Loading...
HomeMy WebLinkAboutCC 2014-06-23 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, June 23, 2014 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Update on TEX Rail Final Environmental Impact Statement Report (15 Minutes) A.2 Presentation by Parks Department regarding final design of public square adjacent to Dolce Living development (10 Minutes) A.3 Presentation on the Texas State Library's Special Project Grant awarded to the Library (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code to confer with attorney to seek advice about pending or contemplated litigation - Rufe Snow Drive condemnations B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to discuss 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 June 20, 2014 at c.btk-- p.m. ssi ant i y Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda—June 23,2014 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, June 23, 2014 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) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 9, 2014 City Council Meeting City Council Agenda—June 23,2014 Page 2 of 4 B.2 Award RFB No. 14-024 for Topsoil, Sand and Flex Base Material Contract to HJG Trucking in the Amount of$103,220 B.3 Approve a Supplement to the Original Agreement with Fugro Consultants, Inc. to Increase their Contract to $60,266.80 B.4 Interlocal Agreement with the City of Frisco for the purchase of Police Equipment C.0 PUBLIC HEARINGS C.1 RP 2013-11 Public Hearing and Consideration of a request from Bikash Saha for a Replat of Lots 1R1 & 1R2, Block 5, Brentwood Estates Addition; being two commercial lots on 3.193 acres at 8725 North Tarrant Parkway. C.2 RP 2013-16 Public Hearing and Consideration of a request from H. Keith Bertelsen for a Replat of Lots 15R, 16R and 17R, Block 1, Thompson Park Estates; being three commercial lots on 2.346 acres located at 6417 and 6425 Precinct Line Road. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 AP 2014-02 Consideration of a request from J & J NRH 100, FLP for an Amended Plat of Saddlebrook Estates located in the 8600 block of North Tarrant Parkway. E.0 PUBLIC WORKS E.1 Adoption of the City's Water Conservation and Drought Contingency/Emergency Water Management Plans and Approve Ordinance No. 3309 Amending Section 78-61 of the North Richland Hills Code of Ordinance E.2 Approve Amendment #2 to the Design Contract for Davis Blvd/Mid-Cities Blvd Intersection Project with Freese and Nichols for an amount not to exceed $191,000 F.0 GENERAL ITEMS F.1 Authorize the lease/purchase of dispatch radio equipment (MCC7500) in the Communications Center for the new City Hall Project in the amount of $164,880 to be reimbursed by Tarrant County 9-1-1 District P25 Radio Assistance Program F.2 Electronic Warrant Payment Services Interlocal Agreement with the North Central Texas Council of Governments G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS City Council Agenda—June 23,2014 Page 3 of 4 H.1 Announcements - Councilman Rodriguez H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 20, 2014 at '•: - p.m. 641)'_'l • A .ist. t 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. REMOVED FROM POSTING BOARD DA BY: O City Council Agenda—June 23,2014 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, June 23, 2014 5:30 P.M. A.0 Discuss Items from Regular City Council Meetinq A.1 Update on TEX Rail Final Environmental Impact Statement Report (15 Minutes) A.2 Presentation by Parks Department regarding final design of public square adiacent to Dolce Livina development (10 Minutes) A.3 Presentation on the Texas State Library's Special Project Grant awarded to the Library (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code to confer with attorney to seek advice about pending or contemplated litigation - Rufe Snow Drive condemnations B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to discuss land acquisition in the south and central portion of the City C.0 Adjournment N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.1 Update on TEX Rail Final Environmental Impact Statement Report (15 Minutes) Presenter: John Pitstick, Planning and Development Director Summary.: The final TEX Rail Environmental Impact Statement was released on May 14, 2014 and all final comments on the report were accepted until June 20, 2014. Staff will be giving a presentation to City Council regarding the TEX Rail design, schedule and staff comments forwarded to The "T" regarding the TEX Rail corridor plan. General Description: The City of NRH has been involved in planning efforts for the TEX Rail line since 2002 and has had City Council members and staff proactively supporting and serving on committees to support commuter rail. The final environmental impact statement (EIS) report for the TEX Rail Corridor has recently been released which includes Diesel Multiple Unit (DMU) technology with the initial rail phase from downtown Fort Worth to DFW Airport which is designated as the Minimum Operable Segment (MOS). The detailed EIS statement involves an extensive analysis of all environmental issues. Primary concerns for the City of North Richland Hills relates to train noise from horns approaching intersections. Staff has previously talked to City Council about the need to establish "Quiet Zones" to eliminate train horns through upgrading intersections by installing quad gates and median barriers to provide protection from drivers at railroad crossings. Staff has forwarded comments regarding the TEX Rail final EIS with issues in three areas. (Station platform and adjacent parking, noise impact mitigation and preservation of the Cotton Belt Trail) Please see below letter from the City Manager. At this point the plan is for the "T" to receive New Starts Federal Transportation funding and begin a Design /Bid /Build process to award a construction contract in early 2016 for a 2017 initial TEX Rail operation. The EIS also includes the deferred stations of Iron Horse and Smithfield in NRH to come online potentially in 2019. (NRH response to TEX Rail Final Environment Impact Statement Report) 144 R14 Office of the City Manager CITY OF NORTH RICHLAND HILLS June 19, 2014 Rob Harmon Officer-in-Charge TEX Rail Program Fort Worth Transport ation Authority 1600 E. Lancaster Avenue Fort Worth, TX 76102 -5720 RE: TEXRail Final Environmental Assessment comments Dear Mr. Harrison: The City of North Richland Hills ( "the City or "NRH') continues to promote and encourage commuter rail service in Tarrant County. Our Staff and City Council have participated in planning efforts since 2002 for rail service along the Cotton Belt Line. We are doing all we can as a community to support efforts for regional rail service. This letter is written to clarify specific comments affecting NRH regarding the recently released TEX Rail Final Environment Assessment documents. Our primary concerns include three areas. (Station platform and adjacent parking, noise impact mitigation and preservation of the Cotton Belt Trail) Station platform and adjacent parking for the Iron Horse and Smithfield stations - The City continues to actively plan for future rail stops and has developed conceptual plans for both stations. As a result of significant projected ridership at both stations we are supportive of utilizing efforts to acquire public parking areas that could ultimately be publiclprivate partnerships with the use of structured parking (i.e. "parking garage") areas that would provide the highest and best mixed use developments for these areas. We are supportive of the final location and disposition of the platform and parking areas to be contingent on further planning for ultimate parking needs through structured parking, Noise impact evaluation — The City has a significant number of potential residential noise impacts as a result of the Final Environmental Assessment for TEX Rail with no mitigation. The primary mitigation proposed is the implementation of quiet zones which would eliminate noise concerns to all but 4 properties in our community. The City would encourage the close coordination of efforts for establishing specific intersection crossing improvements to assure the effective implementation of quiet zones and abatement of noise concerns in NRH residential neighborhoods. There is no mention of Davis Boulevard in any proposed intersection improvements and there is no proposed mitigation for 4 existing residential structures that will have moderate noise impact even after "quiet zone' designations. The City of North Richland Hills requests that Davis Boulevard be included in intersection Improvements for quiet zone designations including quad gates and median barriers and that the 4 identified existing residential structures with moderate noise impact following quiet zone designations he mitigated through further noise barriers or building sound insulation. The City will continue to work proactively to establish standards for new building sound insulation for all new buildings within 150 feet of the railroad right of way. PO Bax 820609 • North Richland Hills, TX 76982 websire: wwwnrhtx.com Preservation of existing Cotton Belt trail — The City of North Richland Hills has a great communky resource in the Cotton Belt Trail that runs the length of our city and serves as a major link in the Regional Veloweb. The Regional Veloweb is a designated off - street trail network that has been planned to provide bicycle and pedestrian connections in the DFW Metroplex. The only mention in construction plans in the TEX Rail EIS includes the reconstruction of the Cotton Belt Trail through the Smithfield Station Area. It is our desire to protect this valuable resource and would request that the Cotton Belt Trail within existing rail right of way be protected during construction and future commuter rail operations. The Mayor, City Council and City Staff of North Richland Hills are encouraged and supportive of the proposed TEX Rail Commuter Rail MOS Alternative using AMU vehicle technology and look forward in working with TEX Rail staff in getting TEX Rail operational as soon as possible. We will be happy to meet to discuss any particulars with The "T'. Thank you for your consideration. Respectfully, W Mark Hindman City Manager City of North Richland Hills N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.2 Presentation by Parks Department regarding final design of public square adjacent to Dolce Living development (10 Minutes) Presenter: Vickie Loftice, Managing Director Summary.: Park Staff will be presenting the final design of the square in front of Dolce Living to City Council. This tract is across Parker Boulevard from Stormy Plaza and is part of Dolce Living's open space plan. Based on previous agreements this area will be maintained as a public park. This square is also directly south of the future performing arts facility property and will serve as a transition between civic and private uses. Realty Capital is responsible for design and construction of the square which will be formally dedicated to the city as a public park at final construction and acceptance by the City. TRACT 1 CONCEPT PLAN Home Town, North Richland Hills Mi y 4 As ciawa AxsLi .e An aioix LWEI�: �IWARY: ��^••,:,•••••�..,.��••^ orwsnta cnLaunorc r• 6t Z-- t—ir :dam b ci Ditb6 Ll N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.3 Presentation on the Texas State Library's Special Project Grant awarded to the Library (15 Minutes) Presenter: Cecilia Barham, Library Director Summary: The Library has been recommended to be awarded a Texas State Library's Special Project Grant in the amount of $74,785.00 to implement the state's first full- service library makerspace. General Description: In the spring, the Library applied for a Texas State Library's Special Project Grant to develop the state's first full - service library makerspace. The Library received notification on June 11th that they were recommended for a grant award of $74,785.00 to fund this project. The proposed project is a community makerspace, The Maker Spot. It will be installed in a 4,800 square -foot space at the North Richland Hills Public Library. The Maker Spot will be a collaborative work space where children, teens and adults can participate in hands -on learning opportunities through access to new technologies and innovative processes to design and build projects. The Maker Spot will provide a flexible, participatory learning environment where learning is made physical by applying science, technology, math, engineering and creativity to solve problems and build things. The Maker Spot will provide access to resources that support the following areas: 3D Printing, Audio - Visual Production and Editing, Electronics and Robots, Science (as a hands -on, collaborative lab) and Soft Crafts. The program will leverage existing partnerships with The Tarrant County Makers Foundation (Tarrant Makers) and the North Texas Library Consortium (NTLC). The NRH Library began its partnership with the Tarrant Makers in spring 2013. The Tarrant Makers provide curriculum, resources and trainers for STEM and Maker - oriented programs offered by the Library. The Library provides the Tarrant Makers with a location for monthly meetings. The proposed project would extend this partnership to the services and programs offered through The Maker Spot. When the first year of the grant requirements are met, the Library is automatically qualify for additional grant funding of up to $75,000.00 for years 2 and 3 of the project. The 2014115 Proposed Budget includes funding to prepare the upstairs Library shell space for the Maker Spot. Improvements will include sheetrock and bedding, painting, some electrical and acoustic tiles for noise damping. The improvements will be minimal and will not impact any future plans for the library. Staff will also seek partnerships and other funding sources to assist with the improvements needed for the Marker Spot. Formal consideration to accept the grant will be placed on the July 14 City Council Regular Session. Staff will provide a presentation on the item in Work Session and answer questions about the grant and the proposed markerspace. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 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 N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code to confer with attorney to seek advice about pending or contemplated litigation - Rufe Snow Drive condemnations Presenter: George Staples, City Attorney N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to discuss land acquisition in the south and central portion of the City Presenter: Mark Hindman, City Manager N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 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, June 23, 2014 7:00 P.M. 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) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 9, 2014 City Council Meetinq B.2 Award RFB No. 14 -024 for Topsoil, Sand and Flex Base Material Contract to HJG Trucking in the Amount of $103,220 B.3 Approve a Supplement to the Original Agreement with Fugro Consultants, Inc. to I ncrease their Contract to $60,266.80 B.4 Interlocal Agreement with the City of Frisco for the purchase of Police Equipment C.0 PUBLIC HEARINGS C.1 RP 2013 -11 Public Hearing and Consideration of a request from Bikash Saha for a Replat of Lots 1R1 & 1R2, Block 5, Brentwood Estates Addition; beinq two commercial lots on 3.193 acres at 8725 North Tarrant Parkway. C.2 RP 2013 -16 Public Hearing and Consideration of a request from H. Keith Bertelsen for a Replat of Lots 15R, 16R and 17R, Block 1, Thompson Park Estates; being three commercial lots on 2.346 acres located at 6417 and 6425 Precinct Line Road. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 AP 2014 -02 Consideration of a request from J & J NRH 100, FLP for an Amended Plat of Saddlebrook Estates located in the 8600 block of North Tarrant Parkway. E.0 PUBLIC WORKS E.1 Adoption of the City's Water Conservation and Drought Contingency /Emergency Water Manaaement Plans and Approve Ordinance No. 3309 Amendina Section 78 -61 of the North Richland Hills Code of Ordinance E.2 Approve Amendment #2 to the Design Contract for Davis Blvd /Mid- Cities Blvd Intersection Project with Freese and Nichols for an amount not to exceed $191,000 F.0 GENERAL ITEMS F.1 Authorize the lease /purchase of dispatch radio equipment (MCC7500) in the Communications Center for the new City Hall Project in the amount of $164,880 to be reimbursed by Tarrant County 9 -1 -1 District P25 Radio Assistance Program F.2 Electronic Warrant Payment Services Interlocal Agreement with the North Central Texas Council of Governments G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Rodriquez H.2 Adjournment N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.0 Call to Order - Mayor Trevino N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.1 Invocation - Councilman Whitson N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.2 Pledge - Councilman Whitson N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 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. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. A.5 Removal of Item(s) from the Consent Agenda N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. B.1 Approval of Minutes of June 9, 2014 City Council Meeting Presenter: Monica Solko, Assistant City Secretary Recommendation: To approve the minutes of the June 9, 2014 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 — JUNE 9, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the gtn day of June 2014 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Rita Wright Oujesky Tito Rodriguez Tom Lombard Tim Barth David Whitson Scott T urn age Tim Welch Staff Members fall to (-)rrlar Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Monica Solko George Staples Mary Peters Kristin James John Pitstick Larry Koonce Mike Young Stan Tinney Clayton Comstock Craig Hulse Laury Fiorello Kyle Spooner Mike Hamlin Greg VanNieuwenhuize Jerry Lewandowski Kirk Marcum Mayor Mayor Pro Tem, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Assistant Police Chief Fire Chief Senior Planner Economic Development Director Assistant Finance Director Information Services Director Assistant Police Chief Engineer Purchasing Manager Assistant Fire Chief Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular City Council Meetinq There were no questions from Council. A.1 Presentation and Discussion of Proposed Estate Lot Designations John Pitstick, Planning and Development Director presented a PowerPoint presentation with proposed estate lot designations. Option No. 1: No Go - Zoning as Usual: Regulate through taking zoning cases on a one -on -one basis with general City Council policy to allow R -1 -S in Continental Trail /Valley & Little Ranch /Meadow Creek areas and discouraging new R-1 -S elsewhere Option No. 2: Slow Go - Comprehensive Plan update Incorporate new Estate District policies and outline boundaries through Comprehensive Plan update over the next couple of years Option No. 3: Go Go! - New Estate District Create new Estate District standards and boundaries with city initiated rezoning to include lot, square footage, architectural, entryway, driveway and fencing standards After a brief discussion and questions by the Council, the consensus was to go with Option No. 2 Slow Go. Council requested staff to conduct neighborhood meetings, to develop a policy for preserving the two areas, to take the findings back to Planning & Zoning Commission and develop the new Estate District. All this to be conducted through the Comprehensive Planning process. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 EXECUTIVE SESSION - Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City Mayor Trevino announced at 6:26 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072 to deliberate the purchase, exchange, lease or value of real property. C.0 Adjournment Mayor Trevino announced at 6:35 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order June 9, 2014 at 7:00 p.m. I ;T01I WOU 41 Present: Oscar Trevino Rita Wright Oujesky Tito Rodriguez Tom Lombard Tim Barth David Whitson Scott T urn age Tim Welch Staff: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director 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) — PRESENTATION OF TEEN COURT SCHOLARSHIPS BY TEEN COURT ADVISORY BOARD Karen Russell, Chair of Teen Court Advisory Board presented the 2013/2014 Teen Court Scholarships to the following Teen Court volunteers: • Leon Zajimovic Richland High School • Dylan Barth Birvdille High School • Mary Rofaeil Birdville High School • Marina Rofaeil Birdville High School A.4 CITIZENS PRESENTATION Ms. Penny Luker, 8636 Stonecrest Trail, NRH, came forward. Ms. Luker requested policy and permit information on solar panels in the city. Mayor Trevino asked John Pitstick, Planning and Development Director, to help Ms. Luker. Mr. Tolbert Jenkins, 8001 Limerick Lane, NRH, came forward. Mr. Jenkins was concerned with the approval of oil and gas drilling in our city. His concerns included recent media attention on earthquakes, the tainting of water and pollution in the atmosphere due to drilling. Mayor Trevino asked Karen Bostic, Assistant City Manager, to speak with Mr. Jenkins about his concerns. Mr. Steve Morrow, 8809 Kirk Lane, NRH, came forward. Mr. Morrow had concerns with drainage issues and the culverts used as trail crossings on the John Barfield Trail in Little Bear Creek. None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS ❑ PPRnvPn B.1 APPROVAL OF MINUTES OF MAY 19, 2014 CITY COUNCIL MEETING COUNCILMAN LOMBARD MOVED TD APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS C.1 SUP 2014 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE CAFFEY GROUP, LLC FOR A SPECIAL USE PERMIT FOR THE KEST GAS WELL PAD SITE LOCATED ON A PORTION OF LOT 1, BLOCK 2, CITY POINT ADDITION IN THE 4200 BLOCK OF RUTH ROAD - ORDINANCE NO. 3310 ❑PPRC]VFn Mayor Trevino opened the public hearing and called on John Pitstick, Planning and Development Director to present the item. Mr. Pitstick summarized the item. The Caffey Group has made application for a Special Use Permit for an initial 4 acre gas drilling and production pad site with frac pond area on property in the 4200 block of Ruth Road. The Caffey Group is requesting to drill up to 16 gas wells from this site and has shown a final production pad site to be reduced to 1.93 acres at the completion of drilling activities. SUP approval for gas well pads is required on all non - residential properties with appropriate technical and safety plans and a master development plan indicating how the proposed gas well site will not prohibit or hinder future development on prime non - residential properties. This SUP only includes potential approval for a gas well pad site. Specific gas drilling and production permits would be issued by staff and the Gas Board would be responsible for deciding any setback variances through a public hearing process on all gas wells that fall within 600 feet of 2 church properties and several businesses on Wellman Drive. A 150 foot "no build" zone easement outside the boundaries of the pad site is also required and being established. The proposed Kest pad site is in a commercial area that is not visible from the traveling public and therefore not very marketable for commercial uses. The ultimate development plan indicates a reduction from 4 acres to less than 2 acres for the final pad site that will allow for future commercial and office buildings to develop to the north along Boulevard 26. The surrounding masonry screening wall and landscaping is compatible with similar gas well pad sites established in the city. There are no existing residential properties within 600 feet of proposed gas wells. The Kest pad site provides effective technical, safety and aesthetic plans and the provision for a significant reduction in the ultimate pad site. Staff and the Planning & Zoning Commission recommend approval with the following stipulations: • The surrounding church properties and commercial building owners along Wellman Drive have input and appropriate aesthetic concerns be addressed as part of this SUP approval. • A permanent concrete access driveway and 8 foot masonry wall and landscaping be established prior to any drilling activities. • Maximum number of gas wells is 16. • SUP is restricted to 5 years from the date of approval. Mayor Trevino called on the applicant to come forward and present the item. Mr. Patrick Filson representing Caffey Croup, LLC, 5757 Kroger Drive, Fort Worth, came forward. Mr. Filson presented a PowerPoint presentation to Council on the proposed pad site, landscaping and access drive. The proposed primary route will be from 820, to Glenview Drive, to Ruth Road to Boulevard 26. The benefits of the proposed location are no residential homes within 600 feet, all landscaping and screening will be installed prior to operations and centralized drill location. He was available to answer any questions Council might have. Mayor Trevino called for anyone wishing to speak in favor of the request to come forward. Paul Lee, 7813 Conn Drive, NRH, came forward. Mr. Lee is the President of the North Hills Mineral Owners Coalition, a neighborhood volunteer group that organized to lease mineral rights as a group. We fully support the acceptance of the permit request. Mark Hancock, Chairman of Board of Trustees, representing Richland Hills Methodist Church, 6104 Circleview Drive; Haltom City, TX came forward. Mr. Hancock stated that the church signed a waiver in favor of the well site. His only concern was the traffic flow down Glenview Drive with school children at both St. John's and Richland Hills United Methodist, parents and everyday business down Glenview Drive. Mayor Trevino called for anyone wishing to speak against the requests to come forward. David Dean, St. John's President, came forward. Mr. Dean was not opposed to the well site but concerned with traffic down Glenview with all the students attending school year around and Sunday church traffic. Mr. Dean was unaware of anyone speaking to St John's about the pad site and would like some time limits set for the trucks driving down Glenview. There being no one else wishing to speak, Mayor Trevino closed the public hearing and called for a motion. COUNCILMAN LOMBARD MOVED To APPROVE ORDINANCE No. 3310 INCLUDING THE STIPULATIONS MADE BY STAFF AND PLANNING & ZONING COMMISSION. MAYOR PRO TEM WRIGHT ❑UJESKY SECONDED THE MOTION. Several Council members expressed concerns with traffic congestion, the safety for school children during the congestion, and safety for the school. Mayor Trevino called on Fire Chief Tinney. Fire Chief Tinney explained the routine safety inspections made by the NRH Fire Department at all drilling sites in the city. Mayor Trevino stated that he understood the concerns for the school children and the traffic congestion that comes with that. He was satisfied with any concerns for safety being so close to the school with our routine inspections made by our NRH Fire Department. COUNCILMAN TURNAGE ASKED FOR AN AMENDMENT TO THE MOTION TD RESTRICT THE TIME FOR SERVICE VEHICLES ON GLENVIEW DRIVE MORE SPECIFICALLY DURING SCHOOL HOURS WHEN THE SCHOOL LIGHTS ARE FLASHING. Council commented on specific times to be included in the motion from 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 4:30 p.m. Mr. Pitstick explained that currently the hours of operation for any construction in NRH is 7:00 a.m. to 7:00 p.m. or 6:00 a.m. to 8:00 p.m. during daylight savings time and no Sundays were allowed. Although during the 30 days of drilling and fracing it is 24 hour continuous work at the site. Councilman Barth voiced his concern for the lack of communication to St. John's Catholic Church about the proposed pad site. Mr. Mark Caffey with Caffey Croup, LLC., stated that the conversations about the pad site began with St. John's but were redirected to speak with the Fort Worth Diocese. The Fort Worth Diocese is the owner of the property. After further discussion on restricting specific time for service vehicles, Council felt that limiting the time could potentially affect surrounding or upcoming development in the area or even hinder construction at the new municipal complex. So therefore, the amendment was not included in the original motion. MOTION TO APPROVE CARRIED 5 -2, COUNCILMAN BARTH AND MAYOR PRO TEM WRIGHT ❑UJESKY VOTING AGAINST. D.0 PUBLIC WORKS Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 AWARD RFB 14 -023 TO MEDORA CORPORATION IN THE AMOUNT OF $62,482 FOR BURSEY WATER STORAGE TANK SOLAR POWER MIXER UNIT APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. This item is to award the purchase and installation of a solar powered water mixer unit for the elevated potable water storage tank located on Bursey Road. The unit is being funded from the Utility Capital Project identified as UT1401 with an approved budget of $85,000. Medora Corporation bid proposal of $62,482 is well within the approved budget. Staff recommends award of RFB 14 -023 to Medora Corporation in the amount of $62,482 for Bursey Road water storage tank solar power mixer unit. COUNCILMAN WELCH MOVED To AWARD RFB 14 -023 TO MEDORA CORPORATION IN THE AMOUNT OF $62,482 FOR BURSEY WATER STORAGE TANK SOLAR POWER MIX UNIT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 RENEW THE JOINT ADMINISTRATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS WITH TARRANT COUNTY FOR FISCAL YEAR 2015 -2017 - RESOLUTION NO. 2014 -016 ❑ PPRC]VPn Kristin James, Assistant to the City Manager, summarized the item. Council is being asked to approve a joint administration agreement between the City of North Richland Hills and Tarrant County including the administration of the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program which the City of North Richland Hills receives direct funding for. The agreement allows the City of North Richland Hills to continue to be a part of the Urban County for the purpose of program planning and implementation for the entire period of the Urban County qualification. Staff recommends approval of Resolution No. 2014 -016 the renewal of the Joint Administration Agreement for participation in the Community Development Block Grant and HOME Investment Partnership with Tarrant County for Fiscal Year 2015 -2017. COUNCILMAN RODRIGUEZ MOVED To APPROVE RESOLUTION No. 2014 -016. MAYOR PRO TEM WRIGHT 0UJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 APPROVE THE PURCHASE OF CISCO NETWORK EQUIPMENT, SERVERS, SOFTWARE MAINTENANCE AND LICENSING FROM SYNETRA IN THE AMOUNT OF $82,794.75 ❑ PPRC]VPn Kyle Spooner, Information