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HomeMy WebLinkAboutCC 2012-05-21 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 21, 2012 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 2012 Youth Advisory Committee Project Proposal (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest 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 May 18, 2012 at \2:.!SQ p.m. S 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 — May 21, 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, May 21, 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: o City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Lombard A.2 Pledge - Councilman Lombard A.3 GN 2012 -035 Canvassing May 12, 2012 Special Bond Election - Resolution No. 2012- 016 AA GN 2012 -036 Canvassing May 12, 2012 City Council Election - Resolution No. 2012- 017 A.5 Oath of Office A.6 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.7 Special Presentation and Recognition(s) - Presentation of Check to the NRH Animal Adoption & Rescue Center by the Youth Advisory Committee A.8 GN 2012 -039 Youth Advisory Committee End of Year Report and Acceptance of Report NRH City Council Agenda — May 21, 2012 Page 2 of 4 w " A.9 Special Presentation and Recognition(s) - Recognition of Holiday Heights Elementary School A.10 Removal of Item(s) from the Consent Agenda No items for this category. 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. No items for this category. C.0 Public Hearings No items for this category. 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 -037 Election of Mayor Pro Tem F.2 GN 2012 -040 Approve Grant Funded Weatherization Program Agreement - Resolution No. 2012 -015 F.3 GN 2012 -041 2012 Bureau of Justice Assistance Grant Program Local Award - Resolution No. 2012 -019 F.4 GN 2012 -038 Adopt Rules Relating to the Administration of the City Relocation Assistance Program - Resolution No. 2012 -020 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 NRH City Council Agenda — May 21, 2012 Page 3 of 4 H.1 Announcements - Councilman Tito Rodriguez H.2 Adjournment All items on the agenda are for discussion and /or action. Certification 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 May 18, 2012 at k2.'• p.m. i si tant 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 — May 21, 2012 Page 4 of 4 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, May 21, 2012 8:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 2012 Youth Advisory Committee Project Proposal (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest quadrant of the City C.0 Adjournment Certification 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 May 18, 2012. 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 -6860 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7341 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 21, 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 Lombard A.2 Pledge - Councilman Lombard A.3 GN 20112 -035 Canvassing May 12, 2012 Special Bond Election - Resolution No. 2012 - 016 A.4 GN 2012 -030 Canvassing May 12, 2012 City Council Election - Resolution No. 20}12- 017 Uvel WOW i I= gel i= A.6 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.7 Special Presentation and Recognition(s) - Presentation of Check to the NRH Animal Adoption & Rescue Center by the Youth Advisory Committee A.8 GN 2012 -039 Youth Advisory Committee End of Year Report and Acceptance of Report A.9 Special Presentation and Recognition(s) - Recognition of Holiday Heights Elementary School A.10 Removal of Items) from the Consent Agenda No items for this category. 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. No items for this category. C.0 Public Hearings No items for this category. 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 -037 Election of Mayor Pro Tern F.2 GN 2012 -040 Approve Grant Funded Weatherization Program Agreement - Resolution No. 2012 -015 F.3 GN 2012 -041 2012 Bureau of Justice Assistance Grant Program Local Award - Resolution No. 2012 -019 F.4 GN 2012 -038 Adopt Rules Relating to the Administration of the City Relocation Assistance Program - Resolution No. 2012 -020 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda IImKl =1011101MVLo►,11I[fflr I.► 011]:70161:41 0 H.1 Announcements - Councilman Tito Rodriguez H.2 Adjournment All items on the agenda are for discussion andfor action. Certification 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 May 18, 2012. 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 -6460 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 75180 Monday, May 21, 2012 5:00 P.M. A.0 Discuss Items from Reaular Citv Council Meeting, A.1 2012 Youth Advisory Committee Proiect Proposal (10 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071. Texas Government Code for Consultation with Attornev regarding Pending Litigation - 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- 000452 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest auadrant of the Citv C.0 Adiournment COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.1 2012 Youth Advisory Committee Project 'Proposal (10 Minutes) Presenter: Kristin Weegar Summarv: The Youth Advisory Committee (YAC) will be presenting their idea for their youth project proposal, a revision to the Smoking Ordinance. Presenters from the Youth Advisory Committee include the following members: Nicole Zajimovic — Chairman Alicia Hindman — Vice Chairman Rachel Becker — Secretary Hayden Hunter — Treasurer General Description: The city is fortunate to have the opportunity to use the Youth Advisory Committee to better understand the needs of the youth within the community, as well as educate them about municipal government. One way the Committee achieves this is by developing a project that will affect the youth of North Richland Hills. The goal in having YAC complete this project was to allow members the opportunity to learn and be involved in the decision making process of local governments. It started with their ideas, and then they were required to do the necessary research, prepare the presentation and now bring it before City Council as an idea that may be pursued in the future. In January the Youth Advisory Committee met to discuss various ideas for the project proposal, and after much discussion and debate they decided on the idea of revising the current smoking ordinance to include business establishments such as restaurants. The presentation by the Youth Advisory Committee will provide the benefits and reasons North Richland Hills needs an enhanced smoking ordinance. They will present research about the effects of a more restrictive smoking ordinance and the results seen by cities that already have implemented them. As mentioned above the primary purpose of this item is to help educate YAC members in the decision making process of local governments and to receive input from the potential future leaders of the community. This agenda item is for informational purposes and no action is being requested from Council at this time. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -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 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -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 ) COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest quadrant of the City Presenter: Jared Miller COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -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, May 21, 2012 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Lombard A.2 Pledae - Councilman Lombard A.3 GN 2012 -035 Canvassina Mav 12. 2012 Special Bond Election - Resolution No. 2012 -016 A.4 GN 2012 -036 Canvassinq Mav 12, 2012 Citv Council Election - Resolution No. 2012 -017 A.5 Oath of Office A.6 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.7 Special Presentation and Recoanition(s) - Presentation of Check to the NRH Animal Adoption & Rescue Center by the Youth Advisory Committee A.8 GN 2012 -039 Youth Advisory Committee End of Year Report and Acceptance of Report A.9 Special Presentation and Recoanition(s) - Recoanition of Halidav Heiahts Elementary School A.10 Removal of Item(s) from the Consent Agenda No items for this category.. 