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CC 2012-07-23 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, July 23, 2012 6:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Municipal Complex Oversight Committee (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 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 July 20, 2012 at 11.?55 a.m. C 1 sis 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 — July 23, 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, July 23, 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) - Presentation of Citizens Meritorious Act Award to Kyle Gonzalez presented by Mayor Trevino AA Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent 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 — July 23, 2012 Page 2 of 4 B.1 Approval of Minutes of July 9, 2012 City Council Meeting B.2 GN 2012 -060 Consider Approval of a "Temporary License Agreement for Water Line Placement & Damage Release" with Chesapeake Operating, Inc. for the Temporary Placement of Water Lines within Public Right -of -Way B.3 PW 2012 -021 Approve the Release of a Water Line Easement Located within Lot 9R of Block 29 of the Richland Terrace Addition - Ordinance No. 3210 B.4 GN 2012 -063 Consider acceptance of the 2011 Urban Area Security Initiative (UASI) Grant in the amount of $27,812.00 for Urban Search and Rescue Training 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 PU 2012 -018 Approve Lease Purchase Agreement for Club Car Golf Carts at the Iron Horse Golf Course F.2 PU 2012 -019 Approve Lease Agreement for VISAGE GPS System at the Iron Horse Golf Course F.3 GN 2012 -061 Authorize Early Retirement of JP Morgan Chase Capital Lease Purchase of Cardio Fitness Equipment F.4 GN 2012 -062 Approve the Abandonment of a Portion of Property Previously Dedicated to the City - Ordinance No. 3209 F.5 PU 2012 -020 Award Bid No. 12 -028 for Energy Efficiency Contractor Services F.6 GN 2012 -065 Appointments to Boards & Commissions - Place 4 F.7 GN 2012 -064 Appointments to Red Light Camera Advisory Committee (Mayor & Place 4 Appointments) G.0 EXECUTIVE SESSION ITEMS NRH City Council Agenda — July 23, 2012 Page 3 of 4 G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilwoman Wright Oujesky H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliange with Chapter 551, Texas Government Code on July 20, 2012 at W-1515 a.m. �.-�,(� 4 A nt 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 — July 23, 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, July 23, 2012 6:301 P.M. A.0 Discuss Items from Reaular Citv Council Meeting A.1 Municipal Complex Oversiaht Committee (1O Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followinq as authorized by Chapter 551, Texas Government Code C.0 Adiournment MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. A.a Discuss Items from Regular City Council Meeting MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. A.1 Municipal Complex Oversight Committee (10 Minutes) Presenter: Mark Hindman, City Manager Summarv: This item is to talk about the formation of a Municipal Complex Oversight Committee. General Description: Prior to the bond election in May, information was provided to the community to educate them about the bond proposal. In both presentations and literature it was proposed that an oversight committee, made up of citizens and elected official, be formed to provide oversight over the construction of the new municipal complex. With approval of the 2012 Bond Proposition and with design of the complex in its initial phase, it is now time to start forming this committee. On Monday night staff would like to take the opportunity to discuss with City Council options for the development of this committee. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -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 MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -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, July 23, 2012 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Whitson A.2 Pledae - Councilman Whitson A.3 Special Presentation(s) and Recoanition(s) - Presentation of Citizens Meritorious Act Award to Kvle Gonzalez presented by Mavor Trevino AA Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 9. 20112 Citv Council Meetina B.2 GN 2012 -060 Consider Approval of a "Temporary License Aareement for Water Line Placement & Damaae Release" with Chesapeake Oneratina, Inc. for the Temporary Placement of Water Lines within Public Riaht- of -Wav B.3 PW 2012 -021 Approve the Release of a Water Line Easement Located within Lot 9R of Block 29 of the Richland Terrace Addition - Ordinance No. 3210 B.4 GN 2012 -063 Consider acceptance of the 2011 Urban Area Securitv Initiative (UASI) Grant in the amount of $27,812.00 for Urban Search and Rescue Trainina 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 PU 2012 -018 Approve Lease Purchase Aareement for Club Car Golf Carts at the Iron Horse Golf Course F.2 PU 2012 -019 Approve Lease Aareement for VISAGE GPS Svstem at the Iron Horse Golf Course F.3 GN 2012 -061 Authorize Early Retirement of JP Morqan Chase Capital Lease Purchase of Cardio Fitness Equipment F.4 GN 2012 -062 Approve the Abandonment of a Portion of Propertv Previously Dedicated to the Citv - Ordinance No. 3209 F.5 PU 2012 -020 Award Bid No. 12 -028 for Enerav Efficiencv Contractor Services F.6 GN 2012 -065 Appointments to Boards & Commissions - Place 4 F.7 GN 2012 -064 Appointments to Red Liaht Camera Advisory Committee (Mavor & Place 4 Appointments) G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session. Aqenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilwoman Wright Ouieskv H.2 Adiournment MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. A.0 Call to Order - Mayor Trevino MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. A.1 Invocation - Councilman Whitson MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. A.2 Pledge - Councilman Whitson NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - Presentation of Citizens Meritorious Act Award to Kyle Gonzalez presented by Mayor Trevino Presenter: Mayor Trevino Summarv: An employee of the Sam's Club located at 6375 N.E. Loop 820 is being recognized for his honesty, integrity and high moral values. Kyle Gonzalez was rounding up carts in the parking lot when he found a bank bag containing $9,500 and turned it in to the store manager. His action resulted in the money being returned to its rightful owner. Kyle's actions set an example for everyone to follow. He is a tremendous asset to Sam's Club and to the community of North Richland Hills. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -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. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. A.5 Removal of Items) from the Consent Agenda MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. B.a 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. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. B.1 Approval of Minutes of July 9, 2012 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the July 9, 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 — JULY 9, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9 th day of July 2012 at 6:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place b Council, Place 6 Council, Place 7 Staff Members: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters Kristin Weegar John Pitstick Larry Koonce Mike Hamlin Greg VanNieuwenhuize Stacy Udoni Call to Order City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Assistant Police Chief Assistant Public Works Director Public Works Management Assistant Mayor Trevino called the work session to order at 6:30 p.m. A.0 Discuss Items from Regular Citv Council Meetina Councilman Welch questioned item B.8 the Brinkley Sargent Architects Professional Services Agreement on the lump sum and optional charges language. Mark Hindman, City Manager, presented an amendment to Exhibit C of the agreement where the language had been corrected to not to exceed the amount listed on the agreement unless additional services were requested and authorized by the city and if services are not required there will be a reduction in the fee charged for these services. Mayor Trevino recognized Mr. Nowell Sargent with Brinkley Sargent Architects and Ana Carrillo with Kimley Nam in the audience. B.0 EXECUTIVE SESSION - Session to discuss the Government Code No items for this category. C.0 Adiournment The Citv Council may enter into closed Executive followina as authorized by Chapter 551. Texas Mayor Trevino announced at 6:35 p.m. that the Council would adjourn to the regular Council meeting. N*11JA'_1a010111►M10'il=1 =II►CL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order July 9, 2012 at 7:00 p.m. :Z61 I WOY-Al I I Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Staff: Mark Hindman Mayor Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) - RECOGNITION OF THE HANGIN' WITH THE HEAT SUMMER CAMP Andy Kancel, Assistant Police Chief presented a PowerPoint presentation with pictures of the North Richland Hills Police and Fire Department's 2012 "Hangin' with the Heat" Summer Camp. Campers in the audience were recognized for participating and making a positive impact on one North Richland Hills resident. Mayor Trevino invited the campers in the audience to join the Councilmembers at the dais to be part of the Council Meeting. A.4 CITIZENS PRESENTATION 14 15 m A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.4 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 25, 2012 CITY COUNCIL MEETING B.2 GN 2012 -052 ESTABLISHING PROCEDURE FOR JUDICIAL APPEAL OF SUBSTANDARD BUILDING BOARD ORDERS - ORDINANCE NO. 3247 B.3 PW 2412 -420 APPROVE AN ORDINANCE AMENDING CHAPTER 78: "UTILITIES" OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS IT PERTAINS TO WATER WELLS - ORDINANCE NO. 3248 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. C.0 PUBLIC HEARINGS No items for this category. D.4 PLANNING & DEVELOPMENT Items to follow do not require a Public hearing. D.1 RP 2012 -02 CONSIDERATION OF A REPLAT TO CREATE LOT 1 R, BLOCK A, COLLEGE HILL ADDITION ON PROPERTY CURRENTLY DESCRIBED AS BLOCKS A AND B AND LOT A, BLOCK 28, COLLEGE HILL ADDITION; LOCATED ON 41.07 ACRES AT 6200 HOLIDAY LANE APPROVED Mayor Trevino called on the applicant to come forward and present the case. Russ Garrison with SEDALCO Construction Services, Construction Manager for Fort Worth Christian, came forward. Mr. Garrison explained that Fort Worth Christian wanted to build a new administration building. The replat would combine the properties and clean up the plat for any future construction. John Pitstick, Director of Planning & Development, summarized the item. The Fort Worth Christian School is requesting a replat for the purpose of combining the property under their ownership into a single 41.07 acre lot. The replat is required because the school is planning to build a new administration building which would otherwise straddle the existing boundary of Block A and Block B and would therefore not comply with minimum building line standards. The Planning & Zoning Commission recommended approval of replat request RP 2012 -02 by a 6 -0 vote. COUNCILMAN RODRIGUEZ MOVED TD APPROVE RP 2012 -02. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.2 RP 2012 -06 CONSIDERATION OF A REPLAT TO CREATE TRACTS 211-1, 2R -2, AND 2R -3, NRH INDUSTRIAL PARK ON PROPERTY CURRENTLY DESCRIBED AS TRACT 2, OF TRACT 1, 2, AND 3, NRH INDUSTRIAL PARK; LOCATED ON 3.275 ACRES IN THE 5700 BLOCK OF RUFE SNOW DRIVE APPROVED Mayor Trevino called on the applicant to come forward and present the case. Chris Rogers with CEI Engineering representing Firestone came forward. Mr. Rogers explained that the item was a request for a replat to build a Firestone Complete Auto Care business. John Pitstick, Director of Planning & Development, summarized the item. On behalf of property owners Steven J. Stallard and Rufe Snow Car Wash, LP, Mays & Company is requesting approval of a replat for Tracts 2R1, 2R2 and 2R3, NRH Industrial Park, an industrial -zoned property of 3.275 acres located near the northeast corner of Iron Horse Drive and Rufe Snow Drive. Approval of this replat would allow for the construction of a new Firestone Complete Auto Care business just south of the existing car wash. The plat also parcels out a third lot which fronts Iron Horse Drive to the east and which at this point will remain vacant. The Subdivision will be required to have sidewalks installed along its frontage during the building permit process on each lot. The developer will be required to design and construct these items /improvements per current minimum City standards. The Planning & Zoning Commission recommended approval of RP 2012 -06 by a vote of 6 -0. COUNCILMAN WHITSON MOVED TO APPROVE RP 2012 -06. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC 'WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2012 -051 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM FY 2013 GRANT - RESOLUTION NO. 2012 -023 APPROVED Mike Hamlin, Assistant Police Chief, presented the item. The Texas Department of Transportation (TxDOT) provides grant programs to support the mission of the Selective Traffic Enforcement Program (STEP), which is to reduce the number and severity of vehicular crashes throughout the state. The North Richland Hills Police Department has received notification from TxDOT that grant funds have been allocated under the STEP 2013 Program to reimburse for overtime hours incurred while conducting enforcement for speed compliance and increased DWI enforcement. Staff recommends approval of Resolution No. 2012 -023 to authorize application for the grant and appoint the City Manager as the agent to act for the City relative to the grant. MAYOR PRO TEM LOMBARD MOVED To APPROVE RESOLUTION NO. 2012 -023. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2012 -053 APPOINTMENTS TO BOARDS & COMMISSIONS APPROVED Patricia Hutson, City Secretary presented the item. The terms of office for the individuals serving on the Boards and Commissions in Places 2, 6 and Alternate 1 Ex Officio have expired. In addition, Place 5 position on the Teen Court Advisory Board has been vacated. For the boards listed below, Chapter 2, Article I'll, Section 2-121c of the Code of Ordinances states that the City Council will act upon Council member nominations. The following nominations have been submitted for Council consideration at this time: Keep North Richland Hills Beautiful Commission Latoyia Dennis Place 2 Kathy Luppy Place 6 Shannon Juarez Alternate Board of Adjustment Brian Crowson Place 2 Bill Gibbs Place 6 Library Board Karen Alexander Place 2 Mike Madar Place 6 Kathy Antropik Alternate Park and Recreation Board Suzy Compton Place 2 Jay Crane Place 6 Paul Pena III Alternate Planning & Zoning Commission and Capital Improvement Advisory Committee Mike Benton Place 2 William Schopper Place 6 Gerald (Jerry) Tyner Ex Officio Substandard Building Board Thomas Moreau Place 2 Brian Crowson Place 6 Teen Court Advisory Board Janet Golightly Place 2 Lisa Daugherty Place 5 Karen Russell Place 6 The Place 4 nominations are not yet complete and Council will be presented with these nominations at a future Council meeting. The terms of office for Places 2, 6, and Alternate /Ex Officio will expire June 30, 2014 and term of office for the appointment to Place 5 will expire June 30, 2013. COUNCILMAN TURNAGE MOVED TO APPROVE APPOINTMENTS TO THE BOARD AND COMMISSION, GN 2012 -053. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2012 -054 APPOINTMENTS TO CIVIL SERVICE COMMISSION — PLACES 1, 2, 4, 5 & EX OFFICIOS APPROVED Patricia Hutson, City Secretary presented the item. The terms of office for the individuals serving in Places 1, 2, 4, 5 and Ex Officios on the Civil Service Commission expired June 30, 2012. The Charter stipulates that these appointments are mayoral appointments with confirmation by two- thirds vote of the Council. Mayor Trevino is recommending the following individuals for Council confirmation: Place 1 Place 2 Place 4 Place 5 Ex Officio Ex Officio Sally Bustamante September Daniel Arthur De La Flor Robert Harrison Tony Radar Brent Barrow term expires 6130/2013 term expires 6130/2013 term expires 6130/2014 term expires 6/3012015 term expires 613012014 term expires 6130/2014 COUNCILMAN WELCH MOVED TO APPROVE GN 2012 -054; THE APPOINTMENTS TO THE CIVIL SERVICE COMMISSION, PLACES 1, 2, 4, 5 AND Ex- OFFICIO. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2012 -055 APPOINTMENTS TO RED LIGHT CAMERA ADVISORY COMMITTEE APPROVED Ms. Patricia Hutson, City Secretary presented the item. In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The committee's purpose is to advise the Council on the installation and operation of a photographic traffic signal enforcement established under Article X of Chapter 54. The Council members have submitted the following names for appointment to the Red Light Advisory Committee. Their terms of office will expire June 30, 2013. Councilman Rodriguez Councilwoman Wright Oujesky Mayor Pro Tem Lombard Councilman Whitson Councilman Turnage Councilman Welch Bob McCary Richard Scott Wood Charlie Ott Gerald Tyner Pam Hansen Karen Williams MAYOR PRO TEM LOMBARD MOVED TO APPROVE THE APPOINTMENTS TO THE RED LIGHT ADVISORY COMMITTEE. COUNCILMAN WHITSON SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2412 -056 APPOINTMENTS TO PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION - PLACES 1, 3,5 AND 7 APPROVED Ms. Patricia Hutson, City Secretary presented the item. The terms of office for the Board Members serving in Places 1, 3, 5 and 7 on the Park and Recreation Facilities Development Corporation expired on May 1, 2012. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 1 -4 are designated for Council Member Directors and 'Places 5 -7 are designated for Citizen Member Directors. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve on this Board. The places with expired terms are: Place 1 - Council Member Director ( Councillman Whitson- incumbent) Place 3 - Council Member Director (Mayor Trevino - incumbent) Place 5 - Citizen Member Director (Tracye Tipps — incumbent) Place 7 - Citizen Member Director (Brad Greene — incumbent) MAYOR PRO TEM LOMBARD MOVED TO APPROVE GN 2012 -057 TO REAPPOINT COUNCILMAN WHITSON, PLACE 1; MAYOR TREVINO, PLACE 3; TRACYE TIPPS, PLACE 5; AND BRAD GREENE, PLACE 7 TO THE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.6 GN 2012 -057 APPOINTMENTS TO ANIMAL ADOPTION & RESCUE CENTER ADVISORY COMMITTEE - PLACES 2 AND 4 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. The individuals serving in Places 2 and 4 on the Animal Adoption and Rescue Center Advisory Committee terms of office expired on June 30. Currently serving in Place 2 is Councilman Tito Rodriguez and Place 4 is Pam Burney, Vice President of Community Initiatives, American Society for the Prevention of Cruelty to Animals. Both of these positions are two year terms of office. Recommendation to appoint a city official to Place 2 and a representative from an animal welfare organization to Place 4, terms expiring June 30, 2014. MAYOR PRO TEM LOMBARD MOVED TO REAPPOINT COUNCILMAN RODRIGUEZ, PLACE 2 AND PAM BURNEY, PLACE 4 ON THE ANIMAL ADOPTION & RESCUE CENTER ADVISORY COMMITTEE. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.7 GN 2012 -058 APPOINTMENT OF BOARD DELEGATE TO REINVESTMENT ZONE NO. 1 AND REINVESTMENT ZONE NO. 2 APPROVED Patricia Hutson, City Secretary, presented the item. With the resignation of Ken Sapp from the City Council, the city has one vacant seat on the Board of Directors of Reinvestment Zone No. 1 and Reinvestment Zone No. 2. The City Council is being requested to appoint a City Council Member to fill the seat vacated by former Councilmember Ken Sapp. The Council Member appointed to fill these vacancies will serve until October 2012 at which time all board members terms will expire. COUNCILMAN TURNAGE MOVED TO APPOINT COUNCILWOMAN WRIGHT OUJESKY TO BOTH THE REINVESTMENT ZONE NO. 1 AND REINVESTMENT ZONE NO. 2. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.8 GN 2412 -459 BRINKLEY SARGENT ARCHITECTS PROFESSIONAL SERVICES AGREEMENT - RESOLUTION NO. 2012 -024 APPROVED Jimmy Perdue, Public Safety Director, summarized the item. City Council is being asked to authorize the City Manager to execute a professional services contract with Brinkley Sargent Architects in the amount of $4,893,847 for professional architectural services related to the design and construction of the new Municipal Complex. The approved project includes funding for engineering, design and construction administration services related to the development of the proposed new Municipal Complex located on approximately 12 acres of land in the Calloway Creek Commercial development (formerly North Hills Mall). Staff is recommending approval of Resolution No. 2012 -024. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2012 -024; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE CONTRACT IN THE AMOUNT $4,893,847 WITH THE AMENDMENT TO EXHIBIT C SUPPLEMENTAL SERVICE FEES. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. G.0 EXECUTIVE SESSION ITEMS GA ACTION ON ANY ITEM DISCUSSED IN 'EXEC'UTIVE SESSION LISTED ON WORK SESSION AGENDA No items for this category. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Welch made the following announcements with help from Maddie Ross, camper of the NRH Police and Fire Department's 2012 Hangin' with the Heat Summer Camp. Golfers and pet lovers are invited to participate in the North Richland Hills Animal Adoption & Rescue Center benefit golf tournament on Saturday, July 14 at Iron Horse Golf Course. The registration fee is $70 plus tax, with proceeds being donated to the NRH Animal Adoption & Rescue Center. You can register online at www.ironhorsetx.com or by calling 817485 -6666. Dive -in Movies continue on Friday nights at NRH2O. Join us on July 13th for "The Sandlot" and July 20 for "Jaws." Dive -in Movies are free with paid admission to the park. For more details, please call 817 - 427 -6500. Learn CPR and save a life'! The North Richland Hills Fire Department conducts CPR training classes once each month. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, July 21st. The cost is $25. The class is American Heart Association approved and participants will receive a Certification Card. To sign up or get more information, please call 817- 427 -6900. Kudos Korner - Tuan Ngo of the Facilities & Construction Department. A teacher was awkwardly wheeling a 40 gallon trash can full of paper down Dick Fisher Drive to empty it into a recycling bin when Tuan saw her and pulled over to assist. Tuan loaded the can and drove it to the recycling bin and unloaded it. The teacher wanted to express her heartfelt thanks for Tuan lending a helping hand. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:42 p.m. Oscar Trevino — Mayor FIN ir* -'36 Patricia Hutson, City Secretary NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. B.2 GN 2012 -060 Consider Approval of a "Temporary License Agreement for Water Line Placement & Damage Release" with Chesapeake Operating, Inc. for the Temporary Placement of Water Lines within Public Right -of -Way Presenter: Jared Miller, Assistant City Manager Summary: Council is being asked to approve a Temporary License Agreement with Chesapeake Operating, Inc. ( "Chesapeake ") which would allow the installation of waterlines within the public Right -of -Way of Rufe Snow Drive and Iron Horse Boulevard. General Descrir)tion: On May 14, 2012, the Council approved the Special Use Permit (a clarification of the specific SLIP Ordinance was subsequently approved by the City Council on .tune 6, 2012) for a gas drilling /production pad site known as the Rick Gas Well Site off of Wuliger Way (immediately north of Browning Drive). The SUP for the Rick Site was approved with the following limitations: 1. the maximum number of gas wells is ten (10) 2. the SUP for this site expires after five (5) years 3. A minimum setback of one hundred fifty feet (150') was established for seven (7) of the (10) proposed gas wells to adjacent property lines and public streets. As with other gas well sites, Chesapeake requires a large volume of water during their drilling and fracturing operations. On other gas well sites, this requirement is typically met by storing water in a "frac pond" located fairly close to the gas well site. However, in an effort to reduce Chesapeake's "gas well operations footprint" and to provide for future potential development sites in this area, the Rick Site was approved without a frac pond. Chesapeake proposes to obtain water for their Rick Site fracturing operations from the frac pond associated with the Engler Gas Well Site (site immediately east of the Fire Administration building). Obtaining water from the Engler Site's frac pond will require the temporary placement of water lines between the two (2) gas well sites. Chesapeake, for the most part, is proposing to lay these temporary water lines within the Cottonbelt Rail Line's ROW. Chesapeake has obtained permission from DART (who is the owner of the Cottonbelt Rail Line) to install such water lines. However, Chesapeake also needs permission from the City when they cross through the City's culvert structures under Rufe Snow Drive and Iron Horse Boulevard. The "Temporary License Agreement for Water Line Placement & Damage Release," upon the Council's approval, would allow Chesapeake to cross the City's ROW at Rufe Snow Drive and Iron Horse Boulevard. This temporary agreement is set up very similar to the City's standard gas pipeline agreements that have previously been approved for permanent gas pipeline crossings underneath public ROW. The City has not had any issues with Chesapeake regarding the application and enforcement of these previously approved gas pipeline agreements. Because the two (2) contemplated crossings at Rufe Snow Drive and Iron Horse Boulevard are through drainage culverts, the Agreement also places the following requirements on Chesapeake: • Chesapeake shall remove the temporary water lines within four (4) hours upon the City providing Chesapeake notice • Chesapeake shall be liable and responsible for any and all of the City's damages, loses, liabilities, etc. due to the temporary water lines 'being located in the drainage culverts. Additionally, Chesapeake shall and indemnify and 'hold the City harmless against any and all claims, lawsuits, etc. due to the installation, maintenance, etc. of the temporary water lines This Agreement also provides for the following: • Only fresh water (no salt, produced, flowback water) may be transported through these temporary water lines • The term of the agreement is five (5) years and one year extensions may be extended at the discretion of the City • For drilling operations, the temporary water lines may be removed and installed no more than ten (10) times per year and they cannot remain on site longer than thirty (30) days unless a time extension is granted by the City's gas inspector (Fire Marshal's Office) • For fracturing operations, the temporary water lines may be removed and installed no more than five (5) times per year and they cannot remain on site longer than 21 days unless a time extension is granted by the City's gas inspector. • Chesapeake is to pay a license fee in the amount of one thousand dollars ($1,000) or thirty cents ($0.30) per linear foot of ROW crossing, whichever amount is greater, for each occasion that the temporary water lines are installed (this fee is in the same amount that the City of Fort Worth charges). The City Attorney has reviewed the temporary agreement and has determined that it is acceptable. Recommendation: Approve the "Temporary License Agreement for Water Line Placement & Damage Release" with Chesapeake Operating, Inc. TEMPORARY LICENSE AGREEMENT FOR WATER LINE PLACEMENT & DAMAGE RELEASE [Rufe Snow Drive] [Iron Horse Boulevard] The following statements are true and correct and constitute the basis upon which the parties have executed this Agreement. A. Chesapeake Operating Inc., an Oklahoma corporation duly authorized to do business in Texas ( "Licensee ") wishes to install above - ground temporary water lines ( "TWL ") for the transportation of fresh water for fracturing operations under certain Public Rights -of -Way. B. The City has reviewed Licensee's request and agrees to grant Licensee a license to use certain culverts within Public Rights -of -Ways in order to install, operate, repair, maintain, and remove TWL, on the terms and conditions set forth herein, solely for the transportation of fresh water from the Engler Gas Well Site to the Rick Work Gas Well Site and solely in accordance with the terms and conditions of this Agreement. 1. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock corporation, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean this Temporary License Agreement for Water Line Placement & Damage Release. Licensee shall mean Chesapeake Operating Inc., an Oklahoma corporation, only and shall not include any Affiliate or third party. City shall mean the area within the corporate limits of the City of North Richland Hills, Texas and the governing body of the City of North Richland Hills, Texas. City Manager shall mean the City Manager of the City of North Richland Hills, Texas. Commission shall mean the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Commission. Development Review Committee (DRC) shall mean the City's internal staff review committee that includes, but is not limited to, representatives of the departments of planning and development, inspections, public works, fire, police, parks and recreation, neighborhood services, economic development, and the Gas Inspector. Gas Inspector shall mean an individual designated by the City Manager or any other Person or entity so designated as an inspector by the City Manager. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of business entity or association. Public Rights -of -Way shall mean only those dedicated public streets, highways, alleys and rights -of -way in the City identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Public Works Department shall mean the Public Works Department of the City of North Richland Hills, Texas. Temporary Water Lines ( "TWL ") shall mean the water lines that are placed within Public Rights -of -Way above the ground or through culverts for the transportation of water for drilling and fracturing operations. TWLs for fracturing operations consist of a maximum of three ten (10) inch water lines. TWLs for drilling operations consist of one four (4) inch water line. Temporary Water Bridge shall mean a temporary bridge constructed of steel pipe which elevates TWL over existing roadways, trails, easements, right of way, etc. Trail shall mean the concrete recreational trail known as the "Cotton Belt Trail" located in North Richland Hills. 2. GRANT OF RIGHTS. 2.1. General Use of Public Rights- of -Wav for Provision of Transportation of Water. Subject to the terms and conditions set forth in this Agreement the City, to the extent of its interest therein, hereby grants Licensee a license to: (i) install, operate, repair, maintain, and remove TWL within, along and across the Public Rights -of -Ways; and (ii) transport fresh water through the portions of the TWL in, under, along and across the Public Rights -of -Ways as described in Exhibit "A" attached. Licensee hereby acknowledges and agrees that this Agreement allows only the transportation of fresh water through the Public Rights -of -Ways. No salt/producedlflowback water may be transported through the TWL. 2.2. Nonexclusive. This Agreement and all rights granted' to Licensee herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights - of -Ways to other Persons in accordance with applicable law and as the City deems appropriate. This Agreement does not establish any priority for the use of the Public Rights -of -Ways by Licensee or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights -of -Ways, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3. Other Permits. This Agreement does not relieve Licensee of any obligation to obtain other appropriate permits, licenses and other approvals from the City or other regulatory agency necessary for the erection, construction, installation, maintenance, removal or repair of Licensee's TWL or the transportation of water through such TWL. 2.4. TWL Route. Licensee agrees that the TWL route within the territorial limits of the City of North Richland Hills shall not deviate from the route depicted in Exhibit "B," hereto, which may be amended from time to time, upon the approval of the Gas Inspector. 3.1. Agreement Term. This Agreement shall become effective on the date as of which both parties have executed it (` "Effective Date ") and shall expire on the five (5) year anniversary thereof ( "Agreement Term ") unless terminated earlier as provided herein. The Agreement Term may be extended for additional periods of time up to one (1) year each at the discretion of the City. 0110�kyiy1M071", 0 3.2.1. Drilling Terms. The TWL may be removed and installed up to ten (10) times over the duration of the Agreement Term for drilling operations. The duration of the TWL placement for drilling operations shall be limited to thirty (30) days per occurrence, unless an extension of time is approved by the Gas Inspector. During all other time periods, the TWL, including all segments not located within the Public Rights -of -Way, shall be completely dismantled, removed, stored and screened from public view at a remote location. 3.2.2. Fracturing Terms. The TWL may be removed and installed up to five (5) times per year during each year of the Agreement Term for fracturing operations. The duration of the TWL placement for fracturing operations shall be limited to twenty -one (21) days per occurrence, unless an extension of time is approved by the Gas Inspector. During all other time periods, the TWL, including all segments not located within the Public Rights -of -Way, shall be completely dismantled, removed, stored and screened from public view at a remote location. 4.1. License Fee. Licensee shall pay City a license fee per pipeline (the "License Fee ") in the amount of One Thousand Dollars ($1,000.00) or Thirty Cents ($0.30) per linear foot crossing, whichever amount is greater, for each occasion that the TWL are installed, subject to the limitations set forth in section 3.2, above. 4.2. Other Payments and Interest. The payment of the License Fee does not excuse Licensee from any property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City. 5. REGULATORY AUTHORITY OF THE CITY. Licensee's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the (protection or benefit of the general public. In this connection, Licensee shall be subject to, governed by and shall comply with all applicable and valid federal, state and local laws, including all applicable and valid ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. [ 4191 2 01:11 [at N M:I &'MG] MIMA '&I 6.1. Compliance with Laws. Ordinances. Rules and Regulations. The City has the right to control and regulate the use of the Public Rights -of- Ways and other City -owned property. Licensee shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, applicable City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. 6.2. No Undue Burden. The TWL shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Public Rights -of -Ways by the City and the public. If the City determines that the TWL does place an undue burden on any portion of the Public Rights -of -Ways, Licensee, at Licensee's sole cost and expense and within the time period specified by the City, shall modify the TWL or take other actions determined by the City to be in the public interest to remove or alleviate such burden. 6.3. Minimal Interference. 6.3.1. Notice. Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs, or other work that requires the excavation, lane closure, or other physical use of the Public Rights -of -Ways, Licensee shall, except for work required to address an emergency, provide at least 48 hours' advance written notice to the owners of property adjacent to the Public Rights -of- Ways that will be affected. In the case of emergencies Licensee shall provide notice to the affected landowners within 24 hours after commencement of work. 6.3.2. Worksite Regulations. during any such work, Licensee shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Licensee shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Licensee shall plan and execute construction of the TWL so that no flood conditions are created or worsened on the surrounding land. 6.3.3. Properties within FEMA Identified Flood Hazard Areas. Licensee understands that there are properties within FEMA identified flood hazard areas that could be adversely affected by the TWL during rain events. Licensee assumes all responsibility and liability for damage that has been determined by the City, in its sole discretion, to have been caused to these properties during rain events as a result of the placement of the TWL within the Public Rights -of -Ways, including, but not limited to, those properties described as Lot 5R1A, Lot 1R and Lot 2R of Block 1 of the NRH Industrial Park Addition, Tarrant County, Texas. 6.4. Restoration of Public Rights -of -Ways and Propertv,. Licensee, at Licensee's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Public Rights -of -Ways, City - owned property or other privately -owned property that is in any way disturbed or damaged by the installation, operation, maintenance or removal of any of the TWL to as good or better a condition as such property was in immediately prior to the disturbance or damage. Licensee shall diligently commence such restoration within 30 calendar days following the date that Licensee first became aware of the disturbance or damage or, if the TWL is being removed, within 30 calendar days following such removal. Any private service /utility lines that are in any way disturbed or damaged by the Licensee's installation, operation, maintenance or removal of any of the TWL, shall be repaired at the Licensee's sole cost and expense within 24 hours. 6.5. Emerqencies, 6.5.1. Work by the City. For purposes of this Section 6.5.1, a public emergency shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man -made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the TWL, and Licensee hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 7.1, that may occur to the TWL or that Licensee may otherwise incur as a result of such response, and (ii) agrees that Licensee, at Licensee's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its TWL that is affected by such action of the City. In addition, if the City takes any action that it believes will affect the TWL, the City will notify Licensee as soon as practicable so that Licensee may advise and work with the City with respect to such action. 6.5.2. Work by or on Behalf of Licensee. In the event of an emergency that directly involves any portion of the TWL and necessitates immediate emergency response work on or repairs, Licensee may initiate the emergency response work or repairs or take any action required under the circumstances ,provided that Licensee notifies the City as promptly as possible. After the emergency is addressed and resolved, Licensee shall coordinate the reinstallation of the TWL with the Gas Inspector. 6.6. Removal of TWL. 6.6.1. Licensee Obligated to Remove. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Licensee's right to use the Public Rights -of -Way under this Agreement shall cease and Licensee shall immediately discontinue the transportation of water in or through the TWL and remove the TWL from the Public Rights -of -Way. 6.6.2. Licensee Required Removal in Emeraencu. City reserves the right to require the removal of the TWL upon four (4) hours prior notice. This election will be limited to those circumstances where, in the City's sole determination, foreseeable damage to property may result. Removal of the TWL pursuant to this section shall be at Licensee's sole cost. Removal of a TWL pursuant to this Section shall not constitute one of the five (5) times annually for fracturing, or ten (10) times over the Agreement Term for drilling that Licensee may install the TWL within the Public Rights -of -Way and shall suspend the twenty -one (21) and thirty (30) day timeframes established under Section 3.2 above. 6.6.3. City's Riqht to Remove. If Licensee has not removed all of the TWL from the Public Rights -of -Ways ten (10) days following revocation, termination or expiration of this Agreement, the City may deem any portion of the TWL remaining in the Public Rights- of-Ways abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Licensee to remove such property. 6.6.4. Restoration of Property,. Within thirty (30) days following revocation, termination or expiration of this Agreement and in accordance with Section 6.4 of this Agreement, Licensee shall also restore any property, public or private, that is disturbed or damaged by removal of the TWL. If Licensee has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Licensee shall immediately reimburse the City for any and all reasonable costs incurred in performing or having performed such restoration work. 6.7. Proiect Specific Criteria. 6.7.1. Non - interference with Trail. For TWL used in drilling operations Licensee shall install a Temporary Water Bridge crossing with at least two feet (2') of clearance on each side of the Trail and a minimum of two (2) plastic safety barricades shall be placed on each side of the trail as indicated in Exhibit "C" hereto. TWL used for fracturing operations shall not be installed within four feet (4') of the Trail. In addition, the TWL shall not be installed in any manner that, in the sole determination of the City, would impede or restrict the use of the Trail by the City or the general public. 6.7.2. Damage to Trail. Any damage to the trail associated with the TWL or its installation, removal or maintenance will be promptly repaired to the original specification of the Trail and to the satisfaction of the 'NRH Parks Department. 6.7.3. Railroad R -O -W Maintenance Costs. The City is responsible for the cost of maintaining the railroad R -O -W owned by Dallas Area Rapid Transit Authority and indicated in Exhibit "B" which is proposed to be burdened by a segment of the TWL route. In the event the cost of third party maintenance of this area increases as a result of the location of the TWL, Licensee agrees to reimburse the City the City for the actual cost increase incurred within thirty (30) days of written notice thereof. This payment is in addition to, and not a component of or in lieu of, the License Fee reflected in Section 4, above. 6.7.4. Aesthetics. Due to the location of the TWL, measures must be taken to maintain the TWL in a straight uniform position along the route in order to keep the lines' presence as neat and cosmetic as possible. 