Services Director, summarized the item. The purpose of this project is the replacement of existing public PCs at the NRH Library with virtualized PCs. Virtualized desktops utilize back office equipment to perform their processes. The proposed solution will allow city staff to easily control, troubleshoot, and deploy Windows computing to current locations. This purchase allows Information Services to deploy 101 virtual desktops. Staff recommends approval of the purchase of network equipment, servers, software and maintenance from Synetra in the amount of $82,794.75. MAYOR PRO TEM WRIGHT ❑UJESKY MOVED To APPROVE THE PURCHASE OF Cisco NETWORK EQUIPMENT, SERVICES, SOFTWARE MAINTENANCE AND LICENSING FROM SYNETRA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 APPROVE DENIAL OF RATE INCREASE REQUESTED BY ATMOS ENERGY CORPORATION, MID -TEX DIVISION - RESOLUTION NO. 2014 -015 ❑PPRC]VFn Karen Bostic, Assistant City Manager, summarized the item. Earlier this year, Atmos Mid -Tex filed a Rate Review Mechanism ( "RRM ") request with the City to increase rates. The request was for a $45.7 million increase system -wide. The City worked with the Atmos Cities Steering Committee ( "ACSC ") to review documentation substantiating the rate increase. It was determined the amount of the rate request was not supported by the documentation and the ACSC Executive Committee tried to reach a compromise with Atmos. No compromise was reached so the next step in the process is for City Council to approve a Resolution to deny the increase. After the denial, Atmos will have the ability to appeal the denial to the Texas Railroad Commission. The RRM tariff allows Atmos to implement its requested rates effective June 1 while any appeal at the Commission is pending, subject to refunds based upon the outcome of the appeal. This would represent a monthly increase of approximately: • Residential Customer Current Bill - $48.09 New Bill - $50.11 Diff - $2.02 • Commercial Customer Current Bill - $254.85 New Bill - $260.91 Diff - $6.06 • Industrial Customer Current Bill - $4,680 New Bill - $4,837 Diff - $157 • Transportation Customer Current Bill - $2,837 New Bill - $2,994 Diff - $157 Staff recommends approval of Resolution No. 2014 -015. COUNCILMAN LOMBARD MOVED To APPROVE RESOLUTION No. 2014 -015, DENIAL OF RATE INCREASE REQUESTED BY ATMoS ENERGY CORPORATION, MID -TEx DIVISION. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 AUTHORIZE THE PURCHASE OF DISPATCH CONSOLES FOR THE NEW CITY HALL COMMUNICATIONS CENTER FROM WATSON FURNITURE CO. IN THE AMOUNT OF $181,539.76 TO BE REIMBURSED BY THE TARRANT COUNTY 9 -1 -1 DISTRICT PSAP ASSISTANCE PROGRAM ❑ PPRC]VPn Jimmy Perdue, Public Safety Director, summarized the item. Staff requests authorization to enter into an agreement for the purchase of dispatch consoles from Watson Furniture Co. in the amount of $181,539.76 for the Communications Center as part of the new City Hall project. This agreement will allow the City to make payments to Watson Furniture Co. structured around the utilization of available funds from the Tarrant County 9 -1 -1 District Public Safety Answering Points (PSAP) Assistance Program. Payments will be made over a 3 -year submission and approval cycle with three distributions approximating a total of $180,000. COUNCILMAN TURNAGE MOVED To AUTHORIZE THE CITY MANAGER TO ENTER AN AGREEMENT TO MAKE PAYMENTS TO WATSON FURNITURE COMPANY FOR THE PURCHASE OF DISPATCH CONSOLES STRUCTURED AROUND THE UTILIZATION OF AVAILABLE FUNDS FROM THE TARRANT COUNTY 9 -1 -1 PSAP ASSISTANCE PROGRAM OVER A 3 -YEAR SUBMISSION AND APPROVAL CYCLE WITH THREE DISTRIBUTIONS APPROXIMATING A TOTAL OF $180,000. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 APPROVAL OF AN AGREEMENT WITH THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT FOR ASSIGNMENT OF SCHOOL RESOURCE OFFICERS ❑ PPRC]VPn Jimmy Perdue, Public Safety Director, presented the item. City Council is being asked to approve an agreement with the Birdville Independent School District (BISD) for assignment of School Resource Police Officers in various schools within the district. The City of North Richland Hills provides School Resource Officers (SROs) for the security and wellbeing of students within BISD schools located within the city. Currently, the schools receiving SRO services are Birdville High School and Richland High School. Two SROs provide services for these two schools during the school year. An agreement has been reached to add two SROs to provide law enforcement services to additional schools within the district. The city agrees to assign one of the additional SRCs, who will rotate coverage between two schools, North Ridge Middle and Smithfield Middle schools during the school year. Further, the city agrees to assign the second additional SRC, who will rotate coverage between two schools, to North Richland Middle School and the Birdville Center of Technology & Advanced Learning campus during the school year. To assist in the costs incurred by the city for this program, BISD agrees to reimburse 50% of the personnel and benefits costs for each officer for a 12 -month period. The term of this agreement is for the 2014 -2015 school year and will continue each school year, thereafter, unless terminated by either party. MAYOR PRO TEM WRIGHT OUJESKY MOVED TD AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BISD FOR ASSIGNMENT OF SCHOOL RESOURCE OFFICERS. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS GA ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action required. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Turnage made the following announcements. June is Adopt a Cat Month. To celebrate, the NRH Animal Adoption & Rescue Center is offering reduced adoption fees for all cats and kittens this month. For more information, please visit the Animal Adoption & Rescue Center or call 817- 427 -6570. Iron Horse Golf Course is celebrating its 25th Anniversary with a special golf tournament this Friday, June 13th. Each player will receive an Iron Horse golf shirt and golf ball, as well as great food and prizes. Call 817- 485 -6666 to sign up and get more information. Celebrate Father's Day at NRH20! All dads will get in free on Father's Day when accompanied by a child. Visit NRH20.com or call 817- 427 -6500 for more information. Kudos Korner - Eliza Margenau of the Municipal Court. A note was received from an attorney thanking the staff who came to her aid when she fainted in court. Eliza was the first to respond and take care of the attorney until paramedics arrived. "Your kindness and help that day and since then touched me and my office. We are so grateful and appreciative," the note said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:19 p.m. Oscar Trevino — Mayor ATTEST: Monica Solko, Assistant City Secretary N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. B.2 Award RFB No. 14 -024 for Topsoil, Sand and Flex Base Material Contract to HJG Trucking in the Amount of $103,220 Presenter: Jimmy Cates, Public Works Operations Manager Summary: Award RFB No. 14 -024 Topsoil, Sand and Flex Base Material Annual Contract to HJG Trucking in the amount of $103,220. General Description: In the 2013/2014 approved budget, Council appropriated funds for the purchase of various materials required for street and yard repairs following water /sewer repairs or planned street improvements. These materials are used by the Public Works Department on a daily basis and is ordered and delivered from the vendor or picked up from the vendor's storage site. Notice of the City's intent to bid was advertised in local newspapers, as required by state statute, and posted to the City's website. Twenty -seven (27) vendors were contacted and invited to participate in this bid process. Four (4) bids were received from the following vendors; CJA Enterprises, Texas Sand and Gravel, Gouch Sand and Gravel, and HJG Trucking. HJG Trucking submitted the lowest bid of $103,220. The Public Works Department has evaluated the bids and checked references for HJG Trucking. HJG Trucking was the department's Topsoil, Cushioned Sand and Flex Base provider for the past three years and has proven to be a dependable company. There is a five (5 %) increase in the cost of materials as compared to last year. The awarded contract is renewable for a three (3) period on an annual basis subject to city approval. Recommendation: Award RFB No. 14 -024 to HJG Trucking in the amount of $103,220. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. B.3 Approve a Supplement to the Original Agreement with Fugro Consultants, Inc. to Increase their Contract to $60,266.80 Presenter: Joe Pack, Parks and Recreation Capital Projects Supt. Summary: Fugro Consultants is providing construction materials testing services for the John Barfield and Calloway Branch Trails. Council is being asked to approve a supplement to the original agreement to increase the contract to $60,266.80. General Description: An agreement was executed between Fugro Consultants, Inc. and The City of North Richland Hills on April 29, 2013 for construction materials testing services for the construction of the John Barfield and Calloway Branch Hike and Bike Trails. The original contract award of $49,786.80 was based upon an estimate by Fugro for the placement of concrete for the trails in 350 linear feet intervals. Based on the length of each trail, Fugro proposed 480 compressive strength tests and 150 moisture density tests for the duration of the project. Based on field conditions and unforeseen items, additional concrete pours are required necessitating additional materials testing by Furgro Consultants, Inc. Based on pricing for professional services agreed upon in the original contract, this will result in an increase of $10,440 for the additional services. Funds are available in the approved CIP projects PK9601 (Calloway Branch Trail) and PK9602 (John Barfield Trail) for the original agreement and the supplement. Recommendation: Approve a supplement to the original agreement with Fugro Consultants, Inc. to increase their contract to $60,266.80. FUGF]IG CONSUL ,13V I , PC. 2517 East Loop 820 N. Fort Worth, Texas 76118 Tel: 817.2849595 * * REVISED JUNE 9, 20 94 Fax: 817- 284.4480 March 25, 2013 Proposal No. 04.41132028 Mr. Joe Pack, RLA, ASLA Parks and Recreation City of North Riohland Hills 5720 N.E. Loop 820 North Richland Hills, TX 76180 COST ESTIMATE FOR CONSTRUCTION MATERIALS INSPECTION AND TESTING SERVICES JOHN BARFIEL❑ & CALLOWAY BRANCH MULTI -USE TRAILS NORTH RICHLAND, TEXAS . Dear Mr. Pack: We are pleased to submit our cost estimate to provide construction materials testing services for this project. Our estimated cost for the above referenced project is ** $57,418.$5. A cost breakdown based on the project plans and specifications is attached. Our firm is a member of the American Council of Engineering Laboratories, meets the basic requirements of ASTM E 329, is AASHTO accredited and is authorized to operate in the State of Texas. SCOPE OF SERVICES We estimate that the following services will be required; In -place density testing of retaining wall backfill, utility backfill, box culverts subgrade and general trail cuts and fills; Concrete placement monitoring and compressive strength testing; Reinforcing steel inspection; Drilled pier verification. BUDGET RECOMMENDATIONS FOR TESTING SERVICES Our budget recommendations are based upon the project plans and specifications prepared by Dunaway dated December 18, 2012, Unit Fees and Budget Recommendations are attached detailing the number of tests proposed and our unit fees for performance of these tests. Our unit fees include all estimated technician time and administrative charges for performance and review of tests. Our invoices will be based on the enclosed unit rate schedule and only on the actual work performed. A member of the Fugre group of companies with of oes throu ghout the world. JOHN BARFIELD & CALLOWAY BRANCH MULTI -USE TRAILS Proposal No. 04.4113202B March 25, 2013 "REVIssoJUIVO9. 20 id TERMS AND CONDITIONS Please see attached schedule 40.01 (Jan.07) for terms and conditions for providing testing services. This project will be billed on the basis of work performed at the attached unit fees. Our services will be billed monthly with payment expected upon receipt of our invoice. The scheduling of our services at this project will be through the project general contractor. Materials testing services are for quality control purposes only. Although our personnel do not have responsibility for job site safety of others or stop -work authority, they will conduct their work in a safe, workmanlike manner and will observe work site safety requirements. To indicate acceptance of our proposal, please have the signature block below signed by a duly authorized person in the space provided and return the attached copy to us for our files. Whoever signs this proposal is identified as our Client as used per the attached proposal and throughout schedule 40.01. We thank you for the opportunity to submit this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need any additional information. FKC: bi Enclosures CLIENT: Authorizing Signature Name and Title Sincerely, FUGRO CONSULTANT , INC. TBPE Firm Regist on No. 299 King Cook Branch anager 2 Company Date JOHN BARFIELD & GALLOWAY BRANCH MULTI -LASE TRAILS i T Proposal No. 04.41132028 _ March 25, 2019 Rzv79EQJuNE9, 2014 — PROFESSIONAL AND TECHNICAL. FEES 1.0 Analysis, Consultation, and Report Preparation. Fees for our professional services, including project administration, are based on the time of professional, technical, and other support personnel directly applied to the project. Personnel participating in judicial proceedings, whether it be expert or witness testimony, delivery of depositions, consultation to legal counsel, or preparation for such, will be billed at 1.5 times the standard rates quoted below. Overtime rates for hourly personnel will be billed at 1.35 times standard rates. Rates for Sunday and holiday work and emergency response will be quoted on request. Principal Senior Consultant Senior Professional Project Professional Testing Supervisor Staff Professional Specialist Technician Drafter Senior Technician Word Processor Technician Associate Technician Technician Trainee $170 $150 $125 $100 $ 90 $ 80 $ 50 $ 50 $ 55 $ 45 $See attached proposal $ See attached proposal $ 40 2.0 Other Services. Project may require other services, such as: field exploration, field or laboratory testing, reproductlon, or computer services, which are not covered by this schedule. Notes: (1) The above rates are based upon performing these services in non - hazardous, non -toxic environments. (2) Overtime rates are billed after 8 hrs,ltechnicianiday and Saturday services and for services provided prior to 7:00 a.m. and after 5:00 p.m. (Sunday /Holiday rates quoted upon request.) (3) All services are billed portal to portal. Minimum 2 hours chargeltrip. (4) Our fees do not include temperature control for the initial field- curing environment of the compression test cylinders, or the supplying a temperature controlled curing box. This we would assume to be supplied by the concrete supplier or contractor if required. JOHN BARFIELD & CALLOWAY BRANCH MULTI -USE TRAILS Proposal No. 04.41132028 March 25, 2013 R. RcVl9E0 JUNE 9,2014 `€in CONSTRUCTION MATERIALS INSPECTION AND TESTING SERVICES JOHN BARFIELD & CALLOWAY BRANCH MULTI -USE TRAILS NORTH RICHLAND BILLS, TEXAS PROPOSAL NO. 04.41132028 1.0 EARTHWORK TESTING Sample soils In field to perform laboratory tests to establish moisture/density relationships, determination of liquid limit, plastic limit and plasticity of soils, perform in -place density tests on subgrade and backfill. 