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. No items for this category. C.0 PUBLIC HEARINGS No items for this category. 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.1 GN 2012 -037 Election of Mavor Pro Tern F.2 GN 2012 -040 Approve Grant Funded Weatherization Proaram Aareement - Resolution No. 2012 -015 F.3 GN 2012- 041 2012 Bureau of Justice Assistance Grant Proaram Local Award - Resolution No. 2012 -019 F.4 GN 2012 -038 Adopt Rules Relating to the Administration of the Citv Relocation Assistance Proararn - Resolution No. 2012 -020 OKI=0IxMAN 0 14 111111:10TAK G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Rodriauez H.2 Adiournment COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.0 Call to Order - Mayor Trevino COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.1 Invocation - Councilman Lombard COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.2 Fledge - Councilman Lombard COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.3 GN 2012 -035 Canvassing May 12, 2012 Special Bond Election - Resolution No. 2012 -016 Presenter: Patricia Hutson, City Secretary Summarv: Council is required to canvass the votes cast at the Special Bond Election held May 12, 2012 by approving Resolution No. 2012 -015 formally accepting and declaring the results of the election. General Description: The Texas Election Code requires that the City Council meet following the May 12, 2012 election to canvass the votes and declare the results of the bond election. The unofficial results received from Tarrant County Elections on election night were as follows: Number of Votes Proposition No 1: "The issuance of $48,000,000 general obligation bonds for constructing, improving and equipping a new municipal government complex to include city hall facilities, police and fire facilities and municipal court facilities" FOR 1,963 AGAINST 932 Because there are some provisional votes that were cast the unofficial results are subject to change prior to the canvass. Provisional voting is part of the Help America Vote Act of 2002 and is designed to allow persons who might not otherwise qualify to vote at a polling place to cast a provisional ballot. Some of the reasons a voter may cast a provisional ballot include a voter who asserts he is registered to vote but whose name does not appear on the voter registration list, a voter who was unable to produce his voter registration certificate or another form of voter identification, or a voter who is registered to vote but is attempting to vote at a precinct other than the precinct in which the voter is registered. The Early Voting Ballot Board will determine, based on State regulations, whether the provisional ballots can be accepted or rejected. By law, the Early Voting Ballot Board must reconvene to qualify and count provisional ballots. Once the Board has completed this process, the unofficial results will be updated to reflect any changes. Should there be changes; Council will be provided the revised unofficial results and a revised resolution prior to the canvass. Recommendation: Approve Resolution No. 2012-016. M RH N *'T61I.ij11 [a]►1.C*ZW111Tif1111Z[1 A RESOLUTION canvassing the returns and declaring the results of the bond election held May 12, 2012. WHEREAS, an election was held in the City of North Richland Hills, Texas (the "City ") on the 12 day of May, 2012, for the purpose of submitting a proposition for the issuance of bonds to the resident electors of the City; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and WHEREAS, the returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for each polling place and for early voting, as canvassed and tabulated by this governing body and shown in Exhibit A attached hereto, reflect that the total sum of votes counted "FOR" and "AGAINST" the proposition submitted was as follows: "THE ISSUANCE OF $48,000,000 GENERAL OBLIGATION BONDS FOR CONSTRUCTING, IMPROVING AND EQUIPPING A NEW MUNICIPAL GOVERNMENT COMPLEX TO INCLUDE CITY HALL FACILITIES, POLICE AND FIRE FACILITIES AND MUNICIPAL COURT FACILITIES" "FOR" 1,963 votes "AGAINST" 932 votes THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; SECTION 1. All of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. It is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit A attached hereto, and a majority of the resident qualified electors voting at said election have voted for the proposition. Therefore, the City Council hereby finds and determines that the proposition did carry at the election. The City Secretary is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit A attached hereto in the election register maintained by the City in accordance with provisions of Section 67.006 of the Texas Election Code, as amended. PASSED AND APPROVED, this the 21 st day of May, 2012. e Patricia Hutson, City Secretary (City Seal) CITY OF NORTH RICHLAND (HILLS, TEXAS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney NRH EXHIBIT A TABULATION OF VOTES RE; SPECIAL BOND ELECTION HELD MAY 12, 2012 FOR AGAINST Precinct One (includes County voting precincts 3214, 3324, 179 163 3333, 3041, 3364, 3366 and 3416) Precinct Two (includes County voting precincts 3140, 3215, 261 100 3289, 3325, 3326, 3399, 3424, 3631, 3633, 3634, 4620 and 4629) Precinct Three (includes County voting precincts 3063, 3049, 448 302 3177, 3209, 3365, 3367, 3387, 3507, 3527, 3543, 3580 and 3584) EARLY VOTING 1075 427 COMBINED TOTALS 1,963 932 (Election Day and Early Voting) COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.4 GN 2012 -036 Canvassing May 12, 2012 City Council Election - Resolution No. 2012 -017 Presenter: Patricia Hutson, City Secretary Summarv: Council is required to canvass the votes cast at the City Council Election held May 12, 2012 by approving Resolution No. 2012 -017 formally accepting the results of the election and declaring the winning candidates. General Description: The Texas Election Code requires that the City Council meet following the May 12, 2012 election to canvass the votes. The unofficial results received from Tarrant County Elections on election night were as follows: Number of Votes Mayor Oscar Trevino 2,430 Citv Council — Place 2 Rita Wright ©ujesky 1,821 Charles W. Spradling 926 Citv Council — Place 4 Tim Barth 2,286 Citv Council — Place 6 Scott Turnage 2,312 Because there are some provisional votes that were cast the unofficial results are subject to change prior to the canvass. Provisional voting is part of the Help America Vote Act of 2002 and is designed to allow persons who might not otherwise qualify to vote at a polling place to cast a provisional ballot. Some of the reasons a voter may cast a provisional ballot include a voter who asserts he is registered to vote but whose name does not appear on the voter registration list, a voter who was unable to produce his voter registration certificate or another form of voter identification, or a voter who is registered to vote but is attempting to vote at a precinct other than the precinct in which the voter is registered. The Early Voting Ballot Board will determine, based on State regulations, whether the provisional ballots can be accepted or rejected. By law, the Early Voting Ballot Board must reconvene to qualify and count provisional ballots. Once the Board has completed this process, the unofficial results will be updated to reflect any changes. Should there be changes; Council will be provided the revised unofficial results and a revised resolution prior to the canvass. Recommendation: Approve Resolution No. 2012 -017; approving the canvass and declare the winning candidates. NRH I.l *fel Itij 9 101 ' I' 161W1111 FIZ+Z ti WHEREAS, an election was duly held in the City of North