 53
Clubhouse Grounds
♦ The outside areas, adjacent to the clubhouse will be checked throughout the day, every day of
the week. The outside service staff, under the supervision of the golf shop staff, is responsible
for this. Trash, paper, cigarette butts, limbs, twigs and any other stray debris will be picked up
and properly discarded.
♦ Each morning, if necessary, the outside entryways will be swept or blown off to remove any
accumulated debris. The outside trash cans and cigarette ums will be emptied each night and
during the day as- needed.
Once each week, weather permitting, the outside entryways and the patio area will be power -
washed to remove any stains or dirt that may have accumulated. This will also be done by the
outside service staff, under the supervision of the golf shop staff.
♦ The practice range tee area will be policed throughout the day, every day. This will be done by
both, the outside service staff as well as the golf course maintenance staff. Trash cans will be
emptied as- needed, paper cups restocked and flesh drinking water will be replenished each
morning and refilled when necessary.
♦ Once each month the clubhouse windows will be thoroughly cleaned, both inside and out, by a
professional cleaning crew. The windows are maintained throughout the week by the outside
service and clubhouse staff.
AdnvnlfronHarse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 2 .8 of 53
RESTROQM CHECRILIST
Date:
Supplie
Staff Member Signature Sinks Counters Urinals Toilets s Floor
7:00
8:00
9 :00
10:00
11:00
12:00
1:00
2 :00
3:00
4 :00
5:00
6 :00
7 :00
8 :00
Adn iin4ronHo seGo➢fCourse /MauagementAgr/02 /27 /12IPage 29 of 53
GOLF COURSE MAI NTENANCE STANDARDS
EVERGREEN ALLIANCE GOLF LIMITED
COURSE MAINTENANCE STANDARDS
COURSE: Iron Horse DATE
GREENS
TEES
Species/Variety
Champion Bermuda
Species/Variety
Tifway 419 Bermuda
HOC
0.17
HOC
1/2 inch
Target Speed
9
Mowing Freq.
3X tues, thurs, sat
Mowing Freq.
daily
Mower Type
triplex
Mower Type
triplex
Verticut Freq.
2 time per year
Verticut Freq.
weekly
Topdress Freq.
Par 3's weekly
Topdress Freq.
weekly
Aerification Freq.
2x
Aerification Freq.
monthly
Divot Repair Freq.
daily marshals
Ball Mark Repair Freq.
daily by marshals
Accessory Rotation Freq.
daily
Logo -ed Flags
yes
Logo -ed Accessories
no
Pin Placement Rotation
yes
Access. Repl. Sched.
as needed
Time to Repair Damage
24 hours
Time to Repair Damage
24 hours
Access. Repl. Sched.
4 time per year
Overseeding Rate
10#11
Pinspotter/Pin Sheets
Pin Sheet
Preventive Fungicides
IPM
Overseedrng Rate
10 #/M
Insect Control
IPM
Prev. Fungicide Apps
21 to 14 day sec.
Weed Control
pre and post
Insect Control
Yes
Weed Control
Yes pre and post
BUNKERS
Raking Freq.
4x
Sand depth slopes
2 inches
FAIRWAYS
Sand depth bottom
4 inches
Species
Tifway 419 Bermuda
Sand Type & Source
Caylor # 9
HOC
1/2 inch
Time to dry after Irrig.
6 hours
Mowing Freq.
3x tues, thurs, sat
Raking Method
mechanical
Mower Type
5 plex
Hand Rakes qty.
2 x or more
T rimmin g Freq.
NA
Edging Freq.
monthly
Verticut Freq.
yearly in August
Mechanical
yes
Topdiess Freq.
NA
Chemical
no
Aerification Freq.
aerway bi monthly
Time to Repair Damage
48 hours
Divot Repair Freq.
NA
Time to Pump
4 hours
Yardage Markers
Yes barber poles
Irrig. Head Yardage
Yes
CART PATHS
Time to Repair Damage
48 hours
Edging Freq.
monthly
Overseeding Rate
10 #'s/M P. Rye
Sweep/Blow Freq.
monthly
Preventive Fungicides
none
Time to Repair Holes
weekly
Insect Control
IPM
Time to Repair Drainage
weekly
Weed Control
IPM
%Turf Adjacent to Green
100
%Turf Adjacent to Tee
100
%Turf Adjacent to Fwys
95
%Turf Adjacent to Rufs
90
Traffic Control (TC) type
Ropes stakes signs
TC Rotation schedule
daily
01/01/2012
Adnun IronHorseGo YCourse. /0 212 7 /1 2/Page 30 of 53
EVERGREEN ALLIANCE GOLF LIMITED
COURSE MAINTENANCE STANDARDS
COURSE: Iron Horse DATE
Time to Repair Holes week
Time to Repair Drainage week
Color Change Out Freq. 2x per year
Additional Notes:
Height of cut on greens will be determined on conditions through out the year.
Prepared by: Kevin Lindsey
01/01/2012
Adnim lronHorseGo] fCourse . /27 /12/Page 31 of53
COURSE
ROUGHS
RESTROOMS
Species
Bermuda & Fescue
Cleaning Freq.
daily by cart staff
Weekly by
HOC
1.5 11 -2 11
Service
Mowing Freq.
2x
Mower Type
large area rotary
T rimmin g Freq.
weekly
LAKES/STREAMS
T rammin g Type
string
Hazard Stakes
yes
Verticut Freq.
NA
Trim Mow Freq.
bi- monthly
Aerifcation Freq.
I x
%Aquatic Weed Allow.
10%
Yardage Markers
no
Irrig. Head Yardage
no
RANGE TEE
Time to Repair Damage
weekly
Species
T'ifway 419 Bermuda
Overseeding Rate
6#IM
HOC
112 inch
Preventive Fungicides
no
Mowing Freq.
3x
Insect Control
IPM
Mower Type
5 -plex
Weed Control
pre and post
Trimming Freq.
bi- monthly
Verticut Freq.
NA
GROUNDS /PARKING
Topdress Freq.
daily divots cart staff
Turf Mowing Freq.
2x
Aerification Freq.
2x
HOC
2 inches
Divot Repair Freq.
daily divots cart staff
Mower Type
rotary
Yardage Markers
yes
T rimmin g Freq.
2x
Time to Repair Damage
48 hours
T rimmin g Type
string
Overseediulg Rate
15 #IM
Overseeding Rate
10 #IM
Preventive Fungicides
no
Preventive Fungicides
no
Insect Control
IPM
Insect Control
IPM
Weed Control
IPM
Weed Control
pre and post
Turf/Mat Rotation Freq.