2.0 CONCRETE TESTING Sample concrete in field, perform slump and air tests (air entrained concrete) for each set of cylinders. Identify time batched and time of placement, record concrete and ambient temperatures, weather conditions and water added on -site. Cast, transport, test and report as results are made available. Proposed ITEM DESCRIPTION uanti Unit Rate Amount In -Place Density Tests 1.1.1 Total Tests - Trail - Recommend 1 Test/150 ** 174 ea. $17.00 ** $2,890.00 1.1 LF ** 600 ea. $17.00 * *$10,200.00 1. 1.2 Total Tests -Retaining Walls, culverts, pipe, 80 ea. $17.40 $1,364.00 etc. 1.2 1 Moisture Density Relationship ASTM D 698 8 ea. $160.00 $1,280.00 1.3 Atterberg Limits Tests (Liquid Limit, Plastic Limit 8 ea. $S0.00 $400.00 2.2 4 and Plasticity Index tests ** 394 hrs. $46.00 * *$18,124.00 1.4 Technician Time (Sampling & Testin g) 200 hrs. $46.00 ** $9,200.00 SUBTOTAL EARTHWORK TESTING * *S15,130.00 2.0 CONCRETE TESTING Sample concrete in field, perform slump and air tests (air entrained concrete) for each set of cylinders. Identify time batched and time of placement, record concrete and ambient temperatures, weather conditions and water added on -site. Cast, transport, test and report as results are made available. Per TxDOT Criteria. Per contractor 350LFlplacement = 60 placements plus hox culverts, ruing walls, head walls, bridge decks, piers, footings, etc, 4 Proposed ITEM DESCRIPTION Quantity Unit Rate Amount Compressive Strength Cylinders [based on 4 cylinders per set/100 CY's or fraction thereof" each 2.1 / day - Trail Concrete and 4 cylinders 160 CY's 1 set ** 600 ea. $17.00 * *$10,200.00 for Drainage Structures or minimum of 1 set/each day's placement. 2.1.1 All Placements Technician Time -- Concrete Sampling 2.2 4 2,2.1 All Placements -- MARE CYLINDERS AND ** 394 hrs. $46.00 * *$18,124.00 LEAVE. SUBTOTAL CONCRETE TESTING * *$28,324.00 Per TxDOT Criteria. Per contractor 350LFlplacement = 60 placements plus hox culverts, ruing walls, head walls, bridge decks, piers, footings, etc, 4 JOHN BARFIELD & CALLOWAY BRANCH MULTI -USE TRAILS Proposal No. 04,4113202,B March 26. 2013 •r )?ZVIS6C.JUNF9, 2014 3.0 DRILLED PIER VERIFICATION r Observation of drilled piers installation, placement of reinforcement steel and concrete placement. 4.0 AUSCELLANEOUS ITEM DESCRIPTION P Unit Rate Amount ITEM DESCRIPTION Quantity Quanti Unit Rate Amount 3.1 Pier Drilling Observation (Assume 8 Days) Regular 64 hrs. $52.00 $3,328.00 Time ** 11,760.00 3.2 Pier Drilling Observation ( Assume 8 Days) 24 hrs. $70.20 $1,684.80 Overtime SUBTOTAL CONCRETE TESTING $5,012.80 4.0 AUSCELLANEOUS ITEM DESCRIPTION Proposed Ouantitv Unit Rate Amount 4.1 Vehicle Charge, trip ** 180 ea. $50,00 ** $9,000.00 4.2 Reinforcing Steel Inspection 60 hrs. $46.00 $2,760.00 SUBTOTAL MISCELLANEOUS ** 11,760.00 TOTAL ESTIMATED COST ** $60,226.80 TOTAL ESTIMATED COST LESS REMAINING BUDGET AMOUNT - $2,807.95 TOTAL ESTIMATED REMAINING COST ** $57,418.85 W FUGRO CONSULTANTS, INC. Schedule 40.04 (Rev, Jan. 07) GENERAL. CONDITIONS FOR TECHNICAL SERVICES 1, Parties to Thfs Agreement CLIENT as used herein Is the entity who authorizes performance of services by Fugro Consultants, Inc. ( FUGRO) under the conditions stated herein, FUGRO as used herein includes, Fugro Consultants, Inc., Its employees and officers, and its subcontractors and sub - consultants (Including affiliated corporations). On-,slte,fRr,§ponqIblIft1es and Risk b 2.1 Right-of-Entry. Unless otherwise agreed, CLIENT will furnish unfettered rights -of -entry and obtain permits as required for FUGRO to perform the fieldwork. 2.2 Damage to Property. FUGRO will take reasonable precautions to reduce damage to land and other property caused by FUGRO's operations. However, CLIENT understands that damage may occur and FUGRO's fee does not include the cost of repairing such damage. If CLIENT desires FUGRO to repair and/or pay for damages, FUGRO will undertake the repairs and add the pre - agreed cost to FUGRO's fee. 2.3 Toxic and Hazardous Materials. CLIENT will provide FUGRC with all information within CLIENTS possession or knowledge as to the potential occurrence of toxic or hazardous materials, or Biological Pollutants (as defined in 9. below) at the site being investigated. If unanticipated toxic or hazardous materials, or biological pollutants are encountered, FUGRO reserves the right to demobilize FUGRO's fleld operations at CLIEN75 expense. Remobillzation will proceed following consultation with FUGRO's safety coordinator and CLIENT's acceptance of proposed safety measures and fee adjustments, 2.4 Utilities and Pipelines. While performing FUGRO's fieldwork, FUGRO will take reasonable precautiona to avoid damage to subterranean and subaqueous structures, pipelines, and utilities, CLIENT agrees to defend, Indemnify, and hold FUGRO harmless for any damages to such structures, p'pollnes, and utilities that are not called to FUGRO's attention and/or correctly shown on plans furnished to FUGRO. 2.5 Site Safety. FUGRO is not responsible for the job site safety of others, nor does FUGRO have stop -work authority over work by others. However, FU13RO will conduct its work In a safe, workman -like manner, and will observe the work -aite safely requirements of CLIENT that have been communicated to FUGRO in writing. 3. St n_ dCare 3.1 FU SRO will perform its services cons lstent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions In the some location. 12 CLIENT acknowledges that conditions may vary from those encountered at the location where borings, surveys, or explorations are made and that FUGRO's data, interpretations, and recommendations are based solely on the information available to FUGRQ, and FUGRO !s not responsible for the interpretation by Others of the information developed. 4. Limitation of Remedies To the greatest extent permitted by law, CLIENT's sole remedy against FUGRO for claims and liabilities in any way arising out of or directly or Indirectly related to FUGRO's work for CLIENT will not exceed an aggregate limit of 550,000 or the amount of FUGRO's fee, whichever is greater, regardless of the legal theory under which remedy is sought, whether based on negligence [whether sole or concurrent, active or passive], breach of warranty, breach of contract, strict liability or otherwise. In the event CLIENT does not wish to Iimh FUGRO's remedy to this sum, and It CLIENT requests in writing prior to acceptance of this Agreement, FUGRO agrees to negotiate a greater remedy amount In exchange for an ir.creaso In scope and fee approprlate to tha project and remedy risks Involved. . S. Invoices and Payment At FUGRO's discretion, Invoices will be submitted at the completion of task elements, or monthly for services rendered. Payment Is due upon presentation of FUGRO's invoice and is past due thirty- (34) days from invoice date. CLIENT agrees to pay a financing charge of one percent (1 %) per month (or the maximum rate allowable by law, whichever Is less), an past due accounts, and agrees to pay attorney's fees or other costs Incurred in cellecUng any delinquent amount. B. ❑Etta. Records, We*- Pmductarrd_RQport(s), and Samples Data, Records, Work Product and Report(s) are FUGRO's property. All pertinent records relating to FUGRO's services shall be retained for a minimum Of two (2) years after completion of the work. CLIENT shall have access to the records at all reasonable times during said period. FUGRO will retain samples of soil and rock for a minimum of 30 days after submission of FUGRO's report unless CLIENT advises FUGRQ otherwise. Upon CLI ENT's written request, for an agreed charge FUGRQ will store or deliver the samples in accordance with CLIENT's instructions. 7, In Ifb n FUGRO and CLIENT shall indemnify each other from any claims, damages, losses, and costs, including, but not ilmlted to, reasonable attorney's fees and litigation costs, to the proportionate extent caused by each party's own negligence, including the negligence of the Indemnifying party, and its employees, affiliated corporations, officers, and sub -tier parties in connection with the project, 8. Conseouential damages Notwithstanding any other provision of this Agreement, CLIENT and FUGRO waive and release any claim against the otherfor loss of revenue, profit or use of capital, ion of services, business interruption and/or delay, lass of product, production delays, lasses resulting from failure to meet other contractual commitments or deadlines, downtime of facilities, or far any special, indirect, delay or consequential damages resulting from or arising out of this Agreement, or as a result of or in connection with the work, and whether based on negligence (whether sole or concurrent, active or passive), breach of warranty, breach of ccntract, strict liability 0r otherwise. 9. Biological Pollutants FUGRO's scope of work does not include the investigation, detection, or design rerated to the presence of any Biological Pollutants. The term 'Biological Pollutants" includes, but is not limited to, mold, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms. CLIENT agrees that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged, arising from, or caused directly or Indirectly by the presence of or exposure to any Biological Pollutants. In addition, CLIENT will defend, indemnify, and hold harmless FUGRO from any third party claim for damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants. If CLIENT requests in writing prior to acceptance of this Agreement, FUGRQ will negotiata a greater 11mitatian amount, and remove CLIENT's responsibilities, in exchange for an increase in fee to develop an expanded scope of work to provide bloIog Ica i pollutant protection. 10. Acceptance of Agreement These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO. FUGRO will not initiate serv;Ca without formal agreement on the terms and conditions set forth In these GENERAL CONOW,ONS. Acceptance or authorization to initiate services shall be considered by both parties to constitute formal scceptance of all terms and conditions of these GENERAL CONDITIONS. Furthermore, all preprinted terms and conditions on CLIENT's purchase order or purchase order acknowledgment forms are inapplicable to these GENERAL CONDITIONS and FUGRO's involvement in CLIENT's project, 11. Termination of Contract CLIENT and FUGRO may terminate services at any time upon ten (10) days written notice. In the event of termination, CLIENT agrees to fully compensate FUGRO for services performed including reimbursable expenses to the termination date, as well as demobilization expenses. FUGRO will tesrsnlnate services without waiving any claims or incurring any IIabillty, ,4� °' CERTIFICATE OF LIABILITY INSURANCE711r2o14 DA6�27/2013 " THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORNAT1ON ❑NLY AND CONKERS NO RIGHTS IJPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATTV ELY OR NEGATIVELY AMEND, EXTEND 0R ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THI3 CERTIFICATE OF INSURANCE D09S NOT CON" TUTS A CONTRACT 13ETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the po III: y(iae) must be endorsed. IfSUBRDQATION IS WAEVED, sob]ectto the terms and cond111ons of the policy, certain poIIries may require an endorsement. A statement on this Certificate doss not confer rights to the certificate holder In IleU oFsuch end orsemeage). PRODUCER LOWON COMPANIES, LLC 5947 SAN FEUPE, SUITE 320 HOUSTON TX 77057 866.MM538 N ' C Et ! Na a�+�tlL INS URERIS1 G NsuRER 4: Libcrty Mutual Fire Insurance Company 23035 INSURED FUgro Consultants Inc. 1365452 2517 E. t.n0pp820 North Fort WGrfh TX 76118 INSURERB r U d1S/Libe InVI Underwriters 7/1 /2013 1NSURERC : L1 I ce C Iaration 424 INSURER n: PAM U ,9TS" INSUR913 a, MED E%P (Any ono pBrwM INSURER F, PERSONAL & AQV INJURY COVERAMPR CERTIFICATE NUMBER- 174[741727 REVISION NUMBER: xxxxXxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OFINSURANCE IM we POLICY NUMBER 15 E F P c EXP Uma3 A GENERAL UAMUTY X COMMERCIAL GENERALL}ABIUTY CLAIMS -MADE 1XI OCCUR X Deductible $250.000 Y y TB2 -641- 005066.033 7/1 /2013 711!p 12014 EACH OCCURRENCE s 1,000,000 PAM U ,9TS" 100,000 MED E%P (Any ono pBrwM s 5,000 PERSONAL & AQV INJURY S 1,000,000 GENE RAIL AGO REGATE S 2,000,000 aEN'L AGGREGATE U MIT APPLIESPER: 7p0LrCyFx13PA& x PRODUCTS- COMPIOPAGO s2.000.000 $ A AUTOR OUILELIASILMY x ANY AUTO Abr RNED ^� ULEO AAlU1 BOSS NOpry.pWNEA WREDAUTOS AUTOS Y Y AS2. 641 - 005066 -023 71I/2013 7111'1014 Ea am EQaINGLE LIMIT a 1,000,000 BODILY 1NJURY (Per person) $ �x BODILY INJURY (Rer aOpdvM $ �(x)s' f XX P�aocj Q AGE E X�C�C�CX �C a xxxxxxx $ XdUMBRELLAUAp EXCESS LtAB x j{ OCCUR CLAINISSMAQE Y Y LME -5710 7/1/2013 7/112014 EACH OCCURRENCE S 5004000 AGGREGATE 5 5,000,000 DED X RETENTION E 50 000 8 j�Qxx O ORHERSCOMP OH AND EMPLOY'GRS'LIAMLITY YIN ANY PROPRICtOWPARTNEMEXECUTNE IMya�nda my lIn NH) ExCaJ1 01 rCEBCRIPTION OFeOPERATIONS Wow NIA Y WA7.64D7IXI5066.083 7/I/2013 7/t12014 I E.L EAEJHACCIDENT 8 1 004 000 @.L DISEASE. EArmPuDYEE 1,000,000 E.L DFSEIISE- ellrY I lmrr It 1-060-000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VHHICt hAtlach ACORD ief, AddltlonRl Romarkf Schedw% If mare apse* to faqulled) All olicles include a blanket notice DF cancel lation to certificate holders endorscmerlt providing for (30) slays' advance notice if the policy is cancelled by the comrny other than for nonpayment of premium, {toy days' notice after the pD icy is canceled for nonpayrnent of premium. Notice is sent to certificate holders with mailing addresses on Tile with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation. VhKI Irtl;AI t MULUhK L Ar4LCLLA11Vn DZU nUaiLjj1U1611L SHOULDANY OF THE AUOVE DESCRIBED PCUCIES BE CANCELLED BEFORE THE EXPIRATION DATE 'THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Wm7 THE P OUCY PROMIONS. 12109027 AUTHORUED REPRESENTATIVE For Information Purposes nr:nan gc fmininro 01989 -2010 ADD RD CO RPORATION. All rights reserved Tho ACORD name and logo are registered marks of ACORD All Policies (Except Workers` Compensation/EL) Include a hlanKet automatic additional Insured endorsement [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional Insured. In the absence of such a contractual obligation on the part of the named Insured, the certificate holder is not an additional insured under the policy. All Policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named Insured and the certificate holder that requlres It. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. Miscellaneous Attachment : M486171 Master ID: 1365452, Certificate ID: 12409027 N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. B.4 Interlocal Agreement with the City of Frisco for the purchase of Police Equipment Presenter: Mike Hamlin, Assistant Police Chief Summary: The City of North Richland Hills and the City of Frisco desire to enter into an Interlocal Agreement, pursuant to Chapter 791 of the Texas Government Code "Interlocal Cooperation Act," to set forth the terms and conditions upon which the City of North Richland Hills and the City of Frisco may purchase police uniforms and accessories. General Description: Under the terms of the Interlocal Agreement, the City of North Richland Hills and the City of Frisco may cooperate in the purchase of various goods and services commonly utilized by each city, and may purchase goods and services from vendors under present and future contracts. In October 2014, the contract with GST Public Safety Supply in Grand Prairie, Texas will expire and is not renewable. In order to have a replacement contract for the purchase of police uniforms established for the future, the City would need to conduct a competitive bid process to identify a police equipment vendor. In July 2013, the City of Frisco led and conducted a multi- agency competitive bid process for a police equipment supplier. As a result, Red the Uniform Tailor in Carrollton, Texas, was awarded the contract. This interlocal agreement will allow the City to utilize the multi - agency contract awarded to Red the Uniform Tailor, thereby replacing the contract with GST Public Safety expiring in October 2014. The City of North Richland Hills and the City of Frisco will each be individually responsible for the payment of any item(s) purchased through a contract or purchase order resulting from the agreement and for the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. Participation in this Interlocal Agreement may be terminated by any party upon thirty (30) days' written notice to the other participating party. Participation in an Interlocal Agreement with the City of Frisco will be highly beneficial to the taxpayers of the City of North Richland Hills through the anticipated savings to be realized. Recommendation: Authorize the City Manager to execute an Interlocal Agreement with the City of Frisco. II24 k9:4N110ISMWiTHN=11:4 il=1124 ki This Interlocal Agreement ( "Agreement ") is made and entered into this 23 day of June, 2014, by and between the CITY OF FRISCO, Texas (hereinafter called "FRISCO"), and the CITY OF NORTH RICHLAND HILLS, Texas (hereinafter called "NORTH RICHLAND HILLS "), each acting by and through its duly authorized officials: WHEREAS, FRISCO and NORTH RICHLAND HILLS are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, FRISCO and NORTH RICHLAND HILLS wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter " Interlocal Cooperation Act ") to set forth the terms and conditions upon which FRISCO and NORTH RICHLAND HILLS may purchase various goods and services commonly utilized by each party; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of FRISCO and NORTH RICHLAND HILLS through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, FRISCO and NORTH RICHLAND HILLS have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; FRISCO and NORTH RICHLAND HILLS agree as follows: 1. FRISCO and NORTH RICHLAND HILLS may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts. 2. FRISCO and NORTH RICHLAND HILLS shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. FRISCO and NORTH RICHLAND HILLS shall each make their respective payments from current revenues available to the paying party. 3. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other participating party(ies). 4. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. 5. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6. This Agreement shall become effective on the day and year first written above (the "Effective Date "). The primary term of this Agreement shall be for one (1) year, commencing on the Effective Date and terminating on May 1, 2015, and shall thereafter automatically renew for successive one -year terms, unless terminated according to the terms set forth in Paragraph 3. 7. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. 8 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. 9. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 10. This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. 11. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. 12. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 13. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. EXECUTED hereto on the day and year first above written. Is] 11 x'90]M ;INRIKV CITY OF NORTH RICHLAND HILLS George Purefoy Mark Hindman City Manager City Manager STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the 23 day of June, 2014, by George Purefoy, City Manager of the CITY OF FRISCO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of 2014, by of the CITY OF NORTH RICHLAND HILLS, TEXAS, a home -rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. C.0 PUBLIC HEARINGS NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. CA RP 2013 -11 Public Hearing and Consideration of a request from Bikash Saha for a Replat of Lots 1R1 & 1R2, Block 5, Brentwood Estates Addition; being two commercial lots on 3.193 acres at 8725 North Tarrant Parkway. Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: Mr. Bikash Saha is requesting approval of a replat to subdivide one lot of 3.193 acres into two lots for the purpose of future sale /lease and development of the property's North Tarrant Parkway frontage. PURPOSE OF FLAG LOT: The area of the proposed Lot 1 R1 is currently developed with a private Montessori school. If the owner wants to sell off and develop the southern half of his property, the subdivision would remove his entitlement to a monument sign on North Tarrant Parkway. To address this, the applicant is providing a 15 -foot wide flag that increases to 50 -feet wide and 20 -feet deep along North Tarrant Parkway. The purpose of the 50 -foot wide "flag" is to meet the Sign Ordinance's requirement for frontage along a street for monument sign eligibility. Staff does not support this use of flag lots in North Richland Hills, as they are an inefficient use of land and can cause disputes between property owners. The Development Review Committee believes this plat to be circumventing conventional subdivision principles simply for the benefit of signage. Staff has proposed realistic alternative solutions to avoid this flag -lot design. Nevertheless, the proposed plat does meet all zoning and subdivision codes. PLATTING STATUS: Lot 1, Block 5, Brentwood Estates Addition. EXISTING CONDITIONS 1 ZONING: Zoned "C -1" Commercial, the existing 11,000 square -foot NRH Montessori on the north half of the property was built in 2008. According to their website, NRH Montessori provides Montessori -style education to children 18 months of age to third grade. THOROUGHFARE PLAN: The property has frontage on North Tarrant Parkway to the south and Shady Grove Road to the north. North Tarrant Parkway is designated as a "P6D" 6 -lane divided principal arterial with 200 feet of right -of -way. Shady Grove Road is designated as a "C2U" 2 -lane undivided collector with 60 feet of right -of -way. No additional right -of -way is required with this plat. ROUGH PROPORTIONALITY DETERMINATION: All paving, drainage, water and sanitary sewer facilities are in place to support the replat. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission is scheduled to consider this item at their June 19, 2014 meeting. A report will be given at the City Council meeting on the recommendation made by the Commission. STAFF RECOMMENDATION: As it meets all zoning and subdivision codes for North Richland Hills, staff recommends approval of RP 2013 -11. VICINITY MAP AERIAL PHOTO _ ,;:.} ,� .E .� "� : �• �1d. - IAA 5liady Grove Rd++f - A. `s r if rr ' An • .'...__ :. ....__.- ... North + 4V-. .v I• - j+, i•� - _ - --i !', r H m x W H J a NW�y LL IM 2' C 9F "$ yep .s °•s _= aH yp�a °y' $af Q8 °rt �F8tle Ago f! oAl eg' iya Rig l Gx5'� 2j "g[s ✓ saa i 7; .v fi i xC m � >p € s E jibg ¢3 a E9 e59 a €V ens lr :��ati� @ %Fils ? ddri gp r j i I ia j p f_9€ � �•s 3as �'i � 5�e ii t � a a° � 3 s� d � �� 8 F #!3? 8 3 . 3 r gill 1 ii s eat Bl�: ?ff 29 ��- .'i 1 @e�r;.lE ry VO I s li I F -i -� -r I I I I F I I I I I 3sf; y gy II {{ ad s- G l CO!2 .� el r o� IN lie g ZI— ! rh 1; iz I I' S I ! - — — — — — — — — — — , i I ti 1 I J •.v nvrrww�.e -w 1.�+., vwn.g tt- <a -nW +n� Mwe i�5'hM�.�.. REPLAT ENLARGEMENT I I I H. LAMAR SLAY VOL 11085, PC. 1521 l O.R.T -C -Y. I I I 1 ,280.3 SO- FT, R.O -W- DEDICATION DOC. NO. 0209309720 D-- R.T -C.L _ _ SHADY GROVE. -ROAD 9' (R. O, W, VARIES) K r J /r RY rrs CA w P N 89.32'34" E 777,15' SP �•� � >< 5Ei N CCNC. I I = 973332] + I I I I I I I AEL A 10' U -E. 10' 0 -E- P. AR- A. SLIDE 5312 CAB- A, SLIDE 531 I 5' U.E. o P.R.T.C.T, P.R- T- C -i.10' IJ -E- SLIDE 897 kT.C.T- I N i LOT IRI, BLOCK 5 1.512 ACRES (5,,834 Sa F7) Lo ^ BF C, to I = ! & umur — — — J LOT 1, BLOCK 5 1 a Wa. A. BRENTWOOD ESTATES ADDINON — — —,� CAB. A, SLIDE 5312 P, R, T, C. T, 1 �ISVNlJJ 0 734.17 q;b I -JPR" P/(CAL) V I ' $ 99'5-?'29 E 252.55 Lo a I I � 1 O I LOT 1, BLOCK S I I BRENTWOOD ESTATES ADDITION I CAB- A. SLIDE 5312 P.R- T.C.T. ' — — AB. A. SLIDC 5_'Ms J I P,R.T.C.T. — — LOT 1RZ, BLOCK 5 1.15$i ACRES I I (73242 S0. F ..) DRINNASE EASEMENT fo ODC =51403T o.R.i -Gi- � DRAINA EA$E]ENT L DOC. WQ4151Da7 C FLT.C,T- INGRESS & EGRESS. WA I 20' W g SS ESMT SE .MD DRIHAG I DOG 0704151OU 13939, PG. 15B O.R.T -C.i- - -- --- ---------- =� — — J 1/r iRF N 895229 !I 27a04 P.O.B. 1 is 5/2" IRT WE OF DAME H:7012551.03 E Y3623�257 1V NORTH TARRANT PARKWAY (200' R O. W.) 1 N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. C.2 RP 2013 -16 Public Hearing and Consideration of a request from H. Keith Bertelsen for a Replat of Lots 15R, 16R and 17R, Block 1, Thompson Park Estates; being three commercial lots on 2.346 acres located at 6417 and 6425 Precinct Line Road. Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: H. Keith Bertelsen is requesting approval of a Replat for the purpose of developing a Shipley's Do -Nuts store at 6417 Precinct Line Road next to Steak & Shake. CASE DESCRIPTION: The Development Review Committee has reviewed and approved a Site Plan for a new Shipley's Do -Nuts location on Precinct Line Road in front of The Home Depot. This replat simply shifts the western lot line of Lots 15 & 16 west and provides the access and utility easements necessary to accommodate the development. PLATTING STATUS: The 2.346 -acre property is currently platted as Lots 15, 16 and 17, Block 1 of Thompson Park Estates; a plat filed in 1956. EXISTING ZONING: "C -1" Commercial. Lot 15 was rezoned from "R -1" to "CS" on January 9, 2012 in connection with an auto lubrication station request. Lots 15 & 16 were then reclassified "C -1" with the City's zoning district renaming project in 2013. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Retail" for this area. The Retail land use is intended to permit a variety of retail trade, personal and business service establishments and offices. THOROUGHFARE PLAN: The subdivision has access and frontage along Wayne Lane and Precinct Line Road. Adequate right -of -way already exists for these thoroughfares; therefore the plat does not propose to dedicate any additional right -of- way. Access will also be provided to Martin Lane through a 30' access easement through Lot 11, Block 1, Thompson Park Estates. That easement will be filed by separate instrument. One right-in/right-out driveway will also be provided on Precinct Line Road for the development. SURROUNDING ZONING 1 LAND USE: North: R -1 Single Family/ Retail South: NR -PD (The Home Depot, CVS and Steak & Shake) 1 Retail East: City of Hurst West: R -1 Single Family & NR -PD 1 Retail ; T0111H:1,:t07101:41110724 1=1111va I]=1111=1NL►II2I=l11[0]24 F The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This includes a sanitary sewer extension and drainage flume installation. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission is scheduled to consider this item at their June 19, 2014 meeting. A report will be made at the City Council meeting on the Commission's recommendation. STAFF RECOMMENDATION: Approval of RP 2013 -16. VICINITY MAP Martin Dr -T-FFFU oae c Un• d c r11id Cities Blvd �I AERIAL PHOTO ` `�' W. TIP FX.. ..y fc' Mtn r r�'��■� c, 9 m lilili I +ri --Ip- - ►� }r � >r w� i '� • � r r � i '� I 1 = i �i — I •�': ��,. �.� r '�I I .II 7 1 �� I* � f :. MI I� � Jr/ ' - 1 r Aol ob) . _ _ _ rllid Cities BIW • i ^� fie' IS M� W x w a J a w 5 3 Tn m w ZEESe 5 iba xx }�9 jrt C m O �� e�E E'Z W s�S con x f k 9 g;p; AI a2 e b si �L J y3 ��aF en Zj E. M Ile s AR, � lit ti a � I $ 1SUnH 10 ALO 81104 ON "ON ON HILHON d0 A110 &WE _X-H K-J) ka I vI Rh�1_ �.A � i a R II - I I I I I �? loth 1. I I � I I k I r I I I I I I L I I —� - - -- ka I vI Rh�1_ �.A � i a Z W NW LL J Z W H m 2 x W iu A a N _j x ❑ x Ana r im.3 �AR9n paa�wgp' +�Y i ig WOE ', (MH PV9) avom 2[NI7 , 3AII,73Hd .ZMZ en.� s i E■ rn � w N .UVSZ 3,ig9id70 N :f 7'1'Erd fl9LY� VqV eM�} - -L 71711lk1 e io -Ow -01)o 6i1Z'LHd & J YH Vii Aimma o 3 �zw$ i� a 1��ad'r 3n�r a I ti f 1N��!B F9 w!7 T+.RY�B.SZ� I i3� Ij QCC ti ,W ��� a I I .orx. ruxox i I I I u7 v, , � I I � I I I � I- I �a — — — — — — — — — - 4 ggy i E■ rn � w N .UVSZ 3,ig9id70 N :f 7'1'Erd fl9LY� VqV eM�} - -L 71711lk1 e io -Ow -01)o 6i1Z'LHd & J YH Vii Aimma o 3 �zw$ i� a 1��ad'r 3n�r a pp ti I i3� Ij QCC ti J z 0 w 0 z w w w LL w CQ T 0 J z a J a w N N I z 0 w J N N Z 0 a J W W 0 z 0 W J N w 0 a a a 7 m N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. DA AP 2014 -02 Consideration of a request from J & J NRH 100, FLP for an Amended Plat of Saddlebrook Estates located in the 8600 block of North Tarrant Parkway. Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: J & J NRH 100, FLP is requesting approval of an Amended Plat for the 11.337 -acre 30 -lot single family residential development of Saddlebrook Estates, located near the southwest corner of Davis Boulevard and North Tarrant Parkway. The primary purpose of the Amended Plat is to shift the side lot lines of 12 lots approximately 5 feet to correct an engineering /surveying error made, where sewer service lines were not placed on their respective lots. CURRENT PLATTING: City Council approved the Final Plat for Saddlebrook Estates on July 22, 2013. CURRENT ZONING: R -2 Single Family. COMPREHENSIVE PLAN: Low Density Residential THOROUGHFARE PLAN: The lots will have direct access to North Tarrant Parkway via the new Saddlebrook Drive. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission is scheduled to consider this item at their June 19, 2014 meeting. Staff will present the recommendation of the Commission at the City Council meeting. STAFF RECOMMENDATION: Approval of AP 2014 -02 VICINITY MAP North Tarrant Pkwy L n, Y 7pp.e.l b q � J i E yy P i ii' 11 AERIAL MAP North Tarrant Pkw.y:Z,.* . # ' I M,�� .�.� "�: •_ . y . or a' iii' 4.'•. L'^_ -/ n � pr F- . • r1. illu �1 E a ;a3 6 ! . [[e! c? Y 3� m_ x W H J a W ❑ Z W a !W i� 11q ;. i .24. rk b ;Nag. yi8g Y �.�e � A, �bb i p Yrnj � "a i• � 9 RN d @, a�aGgrygi j i ague„ g -b 01 4 bb"g5 y�ao F4 !,%6 11q ;. i .24. I �h 1-4 in 9 Z9 A��C.� -o s � t� � �{ �_'lr°'t � "� •� s ~ "i � °m� l•�S�T' � 9 "�� I i ,�' � 'a ��:� e� � i :; ��tlK �s$ - �E ��ex q -- ___9v t6,� S_.6 .�ry -! -F- ___ N,h - re•aa- - - _- .�r.