Richland Hills on the 12th day of May, 2012, to elect a Mayor and City Council Places 2, 4, and 6; and WHEREAS, the City Council has met and canvassed the votes cast in such election; and, WHEREAS, such canvass shows the following results: Number of Votes Mayor Oscar Trevino 2,430 Citv Council — Place 2 Rita Wright Oujesky 1,821 Charles W. Spradling 926 Citv Council — Place 4 Tim Barth 2,286 Citv Council — Place 6 Scott Turnage 2,312 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: THAT the above canvass be, and the same is hereby approved. SECTION 2: THAT the following are, and the same are hereby declared to have been elected to the offices listed below to serve until May of 2014, or until their successors are duly elected and qualified. Mayor Oscar Trevino Citv Council — Place 2 Rita Wright Oujesky Citv Council — Place 4 Tim Barth City Council — Place 6 Scott Turnage AND IT IS SO RESOLVED. PASSED AND APPROVED this the 21 st day of May, 2012. CITY OF NORTH RICHLAND HILLS IN Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.5 Oath of Office Presenter: Summarv: The oath of office will be administered to the newly elected officials. General Description: Fallowing the canvass, each of the newly elected officials will receive their certificate of election and the oath of office will be administered. By law, the oath of office must be administered by someone authorized to administer an oath under Texas law. In previous years, some of our newly elected officials have opted to have a ceremonial oath administered by a family member or close friend during this portion of the meeting and the official oath administered by the City Secretary at another time. Should anyone desire to have his oath of office administered ceremonially during the meeting, the Mayor will call a brief recess following the ceremonial oaths and the official oath of office will be administered by the City Secretary. In the name and by the authority of The Stag of Texas OATH OF OFFICE I, faithfully execute the duties of the office of of the City of North Richland Hills of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Signature of Officer STATE OF TEXAS § COUNTY OF TARRANT § Sworn to and subscribed before me this day of May, 2012. do solemnly swear (or affirm), that I will Notary Public Signature COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.6 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.7 Special Presentation and Recognition(s) - Presentation of Check to the NRH Animal Adoption & Rescue Center by the Youth Advisory Committee Presenter: Kristin Weegar, Assistant to City Manager Summarv: The Youth Advisory Committee will present a check to the Animal Adoption and Rescue Center in the amount of $450.00 that was raised during their 1 St Annual NRH Dog Show. General Description: The Youth Advisory Committee held the 1 Annual NRH Dog Show April 22, 2012 at Tipps Canine Hollow Dog Park. The show was a great success. With more than 50 entries and the sale of raffle tickets, the Youth Advisory Committee was able to raise $450.00 for the NRH Animal Adoption & Rescue Center. Chun Mezger, Animal Center Supervisor, will be in attendance to accept the check from the Youth Advisory Committee. Recommendation: No action is needed. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.8 GN 2012 -039 Youth Advisory Committee End of Year Report and Acceptance of Report Presenter: Kristin Weegar, Assistant to City Manager Summarv: In accordance with the Youth Advisory Committee's By -Laws, the committee shall submit a year -end report to the City Council on the status of its activities for the year. General Description: In accordance with the Youth Advisory Committee's By -Laws, the committee shall submit a year -end report to the City Council on the status of its activities for the year. The year -end report of the Youth Advisory Committee (YAC) as submitted by Nicole Zajimovic, Chair of the Youth Advisory Committee, is attached for your review. Nicole Zajimovic, will be in attendance to present the report to the City Council and several members of the YAC are expected to attend as well. Recommendation: Accept the Youth Advisory Committee's year -end report. Youth Advisory Committee Aftory Committee End of Year Report City Council May 21, 2012 The 2011 -2012 Academic Year has concluded and the Youth Advisory Committee is pleased to report it has been exciting and successful. This report is designed to highlight the year in review and inform the City Council of events and plans for the Fall 2012 semester. The Youth Advisory Committee currently has a total of fifteen regular members. At the end May, the following five members will have graduated from the program: • Rachel Becker (Secretary) — Birdville High School • Melissa Cruz — Birdville High School • Ruby Hernandez— Birdville High School • Alicia Hindman (Vice Chair) — Birdville High School • Nicole Zajimovic (Chair) — Richland High School The Youth Advisory Committee wishes them well as they begin their college careers. Committee members are in the process of recruiting new members, and hope to have a few recommendations to Council within a couple months for the 2012 -2013 Academic Year. The Youth Advisory Committee was involved in multiple service projects throughout the year. The Committee volunteered for the Fall Fix -It- Blitz, Hoot n Howl and Night of Holiday Magic. i Qv After being rained out last year, the Committee again chose to organize the 1 Annual NRH Dog Show as their spring service project. This event was chosen after discussing many different ideas. Many hours and extra meetings went into planning the event. Through the 50 entries in the show and the sale of raffle tickets, the Committee was able to raise approximately $450 for the North Richland Hills Animal Adoption and Rescue Center. dual 0 5 Tipps Canine Hoffow Park 7804 VdViS $1vd. a r k� 1 1 � �V The Youth Advisory Committee met and heard from various city staff members through the Guest Speaker Program. This program provided the Youth Advisory Committee members with an opportunity to learn more about the City and the services it provides to the citizens. The Youth Advisory Committee had the opportunity to hear from: • Craig Hulse, Economic Development Director • Adrien Pekurney, Recreation Center Manager • Kristin Weegar, Assistant to the City Manager ip►n- 4pna This year, YAC was also fortunate to take a tour of the new NRH Centre before its Grand Opening in April. Everyone was amazed by what an extraordinary building it was and had a blast trying out the equipment. The Youth Advisory Committee also presented a youth project proposal to City Council during the May 21, 2012 City Council Work Session Meeting. The proposal was for a stricter smoking ordinance. The Committee felt that having a smoking ordinance that eliminated smoking at restaurants and other businesses in the City would provide for a healthier, happier NRH. Members were broken up into groups in order to research the different aspects of this project. This proposal allowed the committee to experience first -hand the process projects must go through before they come to fruition. May 9, 2012, The Youth Advisory Committee held their annual Executive Committee election. The 2011 -2012 Executive Committee is as follows: 0 Benton Orr— Chairman 0 Hayden Hunter —Vice Chairman • Mason Chaney — Secretary • Rachel Andrews — Treasurer Over the summer, the new Executive Committee will meet to discuss a new membership initiative to help recruit members from the private schools in the area. The Youth Advisory Committee would like to thank the City Council for the opportunity to become active and involved in the community. The Youth Advisory Committee looks forward to visiting the City Council at the end of the fall semester with a new report. Respectfully Submitted by: Nicole Zajimovic, YAC Chairwoman COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.9 Special Presentation and Recognition(s) - Recognition