No Mats
Edging Freq.
lx
Sweep/Blow Freq.
Daily
Time to Repair Holes week
Time to Repair Drainage week
Color Change Out Freq. 2x per year
Additional Notes:
Height of cut on greens will be determined on conditions through out the year.
Prepared by: Kevin Lindsey
01/01/2012
Adnim lronHorseGo] fCourse . /27 /12/Page 31 of53
1011D] I -1121 0113 DkV N:?- -X(4 D&I r.112i 1713 X11
This division offers guests a reasonably priced, diverse food and beverage menu in a safe and
accommodating manner. Additionally, Food & Beverage employees will provide catering services for
large group events at the golf course.
• The Iron Horse F &B Manager, as well as the General Manager will earn, and maintain, the
classification of "Certified Food Handler"
• All F &B and Golf Shop employees will attend an approved TABC Alcohol Sellers Class and
become certified.
• Each guest attempting to purchase alcohol will be asked for his/her Unicard or ID. If the
customer is not current, staff member will have them complete the proper paperwork, prior to
the customer making a purchase.
• Maintain the highest level of food safety in all storage, preparation and serving areas. All
F &B employees will pass the Food Handler Class and maintain this certification.
• Earn "excellent" ratings on all health inspections
• Offer a comprehensive menu and a clean, customer - friendly dining area
• Greet dining room guests immediately during slow times and within 3 minutes during peak
service times
• Provide prompt, friendly and accommodating service
• Adequately utilize beverage carts, Grill Trailer & the halfway house (caboose) to serve guests
while they are playing golf
• Properly staff the food and beverage division throughout the fiscal year
• Increase food and beverage revenues while offering quality products at fair and competitive
prices
• Establish quality service and operation of pavilion in daily operations and special events
• Achieve "above target" score on EAGLE operational reviews by providing excellent
employee training, quality customer service and a clean, safe environment for food &
beverage preparation and consumption
• Ensure guests have the opportunity to purchase goods from the beverage carts at least 4 times
per round of golf
• Provide food daily specials
• Conduct Sunday Brunch
• Receive favorable scores and comments on group event evaluations by serving high quality
food and providing excellent customer service
• Prepare weekly food and beverage revenue reports and monthly cost of goods sold reports.
• Hold monthly safety meetings, and ensure meeting minutes and all related documents are Dept
on file
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 32 of 53
Kitchen OAen Duties
1. Be on time for you shift. This includes being in proper uniform before you walk in the door
with your nametag displayed on the right chest of your staff shirt.
2. Clock in and ask a golf shop assistant to get drawer #1. Confirm that there is $200 in the
drawer. Double click on the POS icon on computer screen. When the screen asks for "amount
in cash drawer," just hit continue. (The amount should be $0.00)
3. Tuna on interior light switches and turn off outside fan lights.
4. Turn on both grill switches and set the temperature to 375 degrees.
5. Make 2 pots of regular coffee, and Tea.
6. Unlock both side doors and turn on the TVs. (News or sports channels)
7. Check the tables for cleanliness, changing any tablecloths that might be are dirty. Also, make
sure that the salt and pepper shakers are full, as well as the Sweet & Low and sugar packets.
8. Bring out muffins and Danishes from walk -in.
9. Set out chips, packaged food, and cookie container on the front counter.
10. Ensure that the counter, cold table, freezer and refrigerator were stocked from the previous
night. Look for your breakfast food items (eggs, cheese, tortillas, ham, sausage, bacon, etc).
Restock the cups, napkins, sugar, creamers, and packaged foods if needed.
11. Strain the flyer grease, spray degreaser on the pan and run it through the dishwasher. Wipe
down the area around the flyer while the pan is being washed. On Mondays and Thursdays,
change the grease completely..
12. Do back stock: Tomatoes, lettuce, pickles, ham, turkey, onions, jalapenos, cheeses.
13. Bake cookies, wash the cookie trays, wipe down the cookie container, and place a new sheet of
paper on the trays.
14. Set up bucket of soil master in the middle sink for dirty dishes
15. Turn on dishwasher and hold fill it.
16. Make the beverage cart sandwiches. Start with three turkeys and three ham sandwiches.
Oneoine Daily Procedures
1. Make sure that the cold table is frilly stocked!
2. Restock cooler with beer, water and Gatorade. If there is not enough back -stock in the walk -in,
replenish this with product from the cart barn cage.
3. Restock the front refrigerator and freezer with any necessary items: Bacon, hamburger patties,
chicken breasts, sausage, French fries, hash browns, etc....
4. Put the muffins and donuts back into the walk -in cooler.
5. Sweep behind the counter as well as in front of the counter.
6. Empty the trash cans if they are half -full, or more.
7. Empty and clean the coffee pots.
8. Restock the ice bin.
9. Make certain all tables are clean and the floor is kept clean with the push sweeper.
10. Clean windows and doors in dining room with glass cleaner and paper towels.
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 33 of 53
Kitchen Cleaning and C'losinz Duties
1. Pull to thaw from the walk -in freezer to the walk -in refrigerator: hotdogs, hamburger patties,
ham, turkey, tortillas, and cheeses.
2. Check the walk -in refrigerator and walk -in freezer for items that aught be out of place, such as
on the floor, uncovered, or items that need "day dots" or "use first" stickers on them.
3. Pull bread out of the freezer and place on rack to thaw: Hamburger buns, hot dog biuis, hoagies,
white and wheat bread.
4. Change out the pans in the cold table and cover with lids, including the mustard and mayo..
5. Check all areas to make certain all food is restocked for the morning and cover with labels (i.e.
pre - cooked bacon, sausage, chicken breasts, hamburger patties, fries, chicken tenders, onion
rings, hash browns, cheeses, sauces, tortillas, eggs, hot dogs, and packaged foods.)
6. Restock the breads (i.e. hamburger buns, hoagies, hotdog buns, white and wheat bread)
7. Turn off the grill, Clean the grill thoroughly including the grease trap.
8. Soak and thoroughly wash all utensils, including all silverware, and put them away.
9. Wipe down the toaster, coffee machine, microwave, inside and outside of the refrigerators,
including the seals.