6.7.5. Video Recording of Route across Public Right -of -Way. Licensee shall make a videotape or digital video recording of the TWL route across those portions of the Public Right -of -Way known as the Trail prior to each occasion that the TWL are installed. Licensee shall provide a copy of the videotape or digital video recording to the City. Licensee shall notify the City when the TWL are both installed and removed so that the City can determine if repairs are required. Upon inspection, City shall notify Licensee of what repairs, and their associated costs, if any, are required or shall notify Licensee that repairs are not required. Should repairs be required, Licensee shall be responsible for the full costs of such repairs. This cost is in addition to, and not a component of or in lieu of, the License Fee reflected in section 4, above. 7. LIABILITY AND INDEMNIFICATION. 7.1. Liabilitv of Licensee. Licensee shall be liable and responsible for any and all of City's damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages "), which may arise out of: (i) the construction, installation, operation, maintenance or condition of the TWL, (ii) the transportation of water through the TWL; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Licensee, its contractors or subcontractors with respect to the TWL; or (iv) Licensee's failure to comply with any valid and applicable federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the gross negligence or intentional misconduct of the City. 7.2. Indemnification. LICENSED, AT LICENSEE'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS EMPLOYEES, AGENTS AND REPRESENTATIVES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE CAUSED BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF LICENSEE OR ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, AFFILIATE OR SUBCONTRACTOR OF LICENSEE, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS OR REPRESENTATIVES, WHILE INSTALLING, REPAIRING, MAINTAINING OR REMOVING WATER LINE FACILITIES ON THE PROPERTY. THE INDEMNITY PROVIDED UNDER THIS SECTION SHALL APPLY AND EXTEND TO ANY LIABILITY RESULTING FROM THE SOLE OR JOINT NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS IN AUTHORIZING ANDIOR INSPECTING LICENSEE'S WATER LINE FACILITIES ON THE PROPERTY AND /OR MONITORING THE PROPERTY TO ENSURE LICENSEE'S CONTINUED COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. THIS INDEMNIFICATION IS SOLELY FOR THE BENEFIT OF THE CITY AND THE LICENSEE AND DOES NOT CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY! LICENSEE SHALL PROMPTLY ADVISE THE CITY IN WRITING OF ANY KNOWN CLAIM OR DEMAND AGAINST THE CITY RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES ON THE PROPERTY OR IN THE PUBLIC RIGHT-OF-WAY. ADDITIONALLY, UPON RECEIVING ANY NOTICE REGARDING ANY ENVIRONMENTAL, POLLUTION OR CONTAMINATION PROBLEM OR VIOLATION OF ANY LAW, RULE OR REGULATION, LICENSEE WILL FORWARD A COPY TO CITY BY CERTIFIED MAIL WITHIN THIRTY {30} DAYS. THIS PROVISION AND ITS INDEMNITIES SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, AND SHALL ENURE TO THE SUCCESSORS, HEIRS AND ASSIGNS OF CITY AND LICENSEE. 7.3. AssumMion of Risk. Licensee hereby undertakes and assumes, for and on behalf of Licensee, its officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous conditions, if any, on or about any City -owned or City - controlled property, including, but not limited to, the Public Rights -of -Way. 7.4. Defense of Indemnitees. If an action is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Licensee prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Licensee, at Licensee's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Licensee and specifically approved by the City, at City's own expense. In such an event, Licensee shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. 8. INSURANCE. Licensee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Public Rights -of -Ways and the construction, installation, operation, maintenance or condition of the TWL, including the transportation of water through the TWL, as follows: 8.1. Primary Liabilitv Insurance Coverage. 8.1.1. Commercial General Liabilitv: $5,000,000 per occurrence, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse and underground property damage. 8.1.2. Propertv Damaae Liabilitv: $1,000,000 per occurrence 8.1.3. Automobile Liabilitv: $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non -owned motor vehicles used in conjunction with the rights granted under this Agreement 8.1.4. Worker's Compensation: As required by law; and, 8.1.5. EmDlover's Liabilitv: $1,000,000 per accident 8.2. Requirements and Revisions to Required Coverage. The City may, not more than once every year during the term of this Agreement, revise insurance coverage requirements and limits required by this Agreement. Licensee agrees that within ninety days of receipt of written notice from the City, Licensee will implement all such revisions reasonably requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non - renewal or amendment, shall be made without thirty (30) days' prior written notice to the City. The policies and Certificate of Insurance provided to the City shall contain the following language: CANCELLATION CLAUSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREFORE, THE ISSUING INSURER WILL PROVIDE 30 DAYS WRITTEN NOTICE TO THE NAMED CERTIFICATE HOLDER. 8.3. Underwriters and Certificates. Licensee shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following approval of this Agreement by the City Council, Licensee shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. No construction shall commence until such certificates are received. In addition, Licensee shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles. Deductible or self- insured retention limits on any line of coverage required herein shall not exceed $50,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 8.5. No Limitation of Liability. The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Licensee's liability to the City or other persons as provided by this Agreement or law. 9. DEFAULT. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: 9.1. Breach. An Event of Default shall occur if Licensee materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or materially fails to perform any obligation required by this Agreement. 9.2. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Licensee (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Licensee, any of Licensee's property or any revenues, issues, earnings or profits thereof; (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Licensee's debts generally as they become due. 9.3. Violations of the Law. An Event of Default shall occur if the TWL or Licensee's operation of the TWL violates any valid and applicable existing or future federal, state or local laws or any applicable existing or future ordinances, rules and regulations of the City. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Otmortunity to Cure. If an Event of Default occurs, then City shall provide Licensee with written notice of such Default and shall give Licensee the opportunity to cure such Event of Default. For an Event of Default, Licensee shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. In the event the Default can not be cured within said thirty (30) days, so long as Licensee is acting in good faith, with due diligence to cure said Event of Default shall not be deemed an "Uncured Default." If any Event of Default is not cured within the time period specified herein and Licensee is not continuing to cure said Default in good faith with due diligence, such "Event of Default" shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Licensee shall forfeit all rights granted to it under this Agreement and, except as to Licensee's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Licensee shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Licensee shall remove the TWL from and restore the Public Rights -of -Ways as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement. 10.2.2. Legal Action Auainst Licensee.. Upon the occurrence of an "Uncured Default ", the City may commence against Licensee an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION. 11.1. Lawsuits. Licensee shall provide the City with copies of all pleadings in all lawsuits to which Licensee is a party and that pertain to the granting of this Agreement and/or the transportation of Water through the Public Rights -of -Way within thirty (30) days of Licensee's receipt of same. 12. LICENSEE AS INDEPENDENT CONTRACTOR. Licensee shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Licensee shall have the exclusive right to control the details of its business and other operations necessary or appurtenant to the transportation of water in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Licensee, its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Licensee. 13. ASSIGNMENT. Licensee may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld; provided, however, that Licensee may make such an assignment of its rights to an affiliated Licensee without the consent of City, provided, that upon such assignment, Licensee shall notify City within sixty (60) days of said assignment. An "affiliated Licensee" shall mean any parent, subsidiary or sister Licensee or other legal entity that controls, is controlled by, or is under common control with Licensee. For purposes of this clause, "control" means direct or indirect ownership of fifty percent (50 %) or more of the voting rights of the subject entity. Notwithstanding such an assignment to an affiliated Licensee, Licensee shall remain liable to City for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be applicable to Licensee and such affiliated assignee Every transferee shall succeed to all rights and be subject to all obligations, liabilities, and penalties owed to the City by the Licensee or any prior transferee of this Agreement, including any liabilities to the City for unpaid sums. No such transfer shall release the Licensee (or any subsequent transferor) from any obligation hereunder. 14. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand - delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: To the CITY: To the LICENSEE: City of North Richland Hills Chesapeake Operating, Inc. Attn: Mark Hindman, City Manager Attn: Dave Leopold, Operations 7301 N.E. Loop 820 Manager, Barnett District North Richland Hills, Texas 76180 1001 Energy Way Fort Worth, TX 76102 With a Copy to: City of North Richland Hills Attn: Director of Public Works 7301 N.E. (Loop 820 North Richland Hills, Texas 76180 With a Copy to: Chesapeake Operating, Inc. c/o CT Corporation 350 North St. Paul Street, Suite 2900 Dallas, Texas 75201 15. NON - DISCRIMINATION COVENANT. Licensee shall not discriminate against any individual person on the basis of race, color, national origin, religion, handicap, gender, sexual orientation, or familial status in the receipt of benefits from Licensee's business operations, in any opportunities for employment with Licensee, or in the construction or installation of the TW L. 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Licensee's transportation of water or Licensee's use of the Public Rights -of -Ways, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. iE: 3111111111111111d, 16- 1 +1441wi1►1=10111zz ;J :T61 -3 18.1. 5everability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Licensee agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 18.2. Headings Not Controlling. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 18.3. Entirety of Agreement. This Agreement, including the exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Licensee as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. EXECUTED as of the later date below: '011 V Mark Hindman, City Manager CHESAPEAKE OPERATING, INC. Julie H. Wilson, Vice President, Urban Development Date F-11 9;J ZT61TA 4 B1_F-a 1101101 N i J F Date: George Staples, City Attorney EXHIBIT "All IRON HORSE BOULEVARD & RUFE SNOW DRIVE "w V m X - - = m - J -0 im<oz-,c 1 SFr 3'. A W . 0 - A c G i � � t ,x > p I RLffe StIOW Z< 0 m m o m 00 0 � F . , � N \rlron Horse Blvd I rn z C ] G) EXHIBIT "B" TL ROUTE yy j }Mb' I l a ij w 'W- - E CY o 'c 5 0 2 ' � O a X 8 0 m m am cc c �s3 LL i C Qi {1 cn 'X c 21 'b �y � ,. � "1' 4. ! !r r r St ? fl7 S C LIF L a� � �� � CL 11"`•+MM JL � Y m "'° EXHIBIT " 'B " TWL ROUTE Aw 6 u l it ta ti { f'rl 1 f i t , Ike r � 4YM+M 4 IVA az k� UL R, 1 A EXHIBIT t9cll TEMPORARY WATER BRIDGE PROPOSED PAD SITE INSTALL TEMPORARY WATER BRIDGE GROSSING WITH AT LEAST 2 O CLEARANCE WITH TRAIL ON EACH SIDE AND A MINIMUM OF 2'ROAD- RUNNER " PORTABLE PLASTIC TRAFFIC SAFETY BARRICADES OR EQUAL PER SIDE OF CROSSING PER SIDE OF TRAIL (MINIMUM OF 8 BARRIERS TOTAL) AT A 45-DEGREE ANGLE WITH THE TRAIL. , -CONNECTWATER LINE TO EXISTING FIRE HYDRANT PLAN VIEW SCALE. V = 200' fr r- nAN r PREMIER pkAsTlc& IYB. PMTAMX fkAWC SAOM flmb iw �CAM -ft4.w— EXHIBIT WATER BRIDGE CROSSING RICK PAD PROJECT DATE: St 2412 AVO: 26724 1 DR282 it HALFF MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. B.3 PW 2012 -021 Approve the Release of a Water Line Easement Located within Lot 9R of Block 29 of the Richland Terrace Addition - Ordinance No. 3210 Presenter: Gregory Van Nieuwenhuize, Public Works Assistant Director Summarv: The City Council is being asked to approve an Ordinance which releases an easement that was acquired on behalf of Bluebonnet Contractors but has recently been determined as not being needed. General Description: With the relocation of the City's utilities as part of the North Tarrant Express Project, TxDOT is requiring that all water meters be relocated outside of the Loop 820 and SH 121ISH 183 Right -of -Way. As a consequence of this requirement, the contractor (Bluebonnet Contractors, "BBC ", on behalf of North Tarrant Express Mobility Partners) has been obtaining easements from adjoining property owners to set the relocated water meters. In February, BBC obtained a Permanent Water Easement from Mr. and Mrs. Lemmon, the property owners of Lot 9R of Block 29 of the Richland Terrace Addition (southeast corner of the intersection of Loop 820 Eastbound Frontage Road and Karen Drive) for the relocation of the water meter that serves the Lemmons' property. This easement was 5 feet X 5 feet (25 square feet total in area) and its exact location is shown on Attachment "A ". BBC has recently notified the City that their sub - contractor did not re- install the water meter within the easement (shown on Attachment "A ") dedicated by the Lemmons. The water meter was actually installed just to the northeast of this dedicated easement. The Lemmons have been contacted about this situation and the now current location of the water meter is acceptable to them. In fact, in June the Lemmons granted another Permanent Water Easement for this relocated water meter. This easement is 53 square feet in area and its exact location is shown on Attachment "B ". Because the appropriate easement now exists for the relocated water meter on Lot 9R of Block 29 of the Richland Terrace Addition, it would be appropriate for the City to release the previous unused easement. The `'Release Of Water Line Easement" instrument (included as Attachment "C ") accomplishes the release of the unnecessary easement and this document is acceptable to the City Attorney. Recommendation: Approve Ordinance No. 3210 Attachment "A" (Initial Dedicated Easement Location) oQ N na L O L Y + � LU . s p � �3 LL r 2pS u i HEM L3 �� y W O v F- r a ` r S t o TN Ij1 B3 " L4 � �zW W r. d HS+IE7N i Q,3 � a F �ci �a a. ci tr �OO£70 W; 6L6L6J m 3w�3w3 uj ¢ yd'r� N c fv Ld O1 O 01 O'.