___�F =XY __ � -��� Ali E Lu 71-'N"°]IdMQ S1fY0 FH41rAY --------------- -n.. ��� jEj y - _ R Z a e - rdti Px[�w Fe1N9 YOOYQd'lQRP� „ a J �ej Y ; g�. m� j $ a i g I N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. E.0 PUBLIC WORKS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. EA Adoption of the City's Water Conservation and Drought Contingency /Emergency Water Management Plans and Approve Ordinance No. 3309 Amending Section 78 -61 of the North Richland Hills Code of Ordinance Presenter: Jimmy Cates, Public Works Operations Manager Summary: Council is being asked to consider adopting the city's Water Conservation and Drought Contingency plans by approving Ordinance No. 3309 amending Section 78 -61 of the Code of Ordinances. General Description: In December of 2012, an amended code to the Texas Administrative Code Title 30, Chapter 288 became effective. The amended code requires municipal governments to submit updated water conservation and drought plans to the Texas Commission on Environmental Quality (TCEQ) for 2014. These municipal plans must be adopted and updated on a five year basis to coincide with the regional water planning process. The city has updated both plans and listed below are the key points of each plan. The changes being proposed are changes that the City of Fort Worth made to their plans. All wholesale water customers of the City of Fort Worth are required to meet the Fort Worth plans as a minimum. The proposed plans will bring the North Richland Hills into compliance with Fort Worth's minimum requirements. Other cities in Tarrant County who purchase treated water from the City of Fort Worth will be required to meet the same minimum requirements. Water Conservation Plan This plan should include Best Management Practices (BMP's) that were developed by the Texas Water Development Board (TWDB) Report 362. The BMP's are voluntary for adoption and some of the BMP's are included in the city's plan as follows: System Water Audit and Water Loss Prohibition on Wasting Water Recommended Showerheads, aerators and Toilet Retrofit School Education Automatic Irrigation System Audit (City Partner with TRWD) Landscape Irrigation Conservation Metering of all New Connection and Replacement of Old Meters Public Information on Conservation Techniques Park Conservation The majority of the proposed Water Conservation plan stays the same, but there is one major addition concerning lawns and landscapes. Watering for lawns and landscapes must follow the schedule below: 1. Residential addresses ending in an even number (0, 2, 4, 6, and 8) may water on Wednesdays and Saturdays. 2. Residential addresses ending in an odd number (1, 3, 5, 7, and 9) may water on Thursdays and Sundays. 3. All non - residential locations (apartment complexes, businesses, industrial, parks, street and/or roadway medians, etc.) may water on Thursdays and Friday's. When outdoor water use is being used on the designated days a person may only water between the hours of 12 midnight to 10 a.m. and 6 p.m. to 11:59 p.m. on such days. The exception to the scheduled outdoor water days and hours is as follows: "Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. The intent of this exception is to allow for the protection of structural foundations, trees and other high value landscape materials ". As Council is aware the watering schedule above is the same schedule dictated when the city falls under the Stage 1 requirements in the Drought Contingency plan. With the proposed change to the Water Conservation plan this watering schedule will be required year round unless the city falls under a Stage 2 or Stage 3 condition. This would trigger a more stringent watering schedule while under that particular stage. The new watering schedule is a minimum requirement established by the City of Fort Worth. Drought Contingency /Emergency Water Management Plan A contingency plan is used by the regional water planning group and requires the following: �, Specific, quantified targets for water reduction Drought response stages Triggers to begin and end each stage Supply management measures Description of drought indicators Notification procedures Procedures for granting exceptions Ongoing public education Formal adoption of plan Coordination with regional water planning group The plan being submitted to TCEQ meets the above requirements. There are no major changes to the drought water shortage trigger stages. The key points of the plan are listed below. Stage 1 —Water Watch Triggering Conditions: Water demand reaches or exceeds 90% of reliable delivery capacity for three consecutive days. Total raw water supply within the Tarrant Regional Water District (TRWD) western and eastern division reservoirs, drop below 75% of conservation storage. All Water Users: Limit landscape watering with sprinkler or irrigation systems at each service address to a twice (2x) per week schedule. (As indicated in the Water Conservation plan above this will be the new permanent watering schedule.) Stage 2 — Water Warning Triggering Conditions: Water demand reaches or exceeds 95% of reliable delivery capacity for three consecutive days. Total raw water supply within TRWD, western and eastern division reservoirs, drops below 60% conservation storage. All Water Users: Limit landscape watering with sprinkler or irrigation systems to a once per week schedule at each service address as determined by the Public Works Department. Stage 3 — Emergency Water Use Triggering Conditions: �, Water demand reaches or exceeds 98% of reliable delivery capacity for one day. Total raw water supply within TRWD, western and eastern division reservoirs, drops below 45% of conservation storage. All Water Users: �, Prohibit landscape watering, including at parks and sport fields. Prohibit the draining, filling, or refilling of swimming pools, wading pools, and Jacuzzi pools. There are exceptions included with each water stage and are listed in the drought plan. The key exception included with each stage is that lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. As indicated above any city that is a wholesale customer of the City of Fort Worth is required to include these watering restrictions in their Water Conservation and Drought Contingency plans. Recommendation: Approve Ordinance No. 3309 Amending Section 78 -61 of the North Richland Hills Code of Ordinance Adopting the City's Water Conservation and Drought Contingency /Emergency Water Management Plans. 2014 DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN ti•'iy � -� _.._ ..r4.t' yrjMy`, •nip iii •: I'.l -'•�' ' j[ � �• ",.r.�'41 .V �,., - ..�i; ]'�. Y "" '',�•' 1 i.4 .0a� N o IZ "T- H IZ I C H L A N T:) H I L L S T H E C I T Y O F C H C) I C E. IC _1 I:_&*]9W010 i40k�*1 Section Description Page # 1.6 Introduction and Objectives.. ................................................................... 1 2.0 Texas Commission on Environmental Quality Rules ............................... 1 3.6 Water System Profile ...... ............. . . . . .. ................. 1 ...... ............................... 3.1 North Richland Hills Pumping Capacity ........................................... 2 3.2 Coordination with Regional Water Planning Group ......................... 2 4.6 Drought Contingency Plan ....................................... ............................... 2 4.1 Wholesale Customer's of Fort Worth and TRA . ............................... 2 4.2 Public Education ............................................... ............................... 3 4.3 Initiation and Termination of Drought Emergency Response Stages ............................. .............. .. ............................... 3 4.4 Drought and Emergency Response Stages ..... ............................... 4 4.4 Stage 1 Response ............................................. ..............................4 4.4 Stage 2 Response................ ............................ ............................... 8 4.4 Stage 3 Response .......................................... ............................... 11 4.5 Pro Rata Water Allocation .............................. ............................... 14 4.6 Procedures for Enforcing Mandatory Water Use Measures.......... 14 4.7 Alternative Water Sources ........... .................. 15 4.8 Variance Provisions ........................................ ............................... 15 4.9 Review and Update of Drought Contingency Plan ........................ 16 0129:4 ON 01lidI *' Appendix Description Page # A Letter to Wholesale Customer ................................ ............................... 17 B Letters to the City of Fort Worth, Trinity River Authority, the Texas Commission on Environmental Quality, and the Texas Water Development Board ............. ............................... 19 C Ordinance Adopting the Plan ................................. ............................... 24 D Emergency Water Management Plan Implementation .......................... 27 E Key City Officials' Contact Numbers ....................... ............................... 33 F Water Saving Methods— ....................................... .. ............................. 35 G Matrix of Actions by Customer Type and Stage ..... ............................... 49 1.0 INTRODUCTION AND OBJECTIVES Drought or a number of other uncontrollable circumstances can disrupt normal availability of the City's water supply. Even though the City may have an adequate water supply, the supply could become contaminated or a disaster could destroy the supply. The City's Drought Contingency and Emergency Water Management Plan (E1NMP) is not the same as the Water Conservation Plan. While water conservation involves implementing permanent water use efficiency or reuse practices, the EWMP will establish temporary methods or techniques designed to be used only as long as an emergency exists. The purpose of this Drought Contingency and EWMP (subsequently referred to as the Plan) is as follows: • To conserve the available water supply in times of drought and emergency. • To maintain supplies for domestic water use, sanitation, and fire protection. • To protect and preserve public health, welfare, and safety. • To minimize the adverse impacts of water supply shortages. • To minimize the adverse impacts of emergency water supply conditions. 2.0 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES TCEQ Rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.1 (4) defines a drought contingency plan as "a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies.,' TCEQ rules governing development of and minimum requirements for drought contingency plans for municipal water suppliers and wholesale water suppliers are contained in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively. 3.0 WATER SYSTEM PROFILE North Richland Hills purchases water from the Trinity River Authority Northern Region (TRA) and the City of Fort Worth. Tarrant Regional Water District (TRWD) is the wholesale raw water supplier for TRA and the City of Fort Worth. The water supply sources for TRA and the City of Fort Worth are as follows: ■ Lake Arlington: TRA pipeline A West Fork of Trinity River: Lake Worth, Eagle Mountain Lake, and Lake Bridgeport (A pipeline connecting Eagle Mountain Lake to the East Texas supply is under construction). ■ East Texas: Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth and Richland Chambers Reservoir; 1 ■ Clear Fork of the Trinity River via Fake Benbrook. A pipeline connects Lake Benbrook to the East Texas Supply. fiT:i 117I7:1W_1 -0 17 off 11Nl "AiZ11t*11 -a IZCrIO7e17a[41 ti i1 North Richland Hills provided water to approximately 65,690 residents in 2013 with the population expected to exceed 69,734 by 2020. In addition, North Richland Hills provides treated water to the City of Watauga with a current estimated population of 24,044 and is expected to exceed 24,632 by 2020. North Richland Hills purchases treated water from the City of Fort Worth and the TRA Northern Region and distributes water through a series of four (4) ground storage facilities and four (4) elevated storage facilities resulting in a storage capacity of 16 million gallons and an estimated pumping capacity of 47 million gallons/day (MGD) of available potable water. NORTH RICHLAND HILLS PUMPING CAPACITY Puma Station Entry Points 7699 Airport Freeway at Handley Ederville Road 5105 Western Center Boulevard 4145 Stanlev Keller Road 1011 Glade Road Station Caoability [MGD F091111 12.0 4.0 23.0 3.2 COORDINATION WITH REGIONAL WATER PLANNING GROUP The water service area of the City of North Richland Hills is located within the Tarrant Regional Water District and the City of North Richland Hills has provided a copy of the Plan to the Tarrant Regional Water District. 4.0 DROUGHT CONTINGENCYIEMERGENCY WATER MANAGEMENT PLAN 4.1 WHOLESALE CUSTOMERS OF FORT WORTH AND TRA The City of North Richland Hills is a wholesale or retail customer of the City of Fort Worth and the Trinity River Authority (TRA) for purchasing potable water. The City is required, per the wholesale contract, to establish a Drought Contingency /Emergency Water Plan similar to the City of Fort Worth and TRA. The City's Plan must follow the same triggering conditions, stages, and responses to drought or emergency water conditions as Fort Worth and TRA plans. Under the City's Plan, we will be notified by the City of Fort Worth or TRA by telephone or facsimile, and a written letter for each stage of the Plan to follow. The notification process will include the steps the City must take in order to comply with their plans. The City may also need to implement an Emergency Water Management Plan in lieu of Fort Worth or TRA's plans. For these emergency water situations, the City will follow the same triggers, stages, and responses as outlined in the Plan. 4.2 PUBLIC EDUCATION The City of North Richland Hills will inform and educate the public about the Drought Contingency /Emergency Water Management Plan by the following means: ■ Preparing fact sheets describing the Plan and making these available online and at various City sites and at events where the Public Works Department may have an educational booth. • Posting a copy of the Plan on the City's web site. • Notifying local organizations, schools, and civic groups that staff is available to make presentations concerning drought contingencies and emergency water management plans. When the Drought Contingency /Emergency Water Management Plan is activated or the stage changes, the City will notify local media of the issues, the current response stage, and the specific actions required of the public. The information will also be publicized on the City's web site. Utility bill inserts will also be used as appropriate. 4.3 INITIATION AND TERMINATION OF DROUGHT AND EMERGENCY RESPONSE STAGES The provisions of this Plan shall apply to all persons, customers, and property utilizing potable water provided by the City of North Richland Hills. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The Plan does not apply to locations using treated wastewater effluent, private or public wells or possessing their own water rights in the Trinity River; however, any pond, impoundment, body of water, or other water service that is supplemented, or has the ability to supplement supply, with potable water shall adhere to the provisions of this Plan. The Plan may be applied to the entire city or geographic portions of the City as necessary. If the Plan is applied only to a limited sector, the boundaries will be defined in terms of roadways, creeks and other easily distinguishable features. Initiation of a DroughtlEmergency Water Management Stage The City Manager or his/her official designee may order the implementation of a drought response or water emergency stage when one or more of the trigger conditions for that stage is met. The fallowing actions will occur when a stage is initiated: ■ The public will be notified through local media and through the City's web site. • The City of Watauga, a wholesale or retail customer of the City, will be notified by telephone, e -mail, follow -up letter, or fax that provides details of the reasons for initiation of the drought or water emergency stage. • The public will also be notified by postings at the North Richland Hills' City Hall and at several key public facilities within the City. Temporary signs will also be placed throughout the City. 3 The notification will include the proper stage level and responses to the stage level so residents and customers of the city will understand what actions are required on their part. A description and details of the reasons for initiation of the drought or water emergency stage will be provided in the public posting. All stages imposed by the City of Fort Worth or TRA must be initiated by the City of North Richland Hills. The Tarrant Regional Water District (TRWD) supplies surface water to the City of Fort Worth and TRA. The raw water is treated and made potable for the City of North Richland Hills' use by the City of Fort Worth and TRA. Under the wholesale contracts and agreements, the City of North Richland Hills, the City of Fort Worth and TRA must initiate any drought response or emergency stages that have been initiated by TRWD. TRWD's stages are included in the City's Plan. Termination of a DroughVEmergency Water Management Stage The City Manager or his/her official designee may order the termination of a drought response or water emergency stage when notified by the City of Fort Worth or TRA that conditions for termination are met. The following actions will be taken when a drought stage is terminated: • The public will be notified through local media and through the City's web site. • The City of Watauga, a wholesale or retail customer of the City, will be notified with a follow -up letter, email or fax. The City of North Richland Hills may have to implement a water emergency stage on behalf of its water distribution system. Examples may include the loss of pumping capacity, contamination, and water main breaks. The City Manager or his /her official designee may order the termination of the stage. 4.4 DROUGHT AND EMERGENCY RESPONSE STAGES Stage 1 —Water Watch Triggering Conditions: • Water demand reaches or exceeds 90% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system. • Distribution system becomes contaminated. • Water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Total raw water supply within the Tarrant Regional Water District (TRWD) western and eastern division reservoirs, drops below 75% (25% depleted) of conservation storage. 0 • Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. • Water demand is projected to approach the limit of TRWD's permitted supply. • TRWD's supply source becomes contaminated. • TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of Stage 1 of the Plan. Terminating Condition for Stage 1 Stage 1 may terminate when the City of Fort Worth or TRA terminates its Stage 1 condition or when circumstances that caused the initiation of Stage 1 no longer prevail. Goal for use reduction for Stage 1 The goal for water use reduction under Stage 1, Water Watch, is five percent. If circumstances warrant or if required by the City of Fort Worth or TRA, the City Manager of North Richland Hills or his/her official designee can set a goal for greater water use reduction. Actions available for Stacie 1 The City Manager or his /her official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee must implement any action(s) required by the City of Fort Worth or TRA. All Water Users Initiate mandatory restrictions to prohibit non - essential water use as follows: • Discourage hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, patios, or other impervious surfaces, except to alleviate an immediate health or safety hazard. This may include premises with raw or processed food, pharmaceutical or vaccine processing, storage or vending establishments, including restaurants and grocery stores may be washed to the extent necessary for sanitary purposes. These areas may also include: Trash and dumpster areas. - Areas around fuel pumps. Storefront cleaning areas with accumulated bird droppings and debris. - Localized spot cleaning of parking areas to remove oil, grease build -up that may pose a health and safety issue. • Discourage hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting. 5 ■ Prohibit using water in such a manner as to allow runoff or other waste, including: - Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet; Operating a permanently installed irrigation system with: (a) a broken head; (b) a head that is out of adjustment and the arc of the spray head is over a street or parking lot; or (c) a head that is misting because of high water pressure; or During irrigation, allowing water: (a) to run off a property and form a stream of water in a street for a distance of 50 feet or greater; or (b) to pond in a street or parking lot to a depth greater than one - quarter of an inch; - Allowing or causing an irrigation system or other lawn watering device to operate during any form of precipitation. • Prohibit outdoor watering with sprinklers or irrigation systems between 10 a.m. and 6 p.m. • Limit landscape watering with sprinklers or irrigation systems at each service address to a twice per week schedule as outlined below. This includes landscape watering of parks, and sports fields. - Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays and Saturdays. - Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays. - All non - residential locations (apartment complexes, businesses, industries, parks, street medians, etc.) may water on Tuesdays and Fridays. • All users are encouraged to reduce the frequency of draining and refilling swimming pools, hot tubs and Jacuzzi type pools except to maintain adequate water levels for structural integrity, proper operation and maintenance, and for to alleviate an issue that poses a public safety risk. • All users are encouraged to use native and adapted drought tolerant plants in landscaping. • Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to the use of a hand -held bucket or a hand -held hose equipped with a positive- pressure shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the premises of a commercial car wash or commercial service station. Companies with an automated on -site vehicle washing facility may wash its vehicles at anytime. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles used to transport food and perishables. s Exceptions: - Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials.) Water use necessary for the repair of an irrigation system, plumbing line, fountain, etc., in the presence of the person making the repair. Foundations may be watered up to two hours on any day using a handheld hose, soaker hose or drip irrigation system placed within 24- inches of the foundation that does not produce a spray of water above the ground. Outdoor watering at service addresses with large multi - station irrigation systems may take place in accordance with a variance granted by the Public Works Department, if the department determines that a property can not be completely irrigated with an average of three - quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated on different days. - Establishing new turf is discouraged. If hydromulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that, the watering restrictions set forth in this stage apply. (This does not include over seeding with rye since turf already exists.) - Skinned areas of sports fields may be watered as needed for dust control. - Professional sports fields (playing fields within a stadium only, not surrounding landscaping) may be watered as needed to maintain league standards. City and Local Governments (In addition _to_the actions listed above): • Review conditions and problems that caused Stage 1. Take corrective action. • Increase public education efforts on ways to reduce water use. • Increase enforcement efforts. • Intensify leak detection and repair efforts. • Audit all city and local government irrigation systems to ensure proper conditions, settings, and operations. • Identify and encourage voluntary reduction measures by high - volume water users through water use audits. • Reduce non - essential water use. As used herein, non - essential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency. • The City of Fort Worth or TRA will notify the City of North Richland Hills of actions being taken and require them to implement the same stage and measures. Such action is in accordance with Section 2.5 of the Fort Worth Wholesale Water Contract. Per contract, wholesale customers are required to institute and apply the same A rationing, conservation measures or restrictions to the use of water by their customers for so long as any park of their total water supply is being furnished by the City of Fort Worth. • Advise City of Watauga of actions being taken by North Richland Hills and require enforcement of like procedures in the City of Watauga. • The City Manager, or his/her designees), will contact wholesale water customers to discuss water supply and /or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use (e.g., implement Stage 1 of the customer's drought contingency plan). • The City Manager, or his /her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Commercial or Industrial: • All actions listed above for all water users apply to commercial and industrial users. • Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions. • Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an "on demand" basis. • Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse their linens and towels. • Car wash facilities must keep equipment in good working order, which should include regular inspections to be sure there are no leaks, broken or misdirected nozzles, and that all equipment is operating efficiently. • All commercial and industrial customers are encouraged to audit irrigation systems. Staae 2 -- Water Warnin Triggering Conditions: • Water demand reaches or exceeds 95% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system. • Contamination of the water supply source(s) or water supply system. • Demand for all or part of the delivery system equals or exceeds delivery capacity because delivery capacity is inadequate. • Water supply system is unable to deliver water due to the failure or damage of major Water system components. • Total raw water supply within TRWD, western and eastern division reservoirs, drops below 60% (40% depleted) of conservation storage. n. • Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. • Water demand is projected to approach the limit of TRWD's permitted supply. • TRWD's supply source becomes contaminated. • TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 2 of the Plan. Terminatina Condition for Staae 2 Stage 2 may terminate when the City of Fort Worth or TRA terminates its Stage 2 condition or when circumstances that caused the initiation of Stage 2 no longer prevail. Goal for Use Reduction for Staae 2 The goal for water use reduction under Stage 2, Water Warning is to decrease use by 10 percent. if circumstances warrant or if required by the City of Fort Worth or TRA, the City Manager of North Richland Hills or his/her official designee can set a goal for greater water use reduction. Actions Available for Staae 2 The City Manager or his /her official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee must implement any action(s) required by the City of Fort Worth and TRA. ! Continue or initiate any actions available under Stage 1. All Water Users: • Limit landscape watering with sprinklers or irrigation systems to a once per week schedule at each service address as determined by the Public Works Department. This includes landscape watering at parks and sports fields. • All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping and turf. If hydromulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that, the watering restrictions set forth in this stage apply (this does not include over seeding with rye since turf already exists). • Prohibit use of water for dust control, except as required to protect public health. • Discourage the operation of ornamental fountains or ponds that use potable water except where necessary, to support aquatic life or where such fountains or ponds are equipped with a recirculation system. $1 • Prohibit filling of swimming pools with automatic valves. • Watering for dust control on skinned areas of sport fields is not allowed. Exceptions: Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials.) - Foundations may be watered up to two hours on any day by a handheld hose, a soaker hose, or drip irrigation system placed within 24- inches of the foundation that does not produce a spray of water above the ground. - Outdoor watering at service addresses with large multi - station irrigation systems may take place in accordance with a variance granted by the Public Works Department if the department determines that a property can not be completely irrigated with an average of three - quarters of an inch of water in a single day and that the property should be divided into sections to be irrigated on different days. If approved, no stations will be watered more than once per week. Professional sports fields (playing fields within a stadium only - not surrounding landscaping) may be watered as needed to maintain league standards. - Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs and Jacuzzi type pools except to maintain adequate water levels for structural integrity, proper operation and maintenance, and/or to alleviate an issue that poses a public safety risk. - Encourage the use of covers for all types of pools, hot tubs, and Jacuzzi type pools when not in use. City and Local Governments: • Continue or initiate any actions available under Stage 1. • Review conditions or problems that caused Stage 2. Take corrective action. • Increase frequency of media releases on water supply conditions. • Further accelerate public education efforts on ways to reduce water use. • Eliminate non -- essential water use. As used herein, non - essential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency. • Prohibit wet street sweeping. • The City of Fort Worth or TRA will notify the City of North Richland Hills of actions being taken and require them to implement the same stage and measures. Such action is in accordance with Section 2.5 of the Fort Worth Wholesale Water Contract. Per contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers 10 for so long as any part of their total water supply is being furnished by the City of Fort Worth. • Advise City of Watauga of actions being taken by North Richland Hills and require enforcement of like procedures in the City of Watauga. • The City Manager, or his/her designee(s), will initiate weekly contact with wholesale water customers to discuss water supply and /or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City Manager, or his /her designee(s), will request wholesale water customers to initiate mandatory measures to reduce non - essential water use (e.g., implement Stage 2 of the customer's drought contingency plan). • The City Manager, or his /her designee(s), will initiate preparations for the implementation of pro rata curtailment of water diversions and /or deliveries by preparing a monthly water usage allocation baseline for each wholesale customer according to the procedures specified in Section 4.5 of the Plan. • The City Manager, or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Commercial or Industrial: • All actions listed above for all water users apply to commercial and industrial users • Use of water from fire hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires approval from the Public Works Department. Fire hydrant use may be limited to only designated hydrants. Stage 3 - Emergency_ Water Use Triggering Conditions for Stage 3: • Water demand reaches or exceeds 98% of reliable delivery capacity for one day. The delivery capacity could be citywide or in a specified portion of the system. • Contamination of the water supply source(s) or water supply system. • Demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Total raw water supply within TRWD, western and eastern division reservoirs, drops below 45% (55% depleted) of conservation storage. • Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. 