of Holiday Heights Elementary School Presenter: Diane Spradling Summarv: Holiday Heights Elementary School students and teachers gave back to the Common Ground Community Garden (CGCG) which they utilize to provide outdoor learning experiences. General Description: Holiday Heights Elementary first grade students each gave $1.00 for a total donation of $100.00 to the Common Ground Community Garden. All 100 first graders walked to the garden last month to learn as much as they could about composting, rain water capture, Texas native plants and to see just exactly what food looks like before it gets on their plate. They even pulled weeds in the garden. For the past two years Keep NRH Beautiful has sponsored two garden plots for the Holiday Heights Garden Club members to grow their own garden. Teachers Barbara Leonard and Kaye Dansby walk with the members to the garden every Wednesday to work their plots and have bug classes with another garden volunteer. The garden community helps keep their plots watered for them. The teachers and students of Holiday Heights Elementary deserve recognition for their participation and support of the award winning Common Ground Community Garden. The Texas Master Gardener Association recently awarded the Common Ground Community Garden the 2 "' place project award in a competition with larger cities such as Houston, San Antonio and Dallas. Principal Patrick. Guy, several first grade teachers, garden club teachers and a few students will be on hand to accept the certificate of appreciation. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. A.10 Removal of Item(s) from the Consent Agenda No items for this category. COUNCIL MEMORANDUM From: The office of the City Manager Date: 5 -21 -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. No items for this category. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. C.0 PUBLIC HEARINGS No items for this category. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. E.0 PUBLIC WORKS No items for this category. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. F.0 GENERAL ITEMS COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. F.1 GN 2012 -037 Election of Mayor Pro Tem Presenter: Patricia Hutson, City Secretary Summarv: The Mayor Pro Tem is elected following the canvass and at the first regular meeting following the election. General Description: The Charter states that the Mayor Pro Tem shall be selected from the seven council members at the first regular meeting following the city's general election. The May 21 meeting is the first regular meeting after the election. Council should proceed with electing a Mayor Pro Tem at this Council meeting. Recommendation: To elect a Mayor Pro Tem. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. F.2 GN 2012 -040 Approve Grant Funded Weatherization Program Agreement - Resolution No. 2012 -015 Presenter: Debbie York Summarv: Oncor Electric Delivery Company is offering up to $100,000 to provide weatherization measures for eligible North Richland Hills residents. General Description: Oncor contracts with Frontier Associates LLC to manage their energy efficiency programs. Frontier is offering the City of North Richland Hills funding up to $100,000.00 to provide delivery of measures to reduce air infiltration, installation of insulation, replacement of inefficient appliances and heating and cooling systems in residential homes. This funding is available for work to be performed on eligible households earning up to 200% of the federal poverty income guidelines. The maximum amount that can be spent on each eligible home for energy efficiency measures is $6,500. However, under a current similar contract that the City has with Atmos an additional $1,500 per home is available for Atmos customers as well. Frontier is also offering up to $100,000 from Atmos for this program. The City has the option to receive funding on an upfront or reimbursement type basis. Below is a summary of the City's responsibilities. • Identify eligible residents who fit the income limits and use Oncor and/or Atmos. • Contract with a company to do pre and post audits and installation of measures. • Submit invoices to Frontier for work completed. • Release funding to the audit/installation contractor. The agreement states that 25% of the Allocated Funds for 2012 must be spent by the City on or before July 31, 2012, 75% by September 30, 2012 and 100% by November 30, 2012. Recommendation: To approve Resolution No. 2012 -015 NRH I N :&*] R1j 9 101 ' I' [•1+11 +1'i FIZ+Z &7 RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING THE EXECUTION OF A TARGETED LOW- INCOME WEATHERIZATION PROGRAM AGREEMENT WITH FRONTIER ASSOCIATES LLC TO ADMINISTER A TARGETED LOW - INCOME PROGRAM FUNDED BY ONCOR ELECTRIC DELIVERY COMPANY LLC IN THE AMOUNT OF $100,000 AND AUTHORIZING IMPLEMENTATION OF THE TARGETED LOW - INCOME WEATHERIZATION PROGRAM WHEREAS, Oncor Electric Delivery Company LLC (Oncor) has developed a Targeted Low - Income Weatherization Program for its low- income customers; and WHEREAS, Frontier Associates LLC (Frontier) has been engaged by Oncor to assist with delivery of energy efficiency services under the program to certain income qualified Oncor customers; and WHEREAS, the City seeks to procure energy and peak demand savings through the installation and operation of energy efficiency measures at low income customer sites; and WHEREAS, the City has developed a plan for participation in the Program through a set of proposed energy efficiency measures that will produce consistent and predictable energy and peak demand savings for low income customer sites with customers who are at 200% and below of the federal poverty level; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NORTH RICHLAND HILLS IN NORTH RICHLAND HILLS, TEXAS THAT; Section 1. The City Manager or his designee is hereby authorized to execute a Targeted Low - Income Weatherization Program funded by Oncor Electric Delivery Company LLC in the amount of $100,000. Section 2. Further, the City Manager or his designee is hereby authorized to execute all necessary documents, certifications and grant agreements and to take all necessary and appropriate action to implement the Oncor Targeted Low - Income Weatherization Program for eligible households in North Richland Hills. Section 3. A substantial copy of the agreement is attached hereto and incorporated herein for all purposes. PASSED AND APPROVED this the 21 st day of May, 2012. ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLANiD HILLS Oscar Trevino, Mayor 1_1»:161 ►1 W11IF -1 ► I9l11:10il I li vis George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Neighborhood Services Director W O U►►► A I►K s]► ►A I a►►► 1 W =r I: I A 14 W.11 I I I s] 0 1, : T• I e] :7. 1 ►v AGREEMENT OYE- 1 10111:1 :8 OWN :11:11►1 CITY OF NORTH RICHLAND HILLS 1_1r1WE FRONTIER ASSOCIATES, LLC LOW- INCOME WEATHERIZATION PROGRAM AGREEMENT This Targeted Low - Income Weatherization Program ( "Agreement ") is made and entered into by and between Frontier Associates LLC, a Texas limited liability company (hereinafter "Frontier ") and the City of North Richland Hills, a Texas municipal corporation (hereinafter "City "). City and Frontier are sometimes referred to in this Agreement individually as a "Party" and collectively as the "Parties." WHEREAS, Oncor Electric Delivery Company LLC, a Delaware limited liability company (hereinafter "Oncor') has developed a Weatherization Program for its Low - Income Customers ( "Program "); and WHEREAS, Frontier has been engaged by Oncor to assist with delivery of energy efficiency services under the Program to certain income- qualified Oncor customers ( "Customers "); and WHEREAS, the City seeks to procure energy and peak demand savings through the installation and operation of energy efficiency measures (the "Work ") at Low - Income Customer Sites; and WHEREAS, City has developed a plan for participation in the Program through a set of proposed energy efficiency measures that will produce consistent and predictable energy and peak demand savings for Low- Income Customer Sites with customers who are at 200° and below of the federal poverty level ( "Customer Sites "); and WHEREAS, Frontier has received and accepted City's application to participate as a Service Provider in the Program; and NOVA, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: li M&'T0I9] :J 4191 &.11 4:1 ►J Cy *1 1.1. City is uniquely qualified to participate as a Service Provider in the Program. 