� W � W N M7 -t u7 Lp r Z J J J J J n L O L Y + � LU . s p � �3 LL r 2pS u i HEM L3 �� O z cSz W w F- r a ` r S fig Ls4 7—P J a " p "�43 h �srr u,u u z C� W 7 M m o o m Il'W O� 2 p I I II L{48 E pig F .. 00 9°4° ti 4� F � " 804 X �e a Ld (n fA /? J a cn F f d v / P f / f / f � alri r" / 1 / ON P 7 Q,3 � a F �ci �a a. ci tr �OO£70 W; 6L6L6J m 3w�3w3 uj ¢ yd'r� N c fv Ld O1 O 01 O'.� W � W N M7 -t u7 Lp r Z J J J J J n L O L Y + � LU . s p � �3 LL r 2pS u i HEM L3 �� O z cSz W w Z C3 {� U a ` r S fig Ow t� L O L Y + � LU . LL r Q] e( LL _ LL u i S z cSz W w Z C3 {� U N Ow t� 3 Q " p m 0 u z C� W 7 M L O L Y + � LU . F- r Q] e( LL _ LL S z cSz W w Z C3 {� U N Ow t� w Z W " p 0 �8 a�3� �.... I m o o m Il'W O� 2 p I I II L{48 E pig F .. 00 9°4° Attachment "B" (New Easement Location) E E z .:5 ui Rs. z z 1 lz P 4, <0 A.) Lq Lu M4 LL CL . g U7 a x. z C5 - q : x LU E E z .:5 ui Rs. z z 1 lz 9 61 \ ce C) 44 6 M = I IJ7 En 0 _ o < A F L) F a z imx T Zia ab LL C F7110 "n b 0, 10 W M r� ui o �2 i M ypid� < LD F) V) 5 0 Coco 1 0� 1 Z WMMNM O J . 2 rl � 7 z LO 'i O MNI 9 4 R 53- - L �M 0 22 d 00 rum SQ one W Cj Z, M W �Z- LL F W LL. < 0 W W 0 < < L W 3: LL > X LU W IX W Z CY 0 LL 0 0 @01 wo) 6 M L6 C4 P 4, <0 A.) Lu M4 LL CL . g U7 a C5 - q : x LU 9 61 \ ce C) 44 6 M = I IJ7 En 0 _ o < A F L) F a z imx T Zia ab LL C F7110 "n b 0, 10 W M r� ui o �2 i M ypid� < LD F) V) 5 0 Coco 1 0� 1 Z WMMNM O J . 2 rl � 7 z LO 'i O MNI 9 4 R 53- - L �M 0 22 d 00 rum SQ one W Cj Z, M W �Z- LL F W LL. < 0 W W 0 < < L W 3: LL > X LU W IX W Z CY 0 LL 0 0 @01 wo) 6 M L6 C4 Attachment "C" RELEASE OF WATER LINE EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, a certain instrument has been executed which grants and dedicates an easement in, along, over, upon and across certain property more particularly described in said instrument: 1. Permanent Water Easement ( "PWE "), twenty -five square foot area, being part of Lot 9R, Block 29 of Richland Terrace Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Document 212120400 of the Deed Records of Tarrant County, Texas. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That, The City of North Richland Hills, Texas, a municipal corporation, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, has forever remised, released and relinquished and by these presents do Forever Remise, Release and Relinquish the property from that certain easement interest created and established in the above - mentioned instrument. IN WITNESS WHEREOF, this instrument is executed on this the day of ) 2012. THE CITY OF NORTH RICHLAND HILLS TEXAS, A MUNICIPAL CORPORATION By: Mark Hindman, City Manager Acknowledgment STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day, personally appeared Mark Hindman, Citv Manaaer of the Citv of North Richland Hills, a Texas municipality, and acknowledged to me that he executed the same for the purposes and consideration, therein expressed, and in the capacity therein stated as the act and deed of the City of North Richland Hills, Texas. SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of , 2012. Notary Public in and for The State of Texas H ORDINANCE NO. 3210 AN ORDINANCE RELEASING A PERMANENT WATER EASEMENT LOCATED IN THE CITY OF NORTH RICHLAND HILLS, TEXAS AND AUTHORIZING ITS CONVEYANCE TO THE OWNER OF THE UNDERLYING FEE WHEREAS, a Permanent Water Easement located in the Richland Terrace Addition, Block 29, Lot 9R and recorded in Document 212120400 of the Deed Records of Tarrant County, Texas is not necessary and it is proposed that this Permanent Water Easement be released and conveyed to the owner of the underlying fee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLA!ND HILLS, TEXAS: SECTION 1. THAT the Permanent Water Easement as depicted on Exhibit A, is hereby released. 0 RVIOX83017i11' 14 5) PASSED AND APPROVED this the 23rd day of July, 2012. If] IWK6 3M►C0]:4d:10[a]:1wi1►151:1111&1 Oscar Trevino, Mayor Patricia Hutson, City Secretary 1,1 »:1+1►1=I l7_[:a 11+l010 iii I_1'► I Il I xc7i141 va George A. Staples, City Attorney 1,1 »:tf1 ►1 =1 I1_�'m t X0163210=1216 Mike Curtis, P.E., Managing Director M. 1181W.11 L � ca �N 9_ 2d p W46 +J � e6�6e}�} SR C L ZLU w 'rx W mug ` P� CM m�Y 0 0 0, x W 8 . Co" a� 0 ill ra 1i1 �r IfL�� U � q Y C7 9 �"r'oaoc>� ��raoaca °�uior.0toa aE�;�rsrrn„y� lr# ¢ F 5 : 3 V) (n z y Y) z J J J J 2 M° 'E 'a _ Sm' c�c � i tN Oa ' F Vl C7 O � E Z V r- yC -j 02 � aa �vb#. 4 1 l r� 39 a r ! r r ! ! I` r ! ! OF r r r / co °o r r r � Q ! r w ! W a� 0 ill ra 1i1 �r IfL�� U � q Y C7 9 �"r'oaoc>� ��raoaca °�uior.0toa aE�;�rsrrn„y� lr# ¢ F 5 : 3 V) (n z y Y) z J J J J 2 'E 'a _ Sm' E. i tN Oa ' r R E E Z V N. R 4 y � Y y � 4 . L � W W Z 0 w� w Q o �� r Qw,W- LL X��� ° z LL 'z¢3 zp v 4� Ln CN a z 0 U aig q ° 6T:t7u T 3Vd ,�`� r up® a r� 12 a `�LLLLu �zra ° m��o `J`ai`..: 00 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. BA GN 2012-163 Consider acceptance of the 2011 Urban Area Security Initiative (UASI) Grant in the amount of $27,812.00 for Urban Search and Rescue Training Presenter: Kirk Marcum, Fire Chief Summarv: The City of North Richland Hills has been awarded $27,812.00 from the Governor's Division of Emergency Management, Urban Area Security Initiative (UASI) Grant to fund training, travel and overtime costs for backfill personnel in order to allow members of the North Richland Hills Fire Department to attend Urban Search and Rescue Training Courses. General Descrir)tion: This Grant will allow members of the Fire Department to attend training at the Texas Engineering Extension Service Training Facility in College Station. These highly specialized Urban Search and Rescue courses require personnel to attend the courses in College Station. This attendance requirement means that personnel must be off their regular shift creating a vacancy in that shift. This Grant provides for overtime and benefits to be paid to personnel filling those shifts as well as tuition and all travel related costs for personnel selected for this training. It is anticipated that five personnel will be able to be trained as a result of this grant. This training will greatly enhance the ability of the personnel to respond and deal with threats and emergencies. Acceptance of this Grant does not require matching funds. The City will be reimbursed 100 %. Recommendation: To accept the Texas Governor's Division of Emergency Management Urban Area Security Initiative (UASI) Grant in the amount of $27,812.00. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. C.0 PUBLIC HEARINGS No items for this category. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. E.0 PUBLIC WORKS No items for this category. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. F.0 GENERAL ITEMS MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. F.1 PU 2012 -018 Approve Lease Purchase Agreement for Club Car Golf Carts at the Iron Horse Golf Course Presenter: Thomas Powell, Fleet Services Director Summarv: The current EZ -GO golf cart lease at the Iron Horse golf course expires August 31, 2012. A new 48 month lease purchase for Club Car golf carts is being proposed. General Description: As part of the normal operation and budget process. the Iron Horse golf course leases 84 golf carts on either a 36 month or 48 month lease depending on the best option during the leasing process. For the past three months, staff has also been evaluating golf carts and GPS golf course mapping displays to be installed in the new carts. Most area golf courses now have the course GPS mapping displays in their carts. Club Car. LLC is the only leading golf cart manufacturer that has worked with a GPS mapping company to integrate a GPS mapping system with the control and management of the golf cart. GPS Industries' VISAGE system, which can be integrated with the Club Car Precedent golf cart, allows golf course staff to control the speed of the golf carts, restrict where the carts can go, and track the location of every golf cart anywhere on the golf course property. The Visage GPS mapping system requires a separate lease agreement and is an option to the golf cart lease. Staff has worked with Club Car on a 48 month lease purchase agreement for 84 golf carts. The most costly maintenance expense with a golf cart is replacing the batteries somewhere between 24 and 30 months of use. Utilizing the golf carts for 48 months with a complete battery change -out was the least costly leasing option. The cost for the battery change -out is included in the lease. This lease purchase contains a balloon payment at the end of the lease, which reduces the total cost by $84,672 compared to a standard 48 month lease. Since the golf course is not interested in purchasing the golf carts at the end of the lease, Club Car has arranged for Metro Golf Cars to pay the $92,400 balloon payment, and to take ownership of the golf carts at the end of the lease. Metro Golf Cars has provided a letter of intent stating they will make the balloon payment and take ownership of the golf carts. The City of North Richland Hills is a member of several inter -local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Club Car has submitted a lease purchase proposal from the Texas BuyBoard contract #373 -11. Term Qtv. Cart/Month Lease /'Year Total Lease 48 Month 84 $81.15 $81,799.20 $327,19+6.80 Iron Horse Expense Final Balloon Payment $ 92.400.00 Metro Golf Cars $419,596.80 The monthly golf cart payment of $81 per cart is $9 less than the current lease with the EZ -GO Corporation, which expires August 31, 2012. The Club Car Precedent golf cart also has a more attractive styling, full wrap bumpers, and a heavier suspension system than the current carts. The Precedent golf carts are used at other area golf courses and staff recommends the Club Car golf carts and the 48 month lease purchase agreement. Recommendation: Approve the lease purchase agreement for Club Car golf carts. Club Car - ) City of North Richland Hills ® North Richland Hills, TX L.- M F 0 Kevin Newton 972 - 571 -2303 Kevin—newton@clubcar.com Club Car PROPOSAL Company Profile Club Car combines a quality- driven philosophy, an innovative spirit, and a solutions - oriented approach to business. Club Car has established itself as a leading global manufacturer of vehicles that serve the golf, rough terrain, private owner, and commercial markets. Founded in 1958 in Houston, Texas, Club Car, Inc. moved to Augusta in 1962. Ingersoll Rand (NYSE: IR, www.ingersoll rand. corn ), a diversified multinational manufacturer of industrial and commercial equipment and components, acquired the company in 1995. Club Car employs more than 1,400 people worldwide and has a presence in more than 120 countries. Club Car is the world's largest manufacturer of small -wheel electric vehicles. Our worldwide distribution network of distributors, dealers, and factory branch locations also complements Club Car's direct sales operations and supports customers' needs wherever they might arise. In addition to golf cars, Club Car also manufactures a full line of turf maintenance and utility vehicles as well as hospitality and mobile merchandising vehicles to support the needs of golf course owners and operators. Off the course, Club Car has a growing presence in the rough terrain market, where its XRT vehicles are making jobs around the farm and lake easier and more enjoyable. More and more Club Car vehicles are showing up in communities where private owners are choosing the convenience and efficiency of a well- equipped golf car for short trips over the family automobile. One of the fastest growing segments of the Club Car business is its custom vehicles group, which combines imagination with decades of experience to meet the specific needs of a wide range of customers. Club Car introduced the Solutions Network TIM in 2002 to enhance its expertise and products in areas beyond vehicle sales. As an alliance of leading providers of complementary products and services, the Solutions Network is designed to help customers increase revenues and control costs. Club Car is part of Ingersoll Rand Company Limited (NYSE: IR). Ingersoll Rand is a diversified industrial company providing products, services, and integrated solutions to industries ranging from transportation and manufacturing to food retailing, construction, and agriculture. With a 100- year -old heritage of technological innovation, Ingersoll Rand helps companies worldwide to be more productive, efficient, and innovative. For more information, please visit vAv,v. i n g e rsol I rand.com. (*Ingersoll Rand ClubCar PROPOSAL Pricing based on Texas Buyboard contract # 373 -11 7 June 2012 We are pleased to present the following quotation for your consideration. See the following specifications page(s) for a detailed list of standard vehicle features and benefits. 2013 PRECEDENT 12 ELECTRIC WITH EXCEL 84 Standard equipment includes Lease /Purchase Lease /Purchase 1 Charger. 