14. Turn both grill switches off.
11. Pour out the tea and scrub the urn. if tea is more than rf2 frill, put it in the walk -in for next day.
12. Change and refill the butter tray. Wrap the top with a piece of foil and place back on the grill.
13. Clean the hotdog machine. Wrap any unused hot dogs and store properly in the refrigerator.
14. Clean the large white cutting board with bleach and run the small cutting boards through
dishwasher.
15. Change out any dirty tablecloth and make certain there is rolled silverware.
16. Empty the trashcans and wipe them down. Run the lids through the dishwasher. TAKE
TRASH TO DUMPSTER.
17. Drain the dishwasher after all items have been properly washed. (Don't forget to empty the
food trap.)
18. Restock all beer, Gatorade, and water. 1 case of each domestic beer, 2 six packs of each import
beer, 1 case of each Gatorade and 1 case of water.
19. Wipe all counter tops down with a sanitizer and a clean towel
20. Put the cookies and packaged food and chip rack in the back
21. Put the liquor away and lock the cabinet.
22. Clean out the sinks in back. with sanitizer and spay with stainless steel polish.
23. Sweep and mop all floors. This includes the walk -in refrigerator, prep area, and dishwasher,
behind the counter and in front of the counter. Make sure you rinse the mop out and dump mop
bucket out when you are finished.
24. Ensure that the beverage carts are restocked, iced and locked up.
25. Make sure both side doors are locked and the back door is locked.
26. Turn off the TVs and all of the interior lights, leaving on the row of lights behind the F &B
counter.
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 34 of 53
Closine the Cash Reeister Out
1. Count your drawer down to $200. All other monies will comprise your nightly deposit.
2. Get two (2) envelopes from the drawer under the register. On one envelope write ' F &B
Deposit" Write the date and your initials. On the second envelope write "F &B paperwork"
Write the date and your initials.
3. Enter your employee number on the computer and hit the "Cashier Options" button.
4. Select "exit POS"
5. It will ask you if you want to close a "Z" out. Select `Yes." It will then ask you if you want to
count the cash drawer down. Select "yes."
6. Follow the on screen instructions when inputting the number. Put in the number of pennies,
dimes, nickels, quarters, etc. into each box. Make sure that the total on the right matches what
you have in your possession. When you are finished hit the "continue" button.
7. Put the money for deposit in the "deposit envelope."
S. Record all credit card gratuities into the Credit Card Gratuity binder. Put register closing
receipt, all credit card receipts, employee receipts, and tabs, in the envelope labeled ' F &B
paperwork."
9. Leave the actual drawer open, so that people can see that no money is left 'n there overnight.
10. Hand both envelopes and your cash drawer to a golf shop attendant.
AdnvnlfronHarse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 35 of 53
PRO SHOP STAFF
The General Manager is responsible for the day to day golf operations and course staff.
An operations manual will be placed behind the counter for easy reference for all staff to reference.
Also, an EAGLE Policies and Procedures Manual is located in the business office and all employees
have access to this manual. Regular training sessions will be held to reinforce these rules and to
introduce any changes or additions to our policies. Training will focus on these updates, POS
procedures and stressing our commitment to customer service.
All staff will be expected to adhere to established standards, including but not limited to the following
operational procedures.
DAILY PROCEDURES FOR GOLF SHOP
Opening
1. Arrive 30 minutes before the first scheduled tee time.
2. Unlock door and disarm security system.
3. Turn on all lights and unlock all other doors. Make sure all lights are working.
4. Completely fill out cash reconciliation worksheet, counting all drawers, cash bags, and change
safe..
5. Bring P.O. S. system up on all computers and make sure they are in working condition.
6. Make a copy of that day's Tee Sheet and give to the Starter.
7. Review Tee Sheet for any notes or special instructions that you need to prepare for during the
day.
8. Confirm Course conditions with Maintenance.
9. Give Cart Attendant Daily Check Sheet.
10. Print Marshal Sheet.
11. Make sure that the Golf Shop is clean and presentable. Clean all glass and vacuum if
necessary.
12. Make sure that all supplies are frilly stocked (i.e. scorecards, pencils, gloves, balls, tees, etc.).
13. Make sure that you have enough range balls.
14. Check schedules of outside services and player assistants to ensure that we are staffed properly.
15. When there are no Cart Attendants, you will need to assist in the pulling of carts and other
miscellaneous items usually taken care of by the outside staff.
16. Note anything that was not completed on previous night's Closing Checklist.
17. Shotgun starts:. have Player Services stage balls on practice tee and post alpha list for check in
to optimize foot traffic flow in and around shop area..
AdnvnlfronHorse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 3 5 of 53
On!oin2 Daily Procedures
1. Spread hospitality and good will among all guests and make them feel welcomed.
2. Sell, display, arrange, and fold merchandise.
3. Assist the public by answering questions and explaining course policies. If you do not know
the answer to a question, find out and get back to the individual!
4. Deep the Shop neat and clean daily. Dust and straighten merchandise displays. Clean
windows, counters and doors.
5. Assist in the changing of displays on a weekly basis.
6. Assist in the unpacking and pricing of merchandise.
7. Continually re -stack merchandise /supplies and make notes of any supplies or merchandise that
is needed.
8. Place all return merchandise in the appropriate place.
9. Check surrounding outside areas for trash, cigarette butts and clutter.
10. Check restrooms for cleanliness every hour.
11. Take messages or notes for staff and make sure they are clear and legible.
12. Make sure the appropriate amounts of range balls are behind the counter.
13. No food or beverage behind the counter.
14. Follow the Tee Time Policy.
15. Check in the golfers for play. Make certain to record all golfers' names on the Tee Sheet,
16. Assist in the preparation of outings and tournaments.
17. Direct outside service personnel on special projects.
18. Stay aware of any changes to course and practice area conditions, advise any players of
important changes, record new phone message if needed.
19. Thank everyone for their business!
AdnvnlfronHarse-Go] fC'o tuse.ManagementAgd02 /27 /12/Page 37 of 53
Closing Procedures
1. Complete daily closing procedures. Put cash drawers in safe with appropriate dollar amount in
them. Count backup change 'n safe and verify the proper dollar amount.
2. Completely fill out cash reconciliation worksheet, counting all drawers, cash bags, and change
safe..
3. Prepare deposit and all corresponding paperwork and place in safe.
4. Close out POS.
5. Fill out Closing Checklist and sign it..
6. Clean windows, displays, all glass and straighten the merchandise.
7. Empty all trash cans.
S. Vacuum floor in Golf Shop.
9. Do general building cleanup.
10. Print a Tee Sheet for the following day's play from computer. Check tournament calendar for
events that need to be on the Tee Sheet a week in advance so no regular play is booked on top
of tournament.