11 • Water demand is projected to approach or exceed the limit of TRWD's permitted supply. • TRWD's supply source becomes contaminated. • TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of Stage 3 of the Plan. Terminatina Conditions for Staqe 3 Stage 3 may terminate when the City of Fort Worth or TRA terminates its Stage 3 conditions or when circumstances that caused the initiation of Stage 3 no longer prevail. Goals for Use Reduction for Stage 3 The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease use by 20 percent. If circumstances warrant or if required by the City of Fort Worth or TRA, the City Manager of North Richland Hills or his/her official designee can set a goal for a greater water use reduction. Actions Available for Stacie 3: The City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee must implement any action(s) required by the City of Fort Worth or TRA. ■ Continue or initiate any actions available under Stages 1 and 2. All Water Users: Prohibit landscape watering, including at parks, and sports fields. • Prohibit establishment of new landscaping. Variances may be granted for those landscape projects started prior to the initiation of Stage 3 drought restrictions. • Vehicle washing restricted to commercial car wash, commercial service station or a private on -site vehicle washing facility and can only be done as necessary for health, sanitation, or safety reasons, including but not limited to the washing of garbage trucks and vehicles used to transport food and other perishables. All other vehicle washing is prohibited. • Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life. • Prohibit hosing of buildings or other structures for purpose other than fire protection or surface preparation prior to painting with high pressure equipment. Must be performed by a professional power washing service utilizing high efficiency equipment and a vacuum recovery system where possible. 12 • Prohibit the draining, filling, or refilling of swimming pools, wading pools and Jacuzzi type pools. Existing private and public pools may add water to maintain pool levels; however they may not be refilled using automatic fill valves. Exceptions: - Watering with handheld hose, soaker hose or drip irrigation system may occur on any day at any time. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials.) - Foundations may be watered up to two hours on any day by handheld hose; or using a soaker hose or drip irrigation system placed within 24- inches of the foundation that does not produce a spray of water above the ground. - Professional sports fields (playing fields with a stadium only -- not surrounding landscaping) may be watered as needed to maintain league standards. CCU and Local Governments: • Continue or initiate any actions available under Stages 1 and 2. • Review conditions or problems that caused Stage 3. Take corrective action. • Implement viable alternative water supply strategies. • Increase frequency of media releases explaining emergency situation. • Reduce city and local government water use to maximum extent possible. • Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas, ornamental ponds and fountain construction. Pools already permitted and under construction may be completely filled with water. • Institute a mandated reduction in deliveries to all wholesale customers. Such a reduction will be distributed as required by Texas Water Code §11.033. ■ If the City of Fort Worth imposes a reduction in water available to the City of North Richland Hills, the City will then impose a reduction to the City of Watauga. • The City of Fort Worth or TRA will notify the City of North Richland Hills of actions being taken and require the City to implement the same stage and measures. Such action is in accordance with Section 2.5 of the Fort Worth Wholesale Water Contract. Per contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by the City of Fort Worth. ■ Advise City of Watauga of actions being taken by North Richland Hills and require enforcement of like procedures in the City of Watauga. The City Manager, or his/her designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non - essential water use (e.g., implement Stage 3 of the customer's drought contingency plan). is] ■ The City Manager, or his/her designees), will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 4.5 of the Plan. • The City Manager, or his /her designees), will provide a weekly report to news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Commercial or Industrial: • All actions listed above for all water users apply to commercial and industrial users. • Hotels, restaurants, and bars required to serve drinking water to patrons on an "on demand" basis. • Hotels are required to implement laundry conservation measures by encouraging patrons to reuse their linens and towels. • Stock at commercial plant nursery may be watered only with a hand -held hose, hand -held watering can or drip irrigation system. • Commercial and industrial water users required to reduce water use by a set percentage as determined by the Public Works Department. • Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires approval by the Public Works Department. Fire hydrant use may be limited to only designated hydrants. 4.5 PRO RATA WATER ALLOCATION In the event that the triggering criteria specified in Section 4.4 of the Plan for Stage 3 "Emergency Water Use" have been met, the City Manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section §11.039. This provision will be included in every wholesale water contract entered into or renewed after adoption of the Plan, including contract extensions. 4.6 PROCEDURES FOR ENFORCING MANDATORY WATER USE MEASURES Mandatory water use restrictions may be imposed in Stages 1, 2, and 3. These mandatory water use restrictions will be enforced by warnings and penalties as follows: • On the first violation, customers will be given a written warning that they have violated the mandatory water use restriction. ■ On the second and subsequent violations, citations may be issued to customers with minimum and maximum fines established by ordinance. • After three violations have occurred, the City may cut off water service to the customer. Appendix B contains a copy of the City of North Richland Hills' ordinance adopting this Plan and the enforcement actions and penalties. 14 4.7 ALTERNATIVE WATER SOURCES In the event that the City would have to consider alternative water sources. The City would utilize five groundwater wells located within the City. The wells have the ability to produce 1.28 MGD at the well sites. Production from the groundwater well sites would not meet the demands for the City on a daily basis. Therefore alternative water sources would need to be obtained. These alternative water sources could include the following: ■ Purchasing potable water from neighboring cities. Currently the City has connections with the cities of Colleyvilie and Watauga for emergency use. • Purchasing potable water from vendor sources that deliver water from their distribution centers or facilities. 4.8 VARIANCE PROVISIONS The City Manager or his/her official designee may, in writing, grant temporary variance for existing water uses otherwise prohibited under the EWMP if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: • Failure to grant such a variance would cause emergency condition adversely affecting health, sanitation, or fire safety for the public or the person requesting the variance. • Compliance with the Plan cannot be accomplished due to technical or other limitations. • Alternative methods that achieve the same level of reduction in water use can be implemented. Persons requesting an exemption from the provisions of this ordinance shall file a petition for variance with the City of North Richland Hills within five days after the EWMP for a particular drought response stage that has been invoked. All petitions for variances shall be reviewed by the City Manager or his/her official designee and shall include the following: • Name and address of the petitioner(s). • Purpose of water use. • Specific provisions from which relief is requested. • Detailed statement of the adverse effect of the provision from which relief is requested. • Description of the relief requested. • Period of time for which the variance is sought. • Alternative measures that will be taken to reduce water use. • Other pertinent information. 15 e Detailed schedule of reduction that shows a reduction in use over the 30 day period for new lawns and landscapes. Schedule should be designed so that at the end of the 30- day period, lawn and landscaped areas can adhere to the twice per week schedule defined in Stage 1. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City Manager or his/her official designee. • Variances granted shall include a timetable for compliance. • Variances granted shall expire when the EWMP is no longer in effect 4.9 REVIEW AND UPDATE OF DROUGHT CONTINGENCY PLAN As required by TCEQ rules, the City of North Richland Hills will review this drought contingency plan as required by the state, TCEQ, or per wholesale contracts and at least every five years from adoption of the Plan. The Plan will be updated as appropriate, based on new or updated information. 16 APPENDIX A LETTER TO WHOLESALE CUSTOMER 17 CITY OF NORTII RICHLANU HILLS May 16, 2014 City of Watauga Greg Vick, City Manager 7105 Whitley Rd. Watauga, TX 76148 Public Works ! Utilities RE: Watauga Drought Contingency /Emergency Water Management Plan Dear Mr. Vick: Please find accompanying this letter, the City of North Richland Hills' Draught Contingency and Emergency Water Management Plan that has been updated. As you are aware, the Texas Commission on Environmental Quality (TCEQ) is requiring all municipalities over 3,300 in population to submit these documents. As the City of North Richland Hills' wholesale customer, the City of Watauga is required to implement a plan consistent with that developed by the City of North Richland Hills. Please feel free to contact me at 817 -427 --6464 if you need any additional information regarding this matter. Sincerely, C;J rnmy ates Public Works Operations Manager Enclosure JClsh1pw12014 -014u P.O. Box 820609 A- North Richland Hills, Texas * 76182 -6609 7?nn nir lr Fichr r F)r C * (R171 477 -Fd40 n Fax (S17] 477 -F444 APPENDIX B LETTERS TO: THE CITY OF FORT WORTH TRINITY RIVER AUTHORITY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY THE TEXAS WATER DEVELOPMENT BOARD 19 NRH CI'T'Y OF NORTH RICHLAND HILLS S May 16, 2014 City of Fort Worth Frank Crumb, P.E. 1000 Throckmorton Fort Worth, TX 76102 RE: Drought Contingency /Emergency Water Management Plan Dear Mr. Crumb: aublic VVorks J Utilities Please find enclosed the City of North Richland Hills' Drought Contingency and Emergency Water Management Plan that has been updated. As you are aware, this plan is required by TCEQ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively. In addition, as a wholesale customer of the City of Fort Worth, we have reviewed the City of Fort Worth's plan and feel our plan consistently reflects the goals and needs of the City of Fort Worth's plan. Please feel free to contact me at 817 - 427 -6464 if you need any additional information regarding this matter. Respectfully, Jimmy Ca es Public Works Operations Manager Enclosure JCIsh /pwl2Q14 -[115u P.O. Sox 820609 k North Richland Hills, Texas t 76182-0609 79nO nirlr Fichnr F)r S k (R171 49 7-r)440 k Fa;r !£3171 477 -6444 CITY OF NORTH RICHLAND HILLS May 16, 2014 Trinity River Authority Patricia Cleveland, Operations Manager P.O. Box 246 Arlington, TX 76004 -0246 RE: Drought Contingency /Emergency Water Management Plan Dear Ms. Cleveland: Public. Works 1 UNities Please find enclosed the City of North Richland Hills' Drought Contingency and Emergency Water Management Plan that has been updated. As you are aware, this plan is required by TCEQ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively, In addition, as a wholesale customer of the Trinity River Authority, we have reviewed the Trinity River Authority's plan and feel our plan consistently reflects the goals and needs of the Trinity River Authority's plan. Please feel free to contact me at 817 - 427 -6464 if you need any additional information regarding this matter. Respectfully, jimmy Lates Public Works Operations Manager Enclosure JClsh1pwl2014 -016u P.C. Box 820609 * North Richland Hills, Texas * 76182 -0609 7,)nr] niria Fichor F) r C * (R17) A.77_R440 -k Fay IA 17) 497 -F444 CITY OF NO TF1 RICHLAND H.ILL.S May 15, 2014 Texas Commission on Environmental Quality Kristin Wang, MC 150 P.O. Box 13087 Austin, TX 78711 -3087 RE- Drought Contingency /Emergency Water Management Plan Dear Ms. Wang: Public Works / Utilities Please find enclosed the City of North Richland Hills' Drought Contingency and Emergency Water Management Plan that has been updated. As you are aware, this plan is required by TCEQ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively. In addition, as a wholesale customer of both the City of Fort Worth and the Trinity River Authority, we have reviewed each entities plan and feel our plan consistently reflects the goals and needs of their plans. Please feel free to contact me at 817 - 427 -6464 if you need any additional information regarding this matter. Respectfully, Jimmy Cate Public Works Operations Manager Enclosure JClshlpwf201 4 -017u P. 0. Box 824609 k North Richland Hills. Texas * 76182 -0609 77nn MPL, r iQhPr i)r C -r (A17) d77 -F;, dAn * Fav (R17) /t77..Rr 44 hh. I Fml� CITY OF NOR TIT I RICHLAND HII.:T.5 May 16, 2014 Texas Water Development Beard Ethan Ham P.O. Box 13231 Austin, TX 78711 RE: Drought Contingency /Emergency Water Management Plan Public Marks i Utilities Please find enclosed the City of Notch Richland Hills' Water Drought Contingency and Emergency