48 -volt, 93 amp 2 Scuffguards, Molded -In, Set of 2 3 Sweater Basket 4 Body color — White, Beige, Green, Classic Blue 5 Seat color — White or Beige 6 Canopy Top — White or Beige 7 Tires: Premium Tread 4 -ply 8 Six (6) 8 -volt PowerDrive Batteries g Precedent Wheel Covers Optional Equipment includes: 10 Single Point Watering System Incl. Incl. 11 Ball and Club Cleaner— Drivers Side Incl. Incl. 12 Number Decals - 2 per car Incl. Incl. 13 Custom Logo Ind. Incl. 14 Sand Bottles (2 per cars) Incl. Ind. 15 Split Windshield Ind. Incl. 16 Freight and Installation Incl. Incl. Grand Total _ . M. (*Ingersoll Rand Club Car PROPOSAL PRECEDENT ELECTRIC WITH EXCEL LEASE/PURCHASE 48 84 $81.15 $81,799.20 $327,196.80 Pricing based an Texas Buyboard contract # 373 -11 Club Car's primary funding source, Ingersoll Rand Financial Services, proposes to lease to The City of North Richland Hills (84) new 2013 Precedent 12 electric golf cars equipped as stated on the quotation sheet. The lease rates are subject to IRFS's normal credit approval. Club Car, LLC's authorized dealer in Ft. Worth, Metro Golf Cars, agrees to pay the final balloon payment of $92,400 (84 X $1100.00) at the end of the contract term per the attached letter. All cars must be in fleet running condition and have a working charger. Prices quoted are based on a September, 2012 delivery. Applicable state or local taxes not included. Prices quoted are those in effect at the time of quotation and are guaranteed subject to acceptance within 30 days. All credit terms must be approved by CLUB CAR, Inc. prior to delivery. Customer to submit required credit information for credit approval. Terms F.D.B. LIP North Richland Hills, Texas City of North Richland Hills I:: Title: Date: Approx. Delivery Date Sept., 2012 Club Car, Inc. By: Title: Date: Shipped Via Club Car Truck *Ingersoll Rand PROPOSAL I a =_ 0 r 4 _ W � FEATURES & BENEFITS • Industry- leading (6) 8 -volt battery, 48 -volt power plant. • Innovative ExcelTM Drive System reduces maintenance and improves uptime with features like low -speed motor braking, hill descent assist, regenerative braking, and top speed control 1 speed range programming. • The industry's tightest clearance circle provides superior maneuverability Batteries Charger Horsepower Steering Front Suspension Brakes Park Brake Frame Chassis Body 1 Body Color Front 1 Rear Tires Kickplate Seating Capacity Overall LxWxH Wheelbase Ground Clearance Floor Height Tread Dry Weight (Less Batteries) Speed Range Vehicle Warranty • SportDriveTM steering and suspension provide an invigorating, sports car -like driving experience. • PowerShieldTM protective battery housing safeguards electrical power systems from chemicals, water, and ground debris. • Monsoon Top TM has built -in drain spouts to automatically channel water straight to the ground. • 360 degree bumper system protects the frame and overall vehicle. * Molded -in body color with no clear coat or paint to worry about. • IQDM diagnostic tool: keep your entire fleet operating at peak capacity and profitability. • Sleek, functional dash allows golfers to easily see items and is easy to clean. (6) 8 -volt batteries 48 -volt variable with on -board computer 3.3 hp Self- compensating double reduction helical rack and pinion Independent leaf spring with dual hydraulic shocks Self- adjusting rear mechanical drum Foot -operated, mufti-lock Ladder -style aluminum box beam FormonS 1 Molded in 1 B x 8.50- 8118 x 8.50 -8 Yes 2 915 in x 4725 in x 68.5 in (232 cm x 120 cm x 174 cm) 65.5 in (166.4 cm) 4.5 in (11.4 cm) 12 in (30.5 cm) 34.5 in 138.5 in (87.6 cm 1978 . cm) 495 lb (224.5 kg) 7 speed settings: 5 to 19 mph; 2 acceleration settings: Aggressive or traditional; 3 pedal - up braking settings: None, mild and aggressive; Speed adjustment in 0.1 mph increments 4 -year: batteries (20,000 energy units or 1,000 rounds), canopy, electronics, pedal group, seats, suspension. 3 -year body panels, electric ;power train. 2-year all remaining components. Limited lifetime: frame (W rigersoll Rand Club Car PROPOSAL Special Considerations Included with the lease /purchase of (84) 2818 Precedent electric golf cars: Two (2) Single Point Watering System Refill Fits One (1) Communication Display Module One (1) IQDM Twenty (20) Chargers with 20' DC Cords Four (4) Extra Hub Caps Eight (8) Tires Four (4) Tires on Rims Twenty (20) Sand Bottles Five Hundred Four (504) Batteries to be installed by Club Car at a time of The City of North Richland Hill's choosing. Service and Warranty Service and Warranty repairs will be handled through Club Car's branch in Ft. Worth. Customer: Club Car: Signature: Signature: Title: Title: Date: Date: `ingersor! Rand Club Car PROPOSAL CLUB CAR LIMITED WARRANTY FOR PRECEDENT VEHICLES WARRANTY CLUB CAR, LLC ("CLUB CAR ") hereby warrants to the Original Purchaser or Lessee, as those terms are defined herein, and subject to the provisions, limitations and exclusions in this limited warranty, that its new vehicle or new component purchased from CLUB CAR or an Authorized Dealer or Distributor shall be free from defects in material and ;,workmanship under normal use and service for the periods stated below, subject to the provisions, limitations and exclusions in this limited warranty. This limited warranty covers material, workmanship and repair labor cost as to those items specifically listed below for the periods specified. Such repair labor shall be performed only by CLUB CAR, its Authorized Dealers or Distributors, or a service agency approved by CLUB CAR. For repairs made by qualified technicians other than CLUB CAR's factory technicians or an Authorized Dealer or Distributor, CLUB CAR will provide only the replacement parts or components. IF THE WARRANTY REGISTRATION FORM IS NOT COMPLETED AND RETURNED TO CLUB CAR AT THE TIME OF THE ORIGINAL RETAIL SALE, PURCHASER MUST PROVIDE PROOF OF DATE OF PURCHASE WITH ANY WARRANTY CLAIM. VEHICLE MAIN FRAME SUSPENSION: Steering gearbox, steering column, shocks, and Deaf springs. MAJOR ELECTRONICS: Onboard computer (OBC), solid state speed controller, and battery charger. DEEP CYCLE BATTERY: Four years or 20,000 Energy Units as recorded by the OBC, whichever first occurs. PEDAL GROUP: Pedal group mechanical assembly, brake cluster assemblies, and brake cables. SEATS: Seat bottom, seat back, and armrests. CANOPY SYSTEM: Canopy, rear canopy supports, drainage system and structural accessory module (SAM). POWERTRAIN: Gasoline engine, electric motor, MCOR, gasoline and electric transaxle, starter generator, air intake, exhaust system, and torque converter (drive and driven). BODY GROUP: Beauty panels, and front and rear underbody. ALL REMAINING COMPONENTS: Solenoid, GCOR, limit switches, voltage regulator, F &R Bewitch, and options and accessories supplied by CLUB CAR, including components not specified otherwise. 12L 1 12 1 V4 LIMITED LIFETIME* 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 3 3 3 3 3 3 ►J *Ingersoll Rand Club Car PROPOSAL 4.0]]11-11•]0 Excluded from any CLUB CAR warranty is damage to a vehicle or component resulting from a cause other than a defect including poor maintenance, neglect, abuse, accident and collision, maintenance adjustments, unreasonable or unintended strain or use, improper installation of accessories, installation of parts or accessories that are not original equipment including Club Car approved or non - approved GPS systems, non - approved alteration and acts of God. Also excluded from any CLUB CAR warranty are all fuses, filters, decals (except safety decals), lubricants, routine wear items such as the charger plug and receptacle, engine mounts, mats, pads, spark plugs, light bulbs, brake shoes, belts, brushes, bushings, drive buttons, cosmetic deterioration, and items that deteriorate, fade or fail due to exposure or ordinary vsear and tear. The provisions of this limited warranty shall not apply to failure due to: 1) Abuse such as overcharging, undercharging, improper fluid levels, use of contaminated water in batteries (See "Water Quality" in owner's manual), loose wiring and fasteners, or rusted or corroded hardware. 2) Lack of proper maintenance such as preventive maintenance checks, proper rotation of vehicles in a fleet application, maintaining proper tire pressure and alignment and tightening loose wire connections as outlined in the owner's manual. 3) Damages caused by improper installation of the component. 4) Neglect, breakage, freezing, fire, explosion, wreckage, melted terminal posts, the addition of any chemical, or the operation of the battery in an uncharged condition (below half charge 1.200 specific gravity); the installation of the batteries in reverse or recharging in reverse, breakage of containers, covers, or terminal post, or batteries used in applications for which they were not designed. 5) A battery damaged by a defective charger or batteries in vehicles that do not receive proper charging. 6) Every vehicle must have an operational charger on its own circuit (Number of operational charger must equal the number of operational vehicles) 7) Vehicles charged by systems other than the CLUB CAR Charger. 8) Semiconductor parts such diodes and fuses that are vulnerable to electrical overloads (including lightning) beyond the control of CLUB CAR. 9) Charger DC cord set with plug, which is a wear item and subject to user abuse. Without limiting the generality of the foregoing in any way, and as part of its limited warranty exclusion, CLUB CAR does not warrant that its vehicle or components such as batteries, computer, controller or electrical device are suitable for use in any application other than in its products. As in the use of any vehicle, batteries, computer, controller or electrical device, a prudent owner will read and study the owner's manual, the operator instructions and the warning labels; and will exercise due care in working on or around vehicles, batteries or electrical devices. Transportation expenses for warranty services are also excluded from this warranty. VOIDING OF WARRANTY: THIS AND ANY OTHER WARRANTY SHALL BE VOID IF THE VEHICLE OR COMPONENT IS ABUSED OR USED IN AN UNINTENDED MANNER OR SHOWS INDICATIONS THAT IT HAS BEEN ALTERED IN ANY WAY, INCLUDING, BUT NOT LIMITED TO, MODIFICATION OF THE SPEED GOVERNOR, BRAKING SYSTEM, STEERING, TRANSAXLE, OR OTHER OPERATING SYSTEMS OF THE CAR TO CAUSE IT TO PERFORM OUTSIDE CLUB CAR SPECIFICATIONS. THE WARRANTY IS LIKEWISE VOID IF THE VEHICLE SHOWS INDICATIONS THAT REASONABLE OR NECESSARY MAINTENANCE AS OUTLINED IN THE OWNER'S MANUAL AND MAINTENANCE AND SERVICE MANUAL WAS NOT PERFORMED AT THE TIME AND IN THE MANNER SPECIFIED IN SUCH MANUALS. (*Ingersoll Rand Club Car PROPOSAL SOLE REMEDY CLUB CAR's liability under this limited warranty or in any action whether based upon warranty, contract, negligence, strict product liability or otherwise, shall be the repair or replacement, at CLUB CAR's option, of the vehicle or component thereof that club car deems to be defective. Replacement shall mean furnishing, during the applicable limited warranty period, a new vehicle or factory- reconditioned vehicle or component thereof that is identical or reasonably equivalent to the warranted product or component at no cost to the purchaser. Repair shall mean remedying a defect in the vehicle or component thereof at no cost to the purchaser during the applicable limited warranty period. CLUB CAR reserves the right to test and recharge any component returned for adjustment. If CLUB CAR elects to repair the vehicle or component, it may provide factory- reconditioned parts or components. All parts and components replaced under warranty shall become the property of CLUB CAR. DISCLAIMER: THIS LIMITED WARRANTY IS EXCLUSIVE. CLUB CAR MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY CLUB CAR AND EXCLUDED FROM THIS WARRANTY. THE PURCHASER AND CLUB CAR EXPRESSLY AGREE THAT THE SOLE REMEDY OF THE REPLACEMENT OR REPAIR OF THE DEFECTIVE VEHICLE OR COMPONENT THEREOF IS THE SOLE REMEDY OF THE PURCHASER. CLUB CAR MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, AND NO REPRESENTATIVE, EMPLOYEE, DISTRIBUTOR OR DEALER OF CLUB CAR HAS THE AUTHORITY TO MAKE OR IMPLY ANY REPRESENTATION, PROMISE OR AGREEMENT, WHICH IN ANY WAY VARIES THE TERMS OF THIS WARRANTY. In the event that another pre - printed warranty document, certificate or both offered by or through Club Car at the time of sale of this vehicle (each an "Additional Warranty document') is deemed to conflict with the limitations or exclusions contained herein, the limitations and exclusions contained herein shall continue to apply to both this limited vrarranty statement and, to the maximum extent permitted by law, to each Additional Warranty Document. NO CONSEQUENTIAL DAMAGES IN NO EVENT SHALL CLUB CAR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS RELATED TO PROPERTY OTHER THAN THE VEHICLE, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, OR ANY OTHER ECONOMIC LOSS. Some states allow neither limitation on the duration of an implied warranty nor exclusions or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. HOW TO MAKE A WARRANTY CLAIM To make a warranty claim under this limited warranty, you must present the vehicle or defective component with evidence of proof of purchase date and number of energy units (if applicable) to an authorized CLUB CAR dealer. For warranty - related communication, contact Warranty Services, Club Car, 4125 Washington Rd., Evans, GA 30809, USA, 706.863.3000. WARRANTY TRANSFER: The original owner shall have the right to transfer any remaining warranty coverage to one subsequent purchaser only. For the original owner to transfer any remaining , , , .erranty coverage to a subsequent purchaser, the vehicle must be transferred by an Authorized Club Car Distributor or Dealer Mth the Warranty Department at Club Car. Such transfer must take place within the first three years of the original in service date of the vehicle. "The Limited Lifetime section of the warranty coverage applies to the original purchaser or lessee only, and the subsequent purchaser has a four -year coverage period based on the original in service date. No transfers of any remaining warranty coverage shall be permitted by any subsequent purchasers. WARNING: Any modification or alteration of any vehicle beyond factory specifications, including those that affect the weight distribution, stability, or speed of the vehicle, can cause serious personal injury or death. *Ingersoll Rand Club Car PROPOSAL W Ingersoll Rand MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. F.2 PU 2012 -019 Approve Lease Agreement for VISAGE GPS System at the Iron Horse Golf Course Presenter: Thomas Powell, Fleet Services Director Summarv: The Iron Horse golf course currently does not have a GPS golf course map system with display units installed in the golf carts. A 48 month lease for the VISAGE GPS system is being proposed. This type of system adds value for the golfer, allows staff to better manage the golf carts, and has advertising and marketing capabilities. General