11. Make sure all carts are in.
12. Follow up on all duties for the outside staff and make certain all are completed.
13. Turn on all outside lights.
14. Turn out all inside lights and lock all doors and windows.
15. Set alarm system and lock front doors.
16. Lock all doors ur the cart barn, set alarm and lock the gates.
AdnvnlfronHarse-Go] fC'o tuse.ManagementAgd02 /27 /12/Page 38 of 53
In addition, all Pro Shop staff will be responsible for executing the following procedures:
GENERAL GOLF SHOP PROCEDURES
Answering a Telephone Call
Exceptional customer service begins the moment you answer the telephone. We can create a lasting
friendship with a golfer, or lose one forever, with our phone etiquette.
• Always answer the phone with the following greeting, "Thank you for calling Iron Horse the
areas favorite Golf Course, this is how may I help you?"
• Always answer the telephone in a professional and timely manner by the thud ring.
• Spear slowly and clearly.
• Do everything in your power to accommodate the caller.
Placine a Call on Hold
• Always say "May I put you on hold please`" Common courtesy with an emphasis on "may"
and `lease." Simply saying, "hold please" is not good enough. We need to reach out to the
caller in a manner that serves their needs not ours.
• If the caller is unable to hold, then get a name and phone number and return their call.
• "Thank you for holding, how may I help you" is the proper way to follow up with a caller who
has been on hold.
Taking a Reservation
The Point of Sale system is a powerful tool and can help in your daily operations in many ways.
However, as with any software system, information must be entered in a specific order.
1. "Thank you for calling Iron Horse golf Course, this is how may I help you?"
2. Find out the day and time the caller would like to play.
• Move to that particular time frame.
• Get as close as you can to the time requested.
• Always offer two tee times, if possible. This gives them a better choice to fit
their schedule.
• Continue to offer options until the caller takes a time. For example, if a caller
wants a 9 :40 a.m. time on Saturday and we are full, and then offer him the next
closest time that day, then Sunday. Do not let the call end without securing the
business. Remember they called because they want to play your course.
• If all else fails, inform the customer that we take reservations up to five (e) days
via phone calls and up to 10 in advance through our website. Ask if there is a
time within that time flame that we could book them a reservation.
AdnvnlfronHarse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 39 of 53
3. How many players will the caller's group have?
0 If less than four, try and pair them with another partially filled time slot.
0 Having consecutive tee times filled with twosomes is unacceptable.
0 Remember that our goal is to maximize the number of rounds played.
4. Is the caller playing 9 or 18 holes?
Do not give 9 -hole players/groups times in "peak periods," (i.e. Friday — Sunday
before 2 p.m.). Offer back nine a.m. special or super twilight special.
5. If the suggested time is accepted, get the caller's phone number for contact information.
6. Get the caller's fiill name.
• If you're not reasonably sure you can spell it correctly, ask them.
7. Enter the proper P.O. S. code for the type of round to be played.
8. Once you have all of the pertinent information, repeat it to the caller.
Example: "Mr. Johnson, I have you confirmed for a foursome playing 18 holes at 12: 00 p.m. on
Saturday, the 25 Is there anything else I can help you with while I have you on the phone ?"
Make sure the customer is informed of the rate.
9. Before you hang up, the customer must be informed of our cancellation policy and to call if there
will be any changes to their reservation.
14. DO NOT USE negative phrases such as "We're slammed!" or "Booked solid, can't get you out,"
etc. Always give a time when they might be able to get on the tee and encourage them to come
and get on the waiting list or try to get them to reserve a tee time for another day.
11. Always thank the customer for calling.
12. If a time cannot be confirmed for any reason, we still must thank them for calling, and ask
them to try another time.
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 40 of 53
Tee Time Paticv
■ Tee -times can be made up to five (7) days in advance for the general public and 100 days in
advance through our web -site.
■ Persons wishing to make multiple tee -times for the same day must provide a credit card number
in order to hold these times. This will greatly reduce the likelihood of no- shows.
Handling Obiections to Credit Card Guarantee
■ If a caller complains about leaving a credit card number to reserve multiple tee times,
diplomatically explain that it allows us to give the greatest number of people who want to play
the golf course a chance to play. No shows deny those who wanted to bo9ok a time, but were
told we were full, a chance to play.
■ If a caller does not have a credit card, suggest that another member of the group call and hold
the time with their credit card. We will hold the time until the end of the day to wait for such
confirmation. Let the caller know that their time will be erased if they do not call by the end of
the day..
■ If no member of the group has a credit card, a final Option is for a member of that group to
come in and prepay by the end of the day.
■ There will be no exceptions to this policy for multiple reservations.
Cancellation Policv
■ Our cancellation policy requires a 24 -hour notice. This gives us a chance to re -fill the tee time.
■ There is never a penalty for bad weather!
■ The only way a golfer can be penalized is if they do not show and they do not call.
■ Always refer to the waiting list to re -book the open tee time..
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 41 of 53
Guest Rezisterin2ICheck -in
Always greet the customer first (if you know their name, use it).
• All players' names and should appear on the P.O. S. Tee Sheet.
1. Ask for the name of the person who reserved the tee time.
2. Are they playing 9 or 18 holes?
3. Are they walking or riding? Ask if they need one or two carts? Always assume and act as if they
are riding.
4. Give each player a total amount due, correct change, and a receipt. All players must receive a
receipt.
5. Ask them if they need golf balls, tees or gloves. Upsell, UpselV[Upsell.
6. Let them know
• When they can expect to begin their round
• Where they can find their golf cart and the direction to the first tee
+ That you will announce them to the tee over the P.A. system or via the starter
7. Always say "Thank you" and offer some parting goodwill, i.e. "Play well" or "Enjoy your
round."
Accenting Checks
• It is the policy of the golf course that we only accept checks for events, not for individual tee
times or merchandise.
• Make certain that all checks are local and have the customer's name, current address, phone
number and bank account number.
■ Make sure the check is written for the correct amotult and that the figures match the
handwritten total.
• Verify signature and name with a. photo ID, preferably a Drivers License.
■ Never accept a two -party or payroll check..
Credit Cards
■ Credit cards can be used for purchases only and for the exact amount of the purchase. Credit
cards cannot be used to give cash bask.
■ Make sure the customer signs the receipt and receives the yellow copy (marked Customer
Copy). The white copy (marked Merchant Copy) is placed in the receipt file.