1.2. City will provide services to Frontier as described in the attached Appendix A, Scope of Work, incorporated herein for all purposes. 2. FUNDING 2.1. Frontier shall provide funds in the amount of One Hundred Thousand and 001100 Dollars ($100,000.00) for all services performed by City pursuant to this Agreement ( "Allocated Funds ") subject to the City's ability of expend the Allocated Funds in a timely_ manner, as set out in paragraph 2.2. 2.2. During the term of this Agreement, City shall adhere to the required implementation milestone schedule. Failure to meet any of the following implementation milestones may result in a proportional reduction of the Allocated Service Agreement 2 Funds. Progress towards achieving milestones shall be measured by the total dollar value (include administrative cost allowance) of the energy efficiency measure installations completed and reported by City via Frontier's Program Database. 2.2.1. 25% of the Allocated Funds for 2012 must be spent by the City on eligible energy efficiency measures which have been installed and reported via the Program Database on or before July 31, 2012. 2.2.2. 75% of the Allocated Funds for 2012 must be spent by the City on eligible energy efficiency measures which have been installed and reported via the Program Database on or before September 30, 2012. 2.2.3. 100° of the Allocated Funds for 2012 must be spent by the City on eligible energy efficiency measures which have been installed and reported via the Program Database on or before November 30, 2012. 3. REPORTING 3.1. City will submit all Customer and measure data via the Program Database. Frontier will provide training to City staff prior to Program implementation. 3.2. City will be required to provide a completed and signed Customer Acknowledgement Form for each Customer. 3.3. Invoices and Customer Acknowledgement Forms will be submitted via the Program Database. !�:ax�I�7:7�R'�!1►�lilll�1�7�1 4.1. City's books, records, correspondence, accounting procedures and practices and any other supporting evidence relating to this Agreement (all of the foregoing hereinafter referred to as "Records ") shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by Frontier or its authorized representative to the extent necessary to adequately permit evaluation and verification of Customer eligibility, or of any invoices, payments or claims based on City's actual costs incurred, or units expended, directly in the performance of the Work under this Agreement. For the purpose of evaluating or verifying such actual or claimed costs or units expended, Frontier or its authorized representative shall have access to said Records from the effective date of this Agreement, for the duration of the Work and until three (3) years after the date of final payment by Frontier to City pursuant to this Agreement. 5. TERM AND TERMINATION 5.1. The term of this Agreement shall commence on April 23, 2012 and, unless otherwise terminated as set forth herein, shall continue in force and effect until December 31 , 2012, or until the Allocated Funds are exhausted provided however, that the provisions in this Agreement related to warranties, audits and records, will survive termination. Service Agreement 3 5.2. Either Party may terminate this Agreement, in whole or in part, at any time by providing written notice of termination to the other Party. The notice of termination will specify the effective date of any termination, and that the Agreement is terminated in its entirety. Upon such termination, City shall cease providing services under this Agreement, except that City will finish any Customer Sites already commenced which cannot be discontinued. Within thirty (30) days of termination, City shall refund to Frontier all Allocated Funds that have not been applied to pay for services performed under this Agreement. 5.3. Frontier will have no obligations with respect to any contractual obligations entered into between Customer and City after City's receipt of Frontier's notice of termination. 6. DEFAULT AND REMEDIES 6.1. Each of the following events will be deemed to be an Event of Default hereunder: (a) failure of City to maintain any necessary permits, licenses or insurance required pursuant to the Agreement Documents; (b) City's submission to Frontier of any false, misleading or inaccurate information or documentation with respect to application for or implementation of the Program or City's performance hereunder; (c) Modifications to any electronic or hard copy forms or documentation of Frontier forms without the written consent of Frontier; (d) failure of either Party in a material fashion to perform or observe any of the material terms, conditions or provisions of the Agreement Documents which failure materially adversely affects the other Party. 6.2. If an Event of Default occurs, the non - defaulting Party shall be entitled to terminate this Agreement upon written notice to the other Party. Termination shall be effective upon the receipt of properly served notice. Termination of this Agreement will not relieve the defaulting Party of any obligations accruing prior to the event of termination. T. FORCE MAJEURE 7.1. Neither Party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this Section, Force Majeure is defined as: acts of war and acts of god such as earthquakes, floods and other natural disasters, or actions of others, including but not limited to strikes, lockouts or other industrial disturbance, not within the control or arising from the fault of the Party claiming Force Majeure. 8. INSURANCE 8.1. The City represents to Frontier the following: (a) The City is self- insured for comprehensive liability. The City's plan provides coverage in the amount of $1,000,000 for all damages sustained by one or more persons or organizations as a result of any one Occurrence or Wrongful Act. The aggregate payments for all damages sustained as the result of any Service Agreement 4 Occurrences or Wrongful Acts, regardless of the number of Occurrences or Wrongful Acts within one annual period, shall not exceed $3,000,000; (b) The City provides workers' compensation, including employer's liability, as required by State law. (c) The City is a governmental entity with limited liability due to its governmental immunity. Nothing in this agreement, including the provision requiring insurance, shall constitute consent to be sued or to waive the city's immunity nor to create any liability. �J111111111111101C61111 Is] *� 9.1. All notices from one Party to the other will be deemed to have been delivered on the date actually delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, or sent or delivered by such other method as will ensure evidence of its receipt to the following addresses: Frontier Associates: City: Frontier Associates, LLC City of North Richland Hills 1515 S. Capital of Texas Highway, Suite 110 Neighborhood Services Austin TX 77486 7200 -C Dick Fisher Drive South Phone (512) 372 -8778 North Richland Hills, TX 76180 Attn: Bill Brooks- CEO Attn: Debbie York 9.2. Either Party may change its address by written notice to the other in accordance with this Article 9. However, it is the sole responsibility of the City to maintain its correct mailing address, email address and telephone number in the Program Database. 