Description: While conducting a survey of area golf courses, it was determined the Iron Horse Golf Course was one of the few courses that did not have a GPS map system with a display unit in the golf carts. A GIPS map system is designed to enhance the golfing experience for all players and this is especially true for someone playing the course for the first time. A GPS map system can help to increase revenue by speeding up the round of play allowing more golfers on the course. The VISAGE system by GPS Industries, LLC is a true interactive system. The system has two modes of operation; one for the player, and one for the golf course staff including the course marshals and beverage cart staff. Being the software is Internet based; the system can also be accessed by staff from any computer. In the Player Mode, the display is touchscreen interactive with the player showing the complete layout of the current hole including all hazards, creeks, bunkers, and the green configuration. The display continuously shows the distance to the hole from wherever the cart is located. By using the display touchscreen the player can get the yardage distance from where their ball currently is to wherever they would like to layup for their next shot. It also gives the yardage distance for their next shot at the same time. By having a GPS display installed in the golf carts, the player no longer has to walk around looking for the yardage marker on a sprinkler head, take time to get a personal handheld rangefinder out of their golf bag, or make multiple trips to and from the cart on cart path only days. A full screen monitor in the pro shop, the display units on the golf carts and beverage carts allows staff to monitor the location of every golf cart on the property. Prior to the implementation of the VISAGE system, GPS mapping of the entire golf course takes place. Cart paths, restricted areas, and an average time of play are established for each hole. From the time a cart leaves the pro shop the GPS system tracks the location and speed of play. The system automatically identifies carts needing to improve their rate of play. The system can be set up to automatically send notification to a slow cart requesting the player to improve their rate of play. Pro shop staff can send a wide range of messages including weather alerts to any or all carts as needed. Since the beverage cart staff and the marshals can see the location of every cart on the course, this eliminates unnecessary trips to areas of the course where there are no players. This can reduce staff time and fuel and maintenance costs for the beverage carts. To enhance the golf cart management capabilities of the VISAGE system, GPS Industries worked with Club Car to integrate the system with the Club Car Precedent golf cart. Integrating the VISAGE system with the golf cart allows staff to have full control of the golf cart. The system monitors the battery charge condition of each cart which can prevent an undercharged cart being sent out on the course. This eliminates staff time changing out carts on the course and helps prevent player dissatisfaction. The speed of the golf carts can be programmed for a slower speed as required in downhill or tight curve situations. This provides more safety to the player and reduces suspension damage to the carts. On cart path only days, areas near creeks or in restricted areas, the cart will stop proceeding forward as programmed. The cart will only move in reverse so the player can return to the cart path or out of the restricted area. This is a major safety feature which will reduce damage to the golf carts and course. The Visage system also has a very wide range of marketing or advertising capabilities. Marketing /advertising videos can be programmed to play as the carts proceed from hole to hole. Staff has already identified City attractions and events to promote such as NRH20, the NRH Centre and Grand Hall, and the Night of Holiday Magic. The golf course can advertise pro shop and lunch specials, upcoming events, or catering and banquet capabilities. Advertising space can also be sold to area businesses. The advertising capabilities of the system are almost unlimited. The City of North Richland Hills is a member of several inter -local groups and has utilized existing contracts with vendors through the Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Club Car has submitted a lease proposal based on the City of Tucson /National IPA contract #084070 -01. Term Qtv. Unit/Month 48 Month 86 $50 Applicable Fees /Costs Lease /'Year Total Lease $51,600 $206,400 $ 1.365 $ 5.460 $52,965 $211,860 The proposal is for a 48 month lease for 84 golf carts and two currently owned beverage carts. The cost of $50 per month per display unit includes the installation of all equipment, software, and software maintenance and updates for the entire lease period. The only additional costs would be for GPS mapping in the event the golf course layout changed or for intentional damage to the display units. The cost of the VISAGE GPS system has been included in the 2012 -13 Iron Horse budget. The monthly expenditure will be offset by an average $2 per round cost increase. The cost per round will still be less or comparable to area golf courses. Staff recommends the VISAGE GPS system and the 48 month lease which runs concurrently with the Club Car golf cart lease Recommendation: Approve the lease agreement for the VISAGE GPS system. PROPOSAL VISAGE ti t Finally, a golf car that help course managers find their way to better customer service and a richer bottom line. VisageTm helps your operation increase revenues reduce expenses, manage your key assets and deliver a unique golf experience your customers never imagined. Familiar touch- screen technology powers Visage, so there's zero learning curve for your customer. Golfers can easily find the information and services they want just by touching the screen. Visage is a full - featured mobile golf information system. It helps you protect your assets —your course, your golf car fleet, and your golfers. And if your fleet happens to comprise Club Car Precedent electric vehicles, Visage includes Club Car's built -in Guardian SVC system at no extra charge. Increase Rev -nuc While we can't guarantee that Visage will bring thousands of new golfers to your course (at least not at first), we can tell you that it will impact your top and bottom lines. With Visage, you'll have a clear picture of ,vhat's going on at your course any given moment and enables just -in -time responses for your crew. • Drive rounds even when the tee sheet is full, creating happy customers and more green fees. • Promote higher margin goods and services via messages on the in -car display. • Suggest advance tee -time bookings to golfers before they leave the course. Reduce Expense One way to grow your bottom line is to reduce your operating expenses. Visage can help you better manage costs associated with your golf car fleet and your golf operation. • Reduce your payroll. You don't need additional marshals to improve pace of play; you just need a product that delivers customizable, time - sensitive instructions. • Cut your mowing costs — literally. With Visage and Guardian SVC, you merely program your vehicles to avoid all sensitive areas, including the wet ones; you fl have cut costs —and greens —in no time. Ingersoll Rand Club Car PROPOSAL r Manage Assets Your course and your golf fleet are your biggest assets. VisageTM can help you manage both of them effortlessly. And because we offer a 12 -month opt -out, there's less financial risk and increased confidence to try out the product. 121 • Know where your cars are at all times. See the whole picture. Breakdown on 6? Backup on 13? You'll know where the trouble is, and you can send help or a carefully worded message wherever it needs to go. • h4ake your marshal more productive. A marshal's screen enables him or her to see the entire course — including every car and every hole, so trouble spots are addressed immediately. • Ever worry about golf car vandalism? With Visages Guardian SVC, you can place your fleet on 7ockdown` mode to render all cars completely immobile. uell'ver ExperlL Golf cars equipped with the Visage Mobile Golf Information System enable unmatched customer service. • Get to Know the Course like a Local - Full hole fly- avers, superior 3 -D graphics, yardage, and distances and course maps are at your customers fingertips. • Improve Pace of Play - Knowledge of the course means golfers play faster. • Order at the Turn - Visage allows you to offer a more extensive menu, and enables players to place orders 1 -2 holes ahead of making a turn. • When the round is complete, a golfer can email his score to his pals and himself. Its easy to protect your investment when its built right into GUARpIAN SVC the industry's best golf car, the Precedent Excel.. One of the most powerful features of Visage is its built -in Guardian SVC system - -Club Car's exclusive fleet management tool. When you install the system on a fleet of Club Car Precedent Excel electric vehicles, you get Guardian SVC, absolutely free! Only Club Car's Precedent Excel electric vehicles offer the Guardian's exclusive benefits , benefits that are wide- ranging and measurable. • Want to limit phantom rounds? Guardian lets you assign golf cars to specific players and keeps vehicles in staging mode until their assigned players check in. F SVC Mar • Need to set the speed of your golf cars in certain areas? Guardian allows you to manage the speed of your entire fleet - all or some. • Worried about vandalism? Apply "Lockdown" , ' , ' - '_ 1, mode to Golf cars at night to prevent ,break - ins 59 62� 34 69 77 33 `�61 44 63 25 J43 55 and damage. _. • Want to program golf cars out of the parking lot 45 64 37 60 70 66 "58 75 36 `'47 9 52 and other sensitive areas? No problem. Keep_ - d — your fleet on cart paths and out of roadways. 57 23 `' 4 `'14 - 48 53 65 39 31 Guardian is the only fleet management tool of its kind, and it's available only from Club Car. Guardian is a Cars in Use built -in feature in all Visage systems, but its value is 2 _ 3 s 6 , �j 7 L s 10 '- 11 12 15 14 17 unlocked only on the Precedent Excel electric - y vehicles. Why would you even consider another brand or model of golf car? 18 19 21 24 27 28 30 35' 40 41 Club PROPOSAL J E GUARDIAN SVC VI.RAAI Standard Features Menu • Full graphics for each hole and golf course; • Full yai vayt and distances; • Tee shot distances; • Scorecard feature; • Action zone control with messaging; • Real time positioning for the golfer and the operator; • Two -way messaging; • Look ahead feature; • Pin placement manager; • Marshal car features like pace of play tracking; and • On- course food and beverage order capability A La Carte Menu • Full 3 -a flyovers; and • Perfect Tournament Software Customizable GPS- controlled system • Eliminates phantom rounds and unauthorized use; • Protects customers and golf cars by managing vehicle speed (dependent on course location); • Prevent course /vehicle vandalism with lock -down; and • Prevent golf cars from accessing prohibited areas `ingersor! Rand PROPOSAL 27 June 2012 City of Tucson /National IPA Contract #084070 - 01 r We are pleased to present the following quotation for your consideration. See the attached specifications page(s) for a detailed list of VISAGE features and benefits. For (84) Golf Cars and (2) Beverage Units ..................... ............................... $50.001$4,300,00 Plan Entitlements • Unlimited phone support, a Hardware warranty coverage, • Remote diagnostics, a Repair of faulty GPS units covered (customer ships to GPSI, + Remote software/firmware reconfiguration (e.g. reload clubhouse GPSI ships to customer), computer software, reprogram radio network), 0 Software upgrades & updates, • Unlimited simple `How to' questions answered, • On -site support (customer pays T &E), and • One 2 -hour individualized, remote training session per year, 0 Access to online training materials. Out of Coverage Rates + Out of coverage work such as graphics changes, etc.: $60 per % hour (or apart thereof), • Out of warranty repair of GPS units (e-g- damaged, etc.): $150 + parts + shipping ■ Out of coverage on -site visit: $400 per Y. day + $40 per travel hour + T &E_ VISAGE PROPOSAL CONDITIONS 1. This is a pprrooppoasal for renting a Mobile Golf Information System comprised of the equipment listed above enabled with the selected feature set. The Rental Agreement will be through GPSI's affiliated financing company GPSI Leasing, LLC. 2. The term of this ream ant inducting any extensions hereto, the - Term') shall oe on the Effective Date and run for 48 months from completion of installation (defined as the Date of etion on itHt B ). Customer may cancel this Agreement at flifliel2nrmth upon not less than 90 days written noti ce prior to the conclusion of fire then current annual pe od. a Term of this Agreement shall be extended at the conclusion of the initial Term for add tional o - Terms year Tes unless terminated by either party upon not less than 90 days written notice prior to the conclusion of the then current Term 3. GPSI requires one Payment as a secu �y t 40 6e returned in advance with t e signed Rental reement, which will 6e applied at the end of the term Customers must enroll n the aulomahc payment plan to have aft s vent Payments made through electronic funds trans r for the Term GPSI will draft the first month's Payment through EFT upon nstallation sign -0ff. The second mmordh's rent nn be due no less than 30 days after s gn -0R. Customer shall pay all faxes tax pass along, assessments, and any sales use, �al property pr v lege or excise taxes incurred in connection nr th the System. Acceptance of the Rental Agreement is subject to financial qualification and creditworthiness of 4. Delivery and installation is included. To facilitate installation, Customer shall provide a continuous high -speed broadband Internet connection for the term reasonably requested modifications for equipment installation and course personnel to assist with installing displays on the fleet. AI pricing assumes completion of installation durirg a single s rte visit. Additional mapping and on -site services required due to future renovations, course expansion or environmental changes are not included. 5. Maintenance service is included for the term per the follow ng support plan descripfion. 