■ Be certain to enter Visa, MasterCard or American Express as method of payment when entering
in the P.O. S. system.
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 42 of 53
Handline Credit Card Denials
■ Very discreetly and with respect, inform the customer that their credit card was denied and ask
for another method of payment. There are several reasons a credit card can be denied and not
always is it due to credit limits or non - payments.
If the customer does not have another method of payment, quietly get the Manager on duty.
• Try calling the credit card company when prompted by the machine.
Cart Rentals
• All players renting a cart must have a valid driver's license and be at least 18 years old as a Cart
Liability Agreement must be signed, and The State of Texas does not recognize agreements
signed by persons under the age of 18.
No one under the age of 16 may be permitted to drive a cart at any tune..
All rented carts must be entered on the P.O. S. Tee Sheet.
Cart rental is charged on a per rider basis (each player pays for lh total cart rental).
There shall be only 2 bags and 2 passengers per cart at all times.
• Non - players who wish to ride along must pay for their half of the cart rental.
Club Rentals
■ Golf clubs are rented through the Golf Shop..
A valid driver's license and/or credit card along with a. completed "Club Rental" form are
required of all players renting a set of golf clubs.
■ Attach completed rental form to ID and place under register drawer until the player has returned
the clubs in good condition..
0 Be sure to show the customer that they are receiving a complete set of clubs (3 woods, 9 irons,
and a putter) in ojod condition before they take them out on the course. Good condition means
clean clubs with grips that are not slick.
Any lost or damaged clubs must be compensated for. Cash or credit cards may be used for
compensation.
The closing shift in the Cart Department is responsible for making sure rental clubs are cleaned
and returned to proper storage area.
Tournament Poliev
The Event Sales Person will book all golf outings. If a customer calls, interested in hosting a.
tournament, get as much information as possible so the appropriate person can contact them. Tell the
guest about the facility, and ask them if they have played the course. Pass the contact information onto
the event Sales Person as soon as possible.
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 43 of53
Using the Public Address (PA.) System
■ Speak clearly and slowly when calling players to the tee, clubhouse, etc.
+ During "peak" times, each group should be called no less than two times.
+ On the first (or tenth) tee. ( "The first tee is now available for Jones foursome."
+ 2 nd up, on deck or 7 minute call. ( "The Smith foursome is next on deck.')
+ 3rd tip, in the hole or 15 minute call. ( "Thus is a first call for the Wright group.')
+ Do everything in your power to get each group to their designated starting point in a timely
11MIN11NM
+ If there is no starter, record exact tee off times for each group on a P.O. S. Marshal's Report.
Complimentary Rounds
+ All complimentary rounds must be approved by the Manager and entered into the P.O. S. as well
as the Complimentary Log.
+ Make sure that proper complimentary codes are entered into the P.O.S. system.
Charitable Contributions/Donations
■ All contributions /donations will be left to the discretion of the Assistant City Manager or
General Manager.
+ Take a message and make sure to get a full name and telephone number for return contact.
+ A letter requesting a donation must be sent to the City Manager's Office or General Manager's
Office on company stationary.
Rain Checks
+ Rain checks will be issued if the golf course becomes unplayable, or if lightening has been
spotted in the area.
Rain Checks are based upon a pro -rated basis. The amount the golfer paid for his/her round is
divided by 18 (18 hole round), by 9 (nine hole round). This amount is then multiplied by the
number of un- played holes and a rain -check is issued for this amount. Example::
Golfer paid $36.40 for the round, $36.04 divided by the 18 holes is $2.00 per -hole;
Golfer played 7 (seven) holes; Rain -check of $22.04 is issued for the 11 (eleven) un-
played holes.
No refunds are to be given.
+ Rain checks will generate from the Point of Sale system.
AdnvnlfronHarse-Go] fC' otuse ,ManagementAgd02 /27 /12/Page 44 of 53
Gift Certificates
■ Electronic Gift Cards may be purchased for any denomination and include tax.
• All gift cards must be entered into the P.O.S. system at the time of sale. The number located on
the back of the card may be entered manually or the bar code may be scanned.
• All gift cards sold should be placed in a Golf Course Logo envelope with a scorecard prior to
handing them to the customer.
■ If a gift certificate is purchased over the phone, be sure to fill out the Gift Certificate Form that
includes name, telephone ntunber, credit card information, description, and mailing address.
Redeemine Gift Certificates
■ Gift cards should be handled the same as cash.
• Process the purchase as a normal transaction except the form of payment will be "Gift
Certificate" instead of cash, check or credit card.
• If only a portion of the Gift certificate is redeemed, inform the customer how much credit is left
on the card and return the card to them.
■ If the entire amount on the card is used, keep the card after the transaction, staple the receipt to
the card and turn it in with the days end paperwork.
• It is against company policy to cash in a Gift Card without the actual card. The number cannot
be used for redemption.
Last and Found
All Lost and Found Items will be kept in the Golf Shop at all times and will be coordinated with the
Cart Department as well. Items must be kept for sixty (GO) days before donating or discarding.
• Record the date the item was lost; Get a complete description of the lost item; Get the name and
telephone number of the person who lost the item; Sign or initial the lost and found form and
put the item in the designated area for lost and found items; Keep a file for lost and found
items.
If An Item is Found
■ Get the naive and telephone number of the person who found the item; Check the "Lost"
section of the Lost and Found Log for the rightful owner's name and telephone number;
Promptly notify the owner that the item has been found; Tag the item with the customer's name
and telephone number for reference; Keep the item behind the Golf Shop counter until the
owner can pick it up; Verify that the person picking up the item is the owner by asking for a
telephone number and verify with tag.
AdnvnlfronHarse-Go] fC' otuse .ManagementAgd02 /27 /12/Page 45 of 53
OUTSIDE SERVICE STAFF
The Outside Service staff will report directly to the Assistant Golf Professional(s), and indirectly to the
Golf Course Manager..
DAILY PROCEDURES FOR CART DEPARTMENT
Opening
• Arrive 34 minutes before the first scheduled tee time.
• Unlock cart facility.
• Get Daily Check Sheet from Golf Shop and complete assignments as noted.
• Set up adequate number of golf carts in an organized fashion, inside and out.
• Make sure carts are clean and trash free.
• Make sure new scorecards and pencils are in their proper position on all carts.
• Check chargers to make sure carts are fully charged and check tire pressure and fill, if needed.
• Make sure bag straps are looped into position.
• Cart staging area should be free of litter and debris. Empty all trash containers.