10. MISCELLANEOUS 10.1. This Agreement, along with Appendix A, Scope of Work, embodies the entire agreement of the Parties superseding all other agreements of the Parties concerning the Work. 10.2. This Agreement may not be assigned or transferred without the prior written approval of Frontier. 10.3. City may subcontract the Work or other services described in this Agreement. The City shall be, to the extent allowable by law, be responsible for all acts and omissions of its employees, officers and agents, and shall be specifically responsible for sufficient inspections to assure compliance in every respect with Agreement requirements. Frontier shall not be responsible for the payment of any sums to any of the City's subcontractors or subcontractor's suppliers. City shall require all Service Agreement 5 subcontractors to provide worker's compensation insurance and other insurance coverages and limits as set forth in Article 8. 10.4. This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Texas. The Parties agree that the proper venue and jurisdiction for any cause of action relating to the Agreement will be North Richland Hills City, Texas, unless such cause of action is within the jurisdiction of the Texas Railroad Commission, in which case proper venue and jurisdiction will be at the TRC. 10.5. This Agreement is expressly made subject to City's sovereign immunity, Title 5 of the Texas Civil Remedies Code and all applicable State and federal law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the parties or the City has by operation of law. Nothing in this Agreement is intended to benefit any third -party beneficiary. 10.6. The Parties represent that each has the full right, power and authority to enter and perform this Agreement in accordance with all of the terms and conditions, and that the execution and delivery of this Agreement has been made by authorized representatives of the Parties to validly and legally bind the Parties to all terms, performances and provisions set forth in this Agreement. Service Agreement 6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. SIGNED this day of 2412 CITY OF NORTH RICHLAND HILLS Jo Ann Stout, Director of Neighborhood Services APPROVED AS TO FORM AND LEGALITY: ATTEST: City Attorney City Secretary Date: FRONTIER ASSOCIATES, LLC B y : Name - Bill Brooks Title: CEO Date: Service Agreement 7 APPENDLX A SCOPE OF WORK 1.0 Referenced Aereement. All Work shall be accomplished in accordance with the weatherization services apTeement between Frontier Associates LLC. a Texas Limited Liability Company. tFrcn tier) and the participating not- for - profit or government organization City of North Richland Hills (AGENCY). 2.0 Customer Outreach and Eliaibility Determination. Agency will utilize its own resources to iderrtify eligible customers. and shall verify income eligibility using eligibility verification procedures outlined in Texas Adnuuisuative Code JAC`) Rules for Energy Assistance Fruytaurs. The target market for the program includes income- eligible single-family homeowners. and income eligible tenants of indMdually metered multifamity housing. Agency w - ill verify that the customer premise is in the electric distribution service territory of Oncor by obtaining the ESI 1D munber or ureter ID mmtber° from the customer. verifying the validity of this number using httks.// oncor eenln.corn!ESIID %'aliclatiou.asna and inputtmg this munber into the program database. 3.0 Assessments. For customers determined to be eli ible using the procedru - es outlived in Section 2.0. Agency may conduct an assessment to determine the applicability and SavJngs- to-Investruent (SIR) ratio for the following energy efficiency measrues: 3.1 Attic insulation 3.2 Wall insulation 3.3 Compact fluorescent lamps (CFLs) 3.4 Solar screens 3.5 Replacement ENERGY STAR window unit air condrtroners 3.6 Replacement ENERGY STAR centril air conditioners and treat pumps 3.' Replacement ENERGY STAR refrigerators 3.8 Water Treating rneassiues (for electric water heaters) 3.9 Air infiltration control measures 3.10 Duct sealing NOTE: Ceiling fans are 110 I0112er tnchided in the list of allowable measures. As part of the assessment. the Agency is responsible for verifying :hat the health and satety of customers will not be impacted by the installation of any of the above measures. This nrav include_ but is not limited to_ verifying pre - and post- installation carbon monoxide levels and pre - and post - installation ventilation rates. 4.0 Assessment Fee. The fee for conducting assessments is based our performance of the NEAT Audit (including pre - and past - installation blower door test and. if applic able. pre and post installation duct leakage measurement. or on use of the midti family priority list. Payment is based on the fo[10w schedrrle: Page A -1 3I26Q012 I 100 Base assessment fee $275 Sirnale- falni1v NEAT audit $50 Allowance for single - family homes outside Dallas Tarrant couunties. and 130 miles from nearest agency office ($125) Adjustment ifhone is also participating in other programs requiring NEAT ($100) Acljushnent iflnonne is also utilizing Armos Energy finds S.0 Determination of.Measures to be Installed- Agency= shall input measure data collected during the Assessment into the program database. The program database will calculate SIR for each ofthe applicable measures and will determine the most cost -effective combination of treasures to be install ed. up to the mnaxmium exTendituure of $6.500 per horse. 6.0 Work Order Submittal. Agency shall submit work orders via the pro.eram database. Work orders shall consist of a list of knonnes for which an assessment has been completed. includung installation cost and savings estimates. 7.0 Work Order Pavunent. Frontier shall provide payment for properly - submitted work orders v fifteen days of submittal. Work order payment shall include payment for the assessment. plus estirnnated installation costs for program measu re&. and the Agency administration fee. 8.0 Installation of Measures. Agency shall perform and'or coordinate the installation activities. as well as any required post - installation services. such as installation verifications and the recycling or disposal of old appliances. All -work shall be performed in a 1.vortananlike manner. consistent with industry and TDHCA measure install ation standards. Agency sha11 complete all required services and input updated measure installation data for each home included in a work order within 25 days of work order payment. 9.0 Installation Report. Agency slrall update installation data using (lie Progzaun database for each home as soon as measures are installed. In addition to updating the installation data. A2erncy shall upload a copy ofthe Customer Certification Fonu and a copy ofthe Income Verification Forrn. Additionallv. for each home. Agency shall upload either; NEAT recorn mended measures form OR Priority Checklist. All measures entered into database must be present on the uploaded form for this hone 10.0 Atrencv Administration Fee. The program database ail[ include in the installation report the installation costs. using tine updated measure installation data.. plus the Agency's administration fee. which is eight percent (8 %) of the meastre installation costs. 11.0 Sales Taxes. The Services provided Corder this Agreement are norm- taxable. If required. Frontier shall provide a copy of sales tax exemption certificate to Agency. 