6. GPSf retains all rights to advertising space on the System and may sell ads for placement on the System at Customer's golf facility. Customer retains right of approval for such ads and where approved wall receive 1 % of net revenues, if any. Net advertising revenue is defined as gross advertising revenue received by the GPSI less sales expenses and a _ s. o _ . charges incurred by the GPSI. 7. Pricing and terms valid for 30 days from the quote date. (* Ingersoll Rani! VISAGE COMPLETE SUPPORT PLAN NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. F.3 GN 2.012 -061 Authorize Early Retirement of JP Morgan Chase Capital Lease Purchase of Cardio Fitness Equipment Presenter: Larry Koonce, Finance Director Summarv: Staff is requesting authorization to fully retire the debt associated with the lease purchase contract for the acquisition of cardio fitness equipment for the NRH Centre. The total retirement of debt will be $351,659.24. General Descrivtion: The lease for cardio fitness equipment was entered into in January 2012 for the purchase of cardio fitness equipment for the new NRH Centre. This lease was a bank qualified tax exempt financing option with JP Morgan Chase. Bank qualified tax exempt financing cannot exceed $10,000,000 in a calendar year. The total amount of the lease purchase was $394,250.64. At the time of the lease purchase, the City levels of anticipated tax exempt debt issuances for calendar year 2012 were under $10,000,000. Since the signing of the lease, the voters of City of North Richland Hills approved the 2012 General Obligation Bonds. The City is now planning to issue over $10,000,000 in bonds in calendar year 2012. City staff requests authorization to pay off the balance of the lease purchase to keep the city in compliance with tax exempt financing laws and statues. The balance of payoff is $351,659.24. The NRH Centre operation anticipates having sufficient funding to cover this transaction. The City will realize interest savings totaling $6,956.83 because of the early retirement of the debt. Recommendation: To authorize the early termination and payment to retire JP Morgan Chase Capital Lease. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. F.4 GN 2012 -062 Approve the Abandonment of a Portion of Property Previously Dedicated to the City - Ordinance No. 3209 Presenter: John Pitstick, Planning and Development Director Summarv: The City is being asked to approve an Ordinance which abandons a portion of property that was previously dedicated as part of the Little Bear Creek Corridor that is no longer needed and is being platted into the Thornbridge West subdivision. General Description: John Barfield as part of BH & L Joint Venture has developed subdivisions and dedicated most of the property for the Little Bear Creek Corridor. In 2000 the City accepted a deed for 19.599 acres for the Little Bear Creek open space area following development of the Thornbridge South Addition. A small portion including 0.198 acres of this 19 acre dedication is not needed by the City and is being proposed to be used as a drainage easement as part of the new Thornbridge West Addition for runoff to Little Bear Creek. In order to allow for final filing of the Thornbridge West Addition this, dedication is needed. Mr. Barfield is also dedicating an additional 12.294 acres of land to complete the Little Bear Creek Corridor in this area. Recommendation: Approval of Ordinance No. 3209 M RH ORDINANCE NO. 3209 AN ORDINANCE ABANDONING AND AUTHORIZING THE CONVEYANCE OF A PORTION OF A PARCEL OF PROPERTY PREVIOUSLY DEDICATED TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS. WHEREAS, the City Council has been requested to abandon and convey an unneeded portion of a parcel of property previously dedicated to the City to the original dedicator; and; WHEREAS, the City Council has determined that the herein described property is no longer required and should be conveyed to BH & L Joint Venture, the original dedicator of such parcel; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT that the parcel of property described in Exhibit A hereto which was previously dedicated to the City is hereby abandoned. The City Manager is authorized to execute a deed of such property to the party who dedicated such easement. 1,1►11119 N17111►140 PASSED AND APPROVED on the 23rd day of July, 2012. ATTEST: Patricia Hutson, City Secretary r,1:21,:t91►►=1 II :1 1191 to] N k►, W :1► I •l I =10 I I rip George A. Staples, City Attorney 1_1 ;j,:Z+] ►1=I Iff- tip 119X0161►10 =1 r 16 CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor John Pitstick, Planning & Development director ni NUMBCR DIRECTION DISTANCE I L9 I N89'1 O' 1 1 "W 30.25 SCacle I " = 100' f \ LOT SR LOT 20 HOLDER SMITHFIELD ESTS, THORNBRIDGE CAB. A. SLIDE 71229 PH-L 'OF P.R,T,C.T. CAI3. A. SLIDE 373 RO lN PIPE P.R,T.C.T. — 9' - POINT OF — L — — — LOT 70 rao.. ,re• I.v._. 31AHJ.F:ti 15- FH1f ]KS .1 + 3946 T - - 110 .I I 2 LOT 11 I -I 15' WATER LINE ESMT TIMBER DRIVE A —g�TE 1, 17 � 04 -855H -3 Q � I u '3 V W- I HOLDER SMITHFIELD F.ST.S. h 4 l a a p VOL, 388 -34. PG- 57 Y.ii_T_C.T. " y , I cm) r o — 1 2: CITY OF' N-R-H- z I 5 VOLUME 14258, PAGE 515 D.R.T,C.T. ] 0.198 ACRE'S ] k' EN l4TC,UARJVSON S"*Z "Y ST 1F1 TRACT Na` 1266 LOT 12 l I � I I U -F: — m 1 euwr _L9 LCINA I$VARI AY 1S SANRARY SEINER 6 EMENT VOLUME 5110, PACE 657 vOL. 1388', PG, 40 . D- R- T -C -T- - - ° -I D -R T.0 -T- I BEING A TRACT OF IAND OUT OF THE STEPHEN RICHARDSON SURVEY. ABSTRACT NO. 1266, TARRANT COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14258, PAGE 515, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN FOUND IN THE EAST LINE OF LINE OF HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -34, PAGE 57, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE MOST NORTHERLY CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF LOT 1. BLOCK 1. THORNBRIDGE SOUTH. AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A. SLIDE 5371. PLAT RECORDS,. TARRANT COUNTY. TEXAS: THENCE SOUTH DD DEGREES 17 MINUTES 43 SECONDS EAST 558.97 FEET ALONG THE WEST LINE OF SAJD BLOCK 1, THORNURIDGE SOUTH TO A CAPPED IRON PIN FOU NT] FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED AND FOR THE SOUTHWEST CORNER OF LOT 5. SAID BLOCK 1, THURNEIRIDGE SOUTH. !'HENCE NURIH 89 DEGREES 10 MINUTES 11 SECONDS WE:SI 30.25 FEE[ TU A LAPPED IRON PIN SET IN THE CAST LINE or SAID I (OLDER SIAITHFIELO ESTATES FOR TI I[ SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 02 DEGREES 45 MINUTES 03 SECONDS EAST 569.12 FEET ALONG THE EAST LINE OF SAID HOLDER SMITHFELD ESTATES TO THE POINT OF BEGINNING AND CONTAINING 0.195 ACRES OF LAND, MORE OR LESS LEGEND: 7`,F R IRON ❑ RO lN PIPE � A O BOIS D'ARC STAKE CONCRETE MONUMENT — — 4^ — y —r— 1v� FENCE POWER UNE TELEPHONE LINE C ABLE 7ELEVIMN 31AHJ.F:ti 15- FH1f ]KS .1 + 3946 T CONCRETC PAVING ASPHALT PAWING 04 -855H LOYO BRANSOM SURVEYORS INC. CHARLES 0. HOOKS. JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVENUE FT, WORTH, TEXAS 76111 (817) 834 -- 3 DATE- 07 -05 -12 . SPECIAL WARRANTY DEED Date: .2012 Grantor: City of North Richland Hills, Tarrant County, Texas Grantor's Mailing Address (including county): 7301 N.E. Loop 826 P.C. Box 820669 North Richland Hills, Tarrant County, Texas 76186 Grantee: B.H. & L. Joint Venture Grantee's Mailing Address (including county): 700 Harwood Road Hurst, Texas 76654 Consideration: For and in consideration of the sum of TEN DOLLARS ($10.66) and other valuable consideration, the receipt of which is hereby acknowledged. Property (including any improvements): Approximately .198 acre of land located in North Richland Hills, Tarrant County, Texas and described in Exhibit "A" hereto. Reservations from and Exceptions to Conveyance and Warranty: Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grant, sell, and convey to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors, or assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the property to Grantee and Grantee's successors, and assign against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty when the claim is by, through or under Grantor, but not otherwise. Grantor excepts from this warranty all title acquired by the public through prescriptive use of public streets conveyed (herein, and convey only the title held by Grantor in such public streets. When the context requires, singular nouns and pronouns include the plural. EXECUTED on this day of )2012. 10ZT- A1►I to] :i City of North Richland Hills, Texas Mark Hindman, City Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mark Hindman, City Manager for 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 executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the City of North Richland Hills, Texas. Notary Public in and for The State of Texas AFTER RECORDING RETURN TO: George A. Staples Taylor, Olson, Adkins, Sralla & Elam, L.L.P. 6000 Western Place, Suite 200 Fort worth, TX 76107 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. F.5 PU 2012 -020 Award Bid No. 12 -028 for Energy Efficiency Contractor Services Presenter: Debbie York, Neighborhood Services Assistant Director Summarv: The City Council is being asked to award Bid No. 12 -028 for Energy Efficiency Contractor Services to Sustainable Services, LLC. General Descriration: The City of North Richland Hills has been allocated $200,000 in funding from two utility companies to provide income eligible North Richland Hills residents with energy efficiency upgrades to their homes free of charge. The Energy Efficiency Contractor Services will complete the assessments of work needed to make the homes more energy efficient as well as perform the installation of the energy efficiency measures. Notice of the city's intent to bid was advertised in local newspapers as required by State statute and posted to the city's website. Eighty -eight (88) vendors were contacted and invited to participate in the bid process. Competitive bids were received from Sustainable Services, PMG Project Management Group, Standard Renewable Energy, Atlas Efficiency Solutions and H & W Cleaning Systems. A Review Committee has evaluated the bid proposals and checked references. Staff recommends awarding this contract to the lowest bidder Sustainable Services, LLC as the best value for the city. Recommendation: To Award Bid No. 12 -028 for Energy Efficiency Contractor Services to Sustainable Services, LLC in an amount not to exceed $185,000. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. F.6 GN 2012 -065 Appointments to Boards & Commissions - Place 4 Presenter: Patricia Hutson, City Secretary Summarv: Councilman Barth is requesting Council to approve his nominations to the Place 4 positions on several of the City's Boards and Commissions. General Descrit)tion: The terms of office for the individuals serving in the Place 4 positions on the Boards and Commissions listed below have expired. Chapter 2, Article 111, Section 2-121c of the Code of Ordinances states that the City Council will act upon Council member nominations for these boards. Councilman Barth is submitting the following nominations for Council's consideration: • Keep North Richland Hills Beautiful Commission Doris Tipps • Library Board Kay Schmidt. • Park and Recreation Board Marlin Miller • Planning & Zoning Commission/ Capital Improvement Advisory Committee Randy Shiflet • Substandard Building Board Philip E. Orr, Jr. • Board of Adjustment Fonda Kunkel The terms of office for all of the above nominations will expire June 30, 2014. Recommendation: To take action on Councilman Barth's nominations to the Place 4 positions on the above listed Boards & Commissions. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. F.7 GN 2012 -064 Appointments to Red Light Camera Advisory Committee (Mayor & Place 4 Appointments) Presenter: Patricia Hutson, City Secretary Summarv: The Council is being asked to approve Mayor Trevino and Councilman Barth's nominations to the Red Light Camera Advisory Committee. General Description: In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code or Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. At the July 9 Council meeting, six individuals were nominated and approved by Council for appointment to the Committee. The two remaining appointments, Mayor Trevino`s and Councilman Barth's (Place 4), were to be submitted to Council for approval at a future meeting. At this time, Mayor Trevino and Councilman Barth are requesting Council approve their nominations to the Committee. Mayor Trevino Jimmy (Jim) Bowen Councilman Barth Steve Koons Recommendation: To approve the appointment of Mr. Bowen and Mr. Koons to the Red Light Advisory Committee, terms expiring June 30, 2013. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject Agenda Item No. G.4 EXECUTIVE SESSION ITEMS MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. H.1 Announcements - Councilwoman Wright ©ujesky Announcements The runoff election for the 2012 Democratic and Republican Primaries will be held on July 31st. Early voting will take place July 23rd through 27th at the former Recreation Center, located at 6720 Northeast Loop 820. The runoff election is being conducted by the Tarrant County Elections Office. For a list of early voting times or to view a sample ballot, visit the Tarrant County Elections website or call 817 - 831 -8683. Keep NRH Beautiful is accepting entries for the "I Dig My Garden" Photo Contest until July 31st. Entry forms are available on the city's website and at City Hall. Winning photos will be displayed online and the winner will receive a $25 gift card from a local nursery. For more details, please call 817- 427 -6650. NRH20 is getting ready for the new school year by hosting a school supply drive August 5th through the 11th. Guests will receive $5 off General Admission when they donate 5 school supply items. This offer is not valid with any other discounts or offers, including the NRH resident discount. School supplies will be donated to the Birdville PTA. For more details, visit nrh2o.com or call 817 -427 -6500. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Debbie York of the Neighborhood Services Department — A resident called to thank Debbie for helping get her roof repaired. The resident now stays dry when it rains. She said she is thankful for city employees such as Debbie who truly care about the older residents in the community. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -23 -2012 Subject: Agenda Item No. H.2 Adjournment