• Check Clubhouse restrooms for overall cleanliness and supplies — Clean and restock
accordingly.
Daily Oneoine Procedures
• Continue to set up appropriate amount of golf carts..
• Drive all carts slowly. Give our guests the right of way when you are driving the carts.
• Clean all incoming carts, remove trash, sponge down and spray off, scrub floor mats if
necessary and return to cart line if needed or storage if not. Towel dry carts so there are no
spots.
• Assist guests with their clubs after play.
• Sweep out and hose down cart facility.
• Keep storage area clean and organized at all times. Police area for garbage, cigarette butts,
wrappers, tees, pencils, grass, dirt, and other debris.
• Check all carts upon completion of play for any damages. Deport any damages to the Golf
Shop staff.
• For broken down and problem carts, list the cart number on the chalkboard and write the
existing problem with the cart. Place a "Do not use" sign on the cart and notify the Cart
Mechanic.
• Of the golf carts that are not used during the day, be sure that they are brought forward in
the rotation.
• Report any questions or problems to the Golf Shop staff and Cart Mechanic. If you do not
know the answer to a question, find out and get back to the individual'
AdnvnlfronHarse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 46 of 53
• Check Clubhouse restrooms hourly for overall cleanliness and supplies — Clean and restock
accordingly.
Closine Procedures
• Empty all trash from carts. Throw away old scorecards and pencils.
• Wash all carts that went on the course that day. Spray under seat, wheel wells, and in storage
compartments to remove all dirt and grime. Towel dry carts so there are no spots.
• Loop bag straps.
• Check air in tire and fill if necessary.
• Place new scorecard and pencil on steering wheel. Make sure it is straight.
• Park in appropriate storage spot and plug into charger, if applicable.
• Remove key and place in key storage locker.
• Get Closing Checklist from Golf Shop, complete assignments as outlined, and sign it.
• Disconnect and store pressure cleaner and any other equipment in storage unit.
• Pick up all trash and debris from surrounding area and parking lot.
• Empty all trash cans and replace trash liners..
• Check Clubhouse restrooms for overall cleanliness and supplies — Clean and restock
accordingly. Sweep the floors, mop the floors, wipe down counters, empty trash and stock
paper towels and toilet paper.
• Account for all carts at end of day. If all carts are not in, contact the Golf Shop and drive
course to look for them.
• Assist Range Attendant and Marshal as needed.
AdnvnlfronHarse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 47 of 53
DAILY PROCEDURES FOR PRACTICE FACILITY
Clnening
• Get Daily Check Sheet from Golf Shop and complete assignments as outlined.
• Set up Driving Range and straighten tee markers according to the rotation schedule.
• Make sure you have enough clean range halls.
• Pick up trash and debris from Range and surrounding areas.
• Assist Cart Attendant as needed.
Interim
• Pick up range halls as needed and clean halls after each picking.
• Stock appropriate amount of range balls behind the Golf Shop counter.
• Pick up range buckets when necessary.
• Assist Cart Attendant as needed..
Closing
• Pick up all range balls before closing, wash them and restock for the next day.
• Return Range vehicle to Maintenance Facility and clean and refuel. Check tires for proper air
level and inspect vehicle for any damage. Report any abnormalities to your supervisor. Place
equipment neatly in the appropriate area.
• Pick up trash and debris from Range and surrounding areas.
AdnvnlfronHarseGo] fC'o tuse,ManagementAgd02 /27 /12/Page 48 of 53
PLAYER ASSISTANT PROGRAM
Player Assistant Compensation
All Player Assistants will be paid hourly employees of EAGLE, or compensated with payment in kind.
Player Assistants may play golf on a space - available basis at any time, always at the discretion of the
golf shop staff. All employees will pay a $5.00 fee to cover the cost of their round.
Responsibilities
Player Assistants, formerly called Marshals, will be primarily responsible for monitoring and
maintaining a proper pace -of -play. It will be his or her responsibility to maintain at least a 4 to 4 and 1 /z
hour pace of play at all times. Ideally all rounds should be played in less than 4 hours and 15 minutes.
If a round that began at 8:00am is on a 4 1 /2 hours pace, the likely pace by 1:00pm will be over 5 hours.
In order to maintain proper pace -of- play, you must establish a true pace setter for the day. After the
pacesetter is established, each group should maintain pace with the group in front of them. Your job is
to ensure that no gaps appear for more than one hole. It is important to understand the difference
between a GAP and someone OUT OF POSITION. A GAP is when a group is more than a hole out of
position. A GAP may also be a direct result of gaps in the tee sheet. OUT of POSITION is when a
group falls less than a full hole behind..
Prior to beginning a shift, a Player Assistant should
• Clock in to start shift
• Secure two -way radio, making sure it is working and charged.
• Get current tee sheet from shop staff.
• Fill additional sand bottles
• Secure Player Assistant golf car making certain to take fresh water and a first aid kid for the
golfers.
Additional responsibilities are as follows
• Verify cart path rule for the day
• Check with first tee starter for play updates
• Project a pace of play time for the first group encountered and report the results to the golf
shop.
• Ensure all guests are complying with the cart path policy of the day.
• Check traffic control ropes and cart path barriers.
• Inspect all tee boxes and pick up broken tees, cigarette butts and sand divots as needed.
• Check sand traps, ensure all traps have rakes, and rake traps as required.
• Pick up all trash encountered while on the facility.
• Check course supplies and inspect restrooms for cleanliness and adequate supplies.
• Ensure golf carts are kept from around greens and tees.
• Maintain contact with the golf shop via radio and provide updates on pace of play every hour.
• Report any unsafe conditions or problems on the course to the golf shop as soon as possible.
AdnvnlfronHorse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 49 of 53
PLAYER DEVELOPMENT PROGRAM
Player Development Plan
The Iron Horse Player Development Plan offers the following benefits. In consideration for the prepaid
fee, the Player and any included family members listed below shall have the following privileges:
f Unlimited range practice, including range balls, seven days a week, providing the range is open;
Instruction privileges during scheduled instruction times at the range — prior scheduling may be
rewired;
Participants will receive a 20% soft goods discount on non -sale hat, apparels, and accessories
items. All hard good sales such as clubs, balls, and shoes will be sold at our best price
guarantee matching our lowest competitors advertised price.
t Reduced rates on golf, Days and tunes to be determined throughout the season by the Golf
Course Manager.