12.0 Reconciliation of VTork Order and histallation Report. In consideration of satisfactoryperfoninance of the work as outlined above. Frontier reconcile the total amount due on the installation report against the corresponding work order payment. Any amotunt over or under paid slrall be credited against or added to the arnount requested on the next work order submitted after this installation report. or in the ca se of work completed near the encl of Agreement Tenn, withi t 30 days. Page A -2 3.12612012 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. F.3 GN 2012 -041 2012 Bureau of Justice Assistance Grant Program Local Award - Resolution No. 2012 -019 Presenter: Jimmy Perdue Summarv: The Police Department is seeking authorization to apply for additional grant funding to offset the City's annual obligation for the Crime Victim's Liaison program. General Description: Being the victim of a crime can be a very traumatic experience. This is particularly true for victims of violent crimes. Victims are faced with financial difficulties, a confusing court system, and possible emotional struggles. The Joint Crime Victim's Liaison program assists crime victims by alleviating the psychological and emotional trauma incurred as a result of a crime and provides crime victims with a wide array of restorative assistance. The Joint Crime Victim's Liaison program is currently being utilized by three partner cities, North Richland Hills, Richland Hills, and Watauga, enabling each city to exceed the minimum state mandate for providing victim services. Since its inception in 2009, the program has served over 1,000 victims seeking basic victim services. This program is primarily funded under a Texas Office of the Attorney General (GAG) grant, providing up to $42,000 annually. The remaining programmatic costs are deferred to the three partner cities. The police department is seeking authorization to apply for and utilize available grant funds offered through the U.S. Department of Justice - Justice Assistance Grant program to aid North Richland Hills in meeting our financial obligation to the Joint Crime Victim's Liaison program. It is anticipated that approximately 61 % of the program costs will be covered by the GAG grant, leaving the remaining portion to the partner cities. The police department's projected personnel cost is $15,810, of which the JAG grant will fund $14,461. The remaining balance of $1,349 will be funded through the Special Investigations Seized Fund. To proceed, the City Council must grant its formal approval to apply for and utilize the BJA Justice Assistance Grant # BJA - 2012 -3256 and name the City's agent to act in its dealings with the U.S. Department of Justice and appointed fiscal agent(s) in managing this grant. Recommendation: Approve Resolution No. 2012 -019 M RH RESOLUTION NO. 2012 -019 WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and the DOJ Justice Assistance Grant (local disbursement) and make appointments for the conduct of business relative to Grant # BJA- 2012 -3256; 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 DOJ Grant funds, The City Council of North Richland Hills assures that the funds will be returned to DOJ 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 DOJ Justice Assistance Grant and make appointments for the conduct of business relative to Grant ## BJA -2012 -3256. PASSED AND APPROVED this the 21 day of May, 2012. e ATTEST: Patricia Hutson, City Secretary ���'(a]M2 Oscar Trevino, Mayor 1_1 » :Z0lTl 4IN -Aa fel ;0] N i J F-11 k I III I:10M I I CA George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. F.4 GN 2012 -038 Adopt Rules Relating to the Administration of the City Relocation Assistance Program - Resolution No, 2012 -020 Presenter: Jared Miller, Assistant City Manager Summarv: This past regular session the Texas Legislature passed S.B. 18, which requires entities with eminent domain authority to adopt rules relating to the administration of a city relocation assistance program. General Description: The passage of S.B. 18 in the 81 session of the Texas Legislature provides changes and adds additional requirements for all entities with the power of eminent domain. As a cost of acquiring real property, the City will be required to pay moving expenses and rental supplements, make relocation payments, provide financial assistance to acquire replacement housing, and compensate for expenses incidental to the transfer of the property if an individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit organization is displaced in connection with the acquisition. The City is also required to provide relocation advisory assistance consistent with Uniform Relocation Assistance Act. The proposed Rules Relating to Administration of City Relocation Assistance Program are adapted from the Uniform Relocation Assistance Act (42 USG §4622 -4625) and address the following: • Moving and related expenses • Replacement housing for homeowner • Replacement housing for tenants • Relocation planning, assistance coordination, and advisory services • Housing replacement by the City as a last resort • Limits expenditures to those authorized under federal law Recommendation: Approve Resolution No. 2012 -020, Adopting Rules Relating to Administration of City Relocation Assistance Program. RULES RELATING TO ADMINISTRATION OF CITY RELOCATION ASSISTANCE PROGRAM (derived from 42 USC §4622 -4625) Sec. 1 MOVING AND RELATED EXPENSES (a) General Provision When the acquisition of real property by the city will result in the displacement of any person, the city shall pay the displaced person: (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property not more than 50 miles; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the city manager or his designee; (3) actual reasonable expense in searching for a replacement business or farm; and (4) actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business as its new site, but not to exceed $10,000. (b) Code Displacement A person who moves or discontinues his business, moves personal property or moves from his dwelling as a direct result of code enforcement, rehabilitation, or a demolition program, such person is considered to be displaced because of the acquisition of real property. (c) Displacement from dwelling, election of payments: expense and dislocation allowance Any displaced person eligible for payments under subsection (a) or (b) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive an expense and dislocation allowance, which shall be determined according to the current schedule established pursuant to 42 USC §4622(b). (d) Displacement from business or farm operation; election of payments; minimum and maximum amounts eligibility Any displaced person eligible for payments under subsection (a) of this section who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the city manager may elect to accept the payment authorized by 42 USC §4622(c) in lieu of payment authorized by subsection (a) hereof. Such payment shall consist of a fixed payment in an amount to be determined according to criteria established pursuant to 42 USC §4622(c), except that such payment shall not be less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection. Sec.2 REPLACEMENT HOUSING FOR HOMEOWNER; MORTGAGE INSURANCE (a) Payments to displaced owners occupying for 180 days or more. In addition to payments otherwise authorized by these Rules, the city shall make an additional payment not in excess of $22,500 to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements: (1) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling. (2) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien of such dwelling for not less than 184 days immediately prior to the initiation of negotiations for the acquisition of such dwelling. (3) Reasonable expenses incurred by such displace person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (b) Payments available only to persons who purchase and occupy other dwelling within one year. The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within 1 year after the date on which such person receives final payment from the city for the acquired dwelling or the date on which the city's obligation under section 4(c )(3) of this Rule is met, whichever is later, except that the city may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within 1 year of such date. Sec. 3 MllNW_[ N:11► A101► Ir:C 9l1� -11►[H go] S 1M.1101 We] :11 iIF_110 Kell I:101 :� (a) Payments to displaced persons occupying for 90 days or more. In addition to amounts otherwise authorized by these Rules, the city shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 2 of this Rule which dwelling was actually and lawfully occupied by such displaced person for not less than 90 days immediately prior to: (1) the initiation of negotiations for acquisition of such dwelling, or (2) in any case in which displacement is not a direct result of acquisition, such other event as the city manager or his designee shall prescribe. Such payment shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling, but not exceed $5,250. At the discretion of the city manager or his designee, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low- income displaced person for a comparable replacement dwelling shall take into account such person's income. (b) Use of funds, additional payments to certain displaced homeowners. Any person eligible for payment under subsection (a) of this section may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any such person may, at the discretion of the city manager or his designee be eligible under this subsection for the maximum payment allowed under subsection (a) of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under section 2(a) of these Rules had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of such negotiations. Sec.4 RELOCATION PLANNING, ASSISTANCE COORDINATION, AND ADVISORY SERVICES (a) Planning of programs or projects Programs or projects undertaken by the City shall be planned in a manner that: (1) recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of such problems in order to minimize adverse impacts on displaced person and the expedite program or project advancement and completion. (b) Availability of advisory services The city manager shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by such agency. If such city manager determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the city manager may make available to such person such advisory services (c) Measures, facilities, or services; description Each relocation assistance advisory program required by subsection (b) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to: (1) determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance; (2) provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations; (3) assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of: (A) a major disaster as defined in 42 USC. §5122(2); (B) a national emergency declared by the President; or (C) any other emergency which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person; (4) assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location; (5) supply (A) information concerning other Federal and State programs which may be of assistance to displaced persons, and (6) technical assistance to such persons in applying for assistance under such programs; and (6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. (d) Coordination or relocation activities with other Federal, State, or local governmental actions The city manager or his designee shall coordinate the relocation activities performed by the city with other Federal, State, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services. (e) Tenants occupying property acquired for programs or projects, eligibility for advisory services In any case in which the city acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the city manager. 6 �:[6110 »;[9l:111►►101 ONIaO a I:I:9i11WNTIVIW_N".1aVMYO7:49 (a) Expenditures for dwellings if no comparable dwellings are available. If a program or project undertaken by the city cannot proceed on a timely basis because comparable replacement dwellings are not available, and the city manager determines that such dwellings cannot otherwise be made available, the city manager may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The city manager may use this section to exceed the maximum amounts which may be paid under sections 2 and 3 of these Rules on a case -by -case basis for good cause as determined in accordance with such regulations as the city manager shall issue. (b) City manager to be satisfied as to existence of available comparable replacement housing. No person shall be required to move from his dwelling on account of any program or project undertaken by the city, unless the city manager is satisfied that comparable replacement housing is available to such person. Sec. 6 EXPENDITURES LIMITED TO THOSE AUTHORIZED UNDER FEDERAL LAW Notwithstanding anything to the contrary herein, no expenditure is authorized that exceeds payments authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601, et seq. No expenditure shall be made for any person who is not lawfully within the United States. NKH 1.1 *fel Itij 9 101 � I � C•1+11 +1'i FIZOWS, WHEREAS, the Texas Legislature during this past session passed Senate Bill 18, which, among other changes, requires entities with the power of eminent domain to adopt rules for relocation advisory assistance consistent with the Uniform Relocation Assistance Act (42 USC §4622- 4625 ); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the attached "Rules Relating to Administration of City Relocation Assistance Program" are hereby adopted. 1,1 k I1l11d64::1611041;6] A►1=111 PASSED AND APPROVED on the 21st day of May, 2012. la 1-Ai11*iii Patricia Hutson, City Secretary �1��'( *7 ML Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. G.0 EXECUTIVE SESSION ITEMS COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. G.1 Action on Any Item Discussed in (Executive Session Listed on Work Session Agenda COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: May 21, 2012 Subject: Agenda Item No. . Presenter: Jared Miller Summary: Authorize the City Manager to Execute a Contract for the Purchase of 6709 Corona Drive, Block 22 Lot 9, Snow Heights Addition General Description: Rufe Snow Drive between Meadowlakes Drive and Loop 820 has seven different intersections along a 700 foot stretch of road. Congestion peaks during morning and afternoon commutes with 40 percent of the daily traffic volume occurring between 7AM to 9AM and 4PM to 6PM. The owners at 6709 Corona approached the City about selling their property given the widening of Loop 820 and congestion along Rufe Snow. While both TxDOT and North Tarrant Express Mobility Partners have approved the plans to reconstruct Rufe Snow Drive immediately south of Loop 820, staff is timing the construction so that it will not conflict with the upcoming removal and replacement of the Iron Horse bridge. Staff also continues to investigate and evaluate a long term plan for the portion of Rufe Snow south of Loop 820 to ease congestion and increase mobility. Given the owner's desire to sell their property and the Council goals of Quality Community Development & Revitalization and Targeted Economic Development, the opportunity exists to purchase 6709 Corona for $108,000. Recommendation To authorize the City Manager to purchase 6709 Corona Drive in the amount of $108,000 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. H.1 Announcements - Councilman Rodriguez Announcements City Hall and other non - emergency City offices will be closed on Monday, May 28th, for the Memorial Day Holiday. The NRH Centre, Iron Horse Golf Course and NRH20 Family Water Park will be open on Memorial Day. Garbage and recycling will be collected as normal. "Get a Clue" with the Texas Reading Club this summer at the North Richland Hills Public Library. Registration for the reading club begins on May 29th and ends July 14th. For more details, visit the Library at 9015 Grand Ave. or call 817- 427 -5818. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we spotlight. Angel Bellard of the Finance !Department — A resident recently emailed regarding his electronic water bill. Of all the electronic notifications he receives, he said the city's is "by far, the very best." Thank you for doing such a great job, the resident added. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -21 -2012 Subject: Agenda Item No. H.2 Adjournment