Golfers wanting to participate in The Player Development Plan will fill out the required sign up form
and be charged, on a pro -rated basis for the remainder of that month. On the first of each successive
month each member of the program will automatically be billed for the coming month's fee, until Iron
Horse is notified otherwise.
PRACTICE AREA
• Practice tee will be setup with bag stands, ropes to define hitting area
• Hitting areas will be rotated from front to back to optimize tee usage
• Balls will be issued from the Golf Shop for standard daily operation
• Balls for shotgun starts for events will be staged on the tee
• A portion of the practice tee will be dedicated for PDPIClinicslInstruction
• Spike brushes, club cleaning buckets with and clean water and cold drinking water will be
in place for the players convenience
AdnvnlfronHarse-Go] fC'o tuse,ManagementAgd02 /27 /12/Page 50 of 53
EXHIBIT C
City's Management Expectations
Course Maintenance
1. Greens expertly maintained in accordance with recommended industry standards.
2. Fairways regularly mowed and kept free of debris and litter.
3. Golf Course amenities such as markers, signs, ball washers and other player features
maintained regularly with necessary painting, upgrades, t rimmin g and other
maintenance to provide high quality condition.
4. Drainage and lake areas regularly cleaned and trimmed to avoid weed -like or
overgrown appearance, and at least weekly cleared of debris and litter that may
accumulate.
5. Dead trees and other plant or landscape materials to be cleared from the course and
Golf course grounds in a timely manner, but no longer than 30 days after material
dying. Replacement of similar plant material to be provided in a timely manner, but
with consideration of time of year.
6. All grounds treated and maintained to give exceptional appearance.
7. Overall appearance of all grounds — club house, fairways, greens, to be kept on
regular daily basis in a high duality manner and to present an "upscale appearance."
8. Coordinate removal of any trees with the Parks and Recreation Department's
Landscape Horticulturist. Tree mulch, clippings, debris, etc must not be placed in
areas that are highly visible to the public or in a concentrated area that will compact
the soil around existing trees.
9. Mulch, tree clippings, etc, must not be discarded or placed in any of the channels or
waterways.
Club House and Other eolf Course Structures
1. Interior Pro Shop and Restaurant should be kept in clean and good repair at all times
during operating hours of the course.
2. Calpets and floor coverings shall be cleaned daily and kept free of litter or debris
daily, cleaning shall take place several times daily as needed following large groups
to insure clean and well kept appearance to the public.
3. Restaurant area — tables, counters and floors must be kept in high quality condition at
all times to convey clean and sanitary appearance. Food preparation areas, including
kitchen and grill area, must be kept in exceptional sanitary condition and all
A dmin4ronHa rseGol( Course /ManagementAgr/02 /27 /12/Page 51 of 53
equipment and facilities must achieve the highest ratings issued by the City consumer
Health Department.
4. Rest Room facilities both in the Club House and on the Golf Course must be cleaned
at least daily and more often as needed to provide clean, sanitary, litter -free, and fi - esh
smelling facilities for the customer..
5. All facilities must be maintained in good quality workmanship and all auxiliary
equipment, including air conditioning, heating, and plumbing, must be maintained in
excellent condition in accordance with industry standards.
G. Equipment maintenance facility shall be properly and regularly maintained and kept
in orderly condition consistent with standards of maintaining such facilities and must
be Dept clean and free of debris.
7. The overall appearance of the Club House and other structures at the Golf Course
shall convey superior maintenance and the appearance of a well maintained and
upscale facility.
S. The exterior of the Club House and other structures shall be kept in high quality
condition with needed painting, repairs made, roof, and other structural parts properly
and regularly maintained.
9. All landscaped areas adjacent to the Club House and other structures shall be properly
maintained and all times to include seasonal plantings and healthy shrubbery.
Equipment
1. All operating equipment, such as golf carts, mowing equipment, restaurant, etc.
owned by the City shall be serviced and maintained in accordance with manufacture
and industry standards on a regular basis.
2. Proper records shall be maintained showing the date and type of maintenance
provided on the equipment and name of employee providing required maintenance.
3. Equipment operators shall be properly instructed on use of equipment for their safety
as well as proper use. Records shall be maintained as to equipment operator training,
dates, and instruction.
4. EAGLE supervisors shall regularly, at least weekly, inspect all equipment to insure its
proper use, maintenance and operation to insure safety for the user and assurance of
proper use and condition of the equipment. Such supervisor shall maintain and sign
records indicating proper use or problem with equipment, if any.
5. HVAC filters shall be replaced on a monthly schedule.
Customer Service
1. Customer service is a high priority and shall be expected to result in Exceeds
Customer Expectations" in all areas at the Golf Course. Eagle Golf Management
strives to provide all customers with "Radical Hospitality" when they visit the golf
Adnun IronHorseGo] fCourse . /27 /12/Page 52 of 53
course.
2. Restaurant customers shall be greeted with courtesy and respect on each occasion and
shall be assisted in a timely manner.
3. Customer shall receive exceptional service in making tee times, planning for golf
tournaments, and with assistance in reserving the Pavilion or Club House area for
special events.
4. Employees shall conduct themselves in a professional manner at all times, both in
their conduct and personal appearance, to result in the customer believing they have
experienced an "exceptional golfing or special event" at Iron Horse.
5. Customer Service shall result in a customer's feeling that "They are the most
Important Person" that the Iron Horse employee is dealing with.
6. Pro Shop customers will be greeted with courtesy, respect, and enthusiasm by Iron
Horse employees and assisted in a timely manner.
7. Golfers shall be greeted with courtesy, respect, and enthusiasm by Iron Horse staff
and assisted as needed with course layout, conditions, golf carts and preparations for
making their play an exceptional golfing experience.
8. The overall customer service in all areas at Iron Horse shall be provided at a high and
exceptional level at all times so that the customer — whether a golfer, a restaurant
consumer, a special events participant, or visitor /spectator — experiences a feeling that
he or she has received superior treatment and attention and will be a returning
customer to Iron Horse.
ActnuaLronHorseGoY Course . /27 /12/Page 53 of53
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. F.3
GN 2012 -018 Appointment to Place 5 Teen Court Advisory Board
Presenter: David Whitson
Summarv:
The City Council is being asked to approve Councilman Whitson's nomination of Robert
Housewright to the Teen Court Advisory Board.
General Descriution:
The Place 5 position on the Teen Court Advisory Board is currently vacant. The Code
of Ordinances provides that the City Councilmember who holds the corresponding
council place makes appointments to this Board. Councilman Whitson is
recommending the appointment of Robert Housewright to the position.
Recommendation:
To consider the appointment of Robert Housewright to Place 5 on the Teen Court
Advisory Board.
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. FA
GN 2012 -019 Texas Governor's Office Criminal Justice Programs
Competitive Grant - Resolution No. 2012 -007
Presenter: Jimmy Perdue
Summarv:
The Criminal Justice Division of the Texas Governor's Office has notified the Police
Department that grant funds have been allocated to assist in funding law enforcement
programs in the Council of Government's North Central Region under the 2012 CJD
Criminal Justice Programs Competitive Grant #25675 -01. We are requesting the City
Council authorize the submission of the grant. If awarded, the Police Department plans
to use the funds to purchase a Force Options Simulator. Highly realistic training
simulators provide an arena for law enforcement officers to practice critical decision
making skills in a sterile environment increasing their ability to make correct decisions in
real life encounters.
General Descrir)tion:
The (Force Option Simulator will use advanced computer technology to allow law
enforcement officers to participate in interactive video scenarios which mimic
circumstances encountered in the field. These branching scenarios challenge officers
with opportunities to demonstrate decision making skills ranging from whether to use
force and to what degree of force is justified for the given scenario. The Force Options
Simulator includes the technology to replicate equipment officers deploy in the field.
Interactive flashlights, electronic control devices and firearms react realistically when
used by officers in the scenarios.
The total of the grant request is $80,000. The balance of the Force Option Simulator's
estimated cost will be funded through the Special Investigations Fund. The grant funds
are passed through the Criminal Justice Division and will be dispersed on a competitive
basis throughout the NCTCOG's 16- county region.
This item is the authorization to apply for the funding and accept the grant if awarded.
The purchase will be brought back to the City Council once the funds are awarded.
Recommendation:
Approve Resolution No. 2012 -007
M RH RESOLUTION NO. 2012 -007
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
for and accept the Texas Governor's Office Criminal Justice Programs
Competitive Grant and make appointments for the conduct of business
relative to Grant #25675 -01; and
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills that we request the funds available under
this Grant; and
WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or
misuse of the Governor's Office Criminal Justice Program funds, the City
Council of North Richland Hills assures that the funds will be returned to
the Texas Governor's Office in full; and
WHEREAS, The City Council of North Richland Hills designates Public Safety Director
Jimmy Perdue as the grantee's authorized official. The authorized official
is given the power to apply for, accept, reject, alter or terminate the grant
on behalf of the applicant agency.
NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills
approves submission of the grant application for the Texas Governor's Office Criminal
Justice Programs Competitive Grant #25675 -01.
PASSED AND APPROVED this the 27th day of February, 2012.
M
Patricia Hutson, City Secretary
1�1 x:191►1=I'1_1+'S 11911;191 N t►, I;1:1III I X0 I I Wil
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Public Safety Director
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. G.0
EXECUTIVE SESSION ITEMS
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -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: 2 -27 -2012
Subject: Agenda Item No. H.0
INFORMATION AND REPORTS
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. H.1
Telemetric Meter Reading System
Presenter: Karen Bostic
Summarv:
At the last City Council meeting a resident asked questions about the telemetric meter
reading system. This report is intended to provide information to residents on the meter
reading system. It is informational only and requires no action by Council.
General Description:
In 1983, the City of North Richland Hills started using a portable hand held electronic
system to manually key utility meter readings. After ten years, the city began to see
significant growth in the total service area and population. As a result of the growth staff
projected that it would require additional personnel to continue to maintain the level of
service which would increase personnel costs. At the request of the Mayor and several
Council members, staff investigated, recommended and implemented the Telemetric
Meter Reading System in June 1993.
A telemetric meter reading system consists of a meter box mounted radio transponder
which is connected to a wire that is attached to the water meter. It transmits totalized
meter readings to a laptop located in the Water Service Worker's truck for mobile meter
reading. Prior to implementation of the system, analysis was performed to determine
that there would be a benefit of reading meters through this method compared to other
alternatives (reading manually or using a portable hand held device). By utilizing the
Telemetric System the City has realized the following:
• Reduction in staff from seven to three which in turn reduced salary,
insurance, worker's compensation, and vehicle expenses
• Increased accuracy rate due to less manual reads
• Increased speed in meter reading
A telemetric meter reading device differs from a "Smart Meter" in that smart meters
transmit meter reading data, consistently, through a fixed network of monitors which
allow the readings to be downloaded to a web —based personal computer. Smart Meter
technology utilizes a full two -way communication via radio frequency to capture, collect
and deliver usage data. Usage of radio frequency reduces the need for mobile or site
visits to collect data. In addition remote shut off valves are also available. The
telemetric system used by the City provides data only when collected by the computer
once a month when the meters are read. It provides the same information that can be
collected by visually reading the meter, nothing more.
Water meters in general have a life span of ten - twelve years. The life span of the
transponder which transmits the readings to the laptop computer maybe less due to
battery operation and is subject to extreme heat and cold swings of Texas weather.
When the transponder fails it sends an alert to the laptop during the meter reading
process of either a tamper, leak, or that the laptop was unable to read it. To combat the
meter failure, the City has a ten year change out program in place to replace aging
meters.
The Ten Year Meter Change Out Program has a goal of 2,000 meter changes annually
(conducted by Public Works Utility Division Staff based on field crew availability). In
addition, meters are changed at the request of the Utility Customer Service office.
Typically, 1',500 -1,700 transponders are changed per year.
M RH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. H.2.
Announcements - Councilman Lombard
Presenter: Councilman Tom Lombard
Announcements
NRH20 is now accepting applications for its 2012 summer season. Applicants must be
at least 15 years old. For job descriptions, applications and more information, please
visit nrh2o.comljobs.
Volunteers from AARP are continuing to assist residents with their tax returns each
Monday and Thursday through April 18th at the NRH Public Library. This free service is
available to taxpayers of all ages. To make an appointment or get more information,
please call the Library at 817 -427- 8814.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we spotlight.
Jase Smith, Matt Fisher and Kevin Bates, Fire Department — A citizen sent a letter
thanking ,lase, Matt and Kevin for their quick response to his emergency call about
chest pains. The citizen said the response time was impressive and he received
excellent treatment. Thanks to the efforts of the Fire Department and the North Hills
Hospital Cath Team, he was discharged the following day and is well on his way to a full
recovery.
M KH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 2 -27 -2012
Subject: Agenda Item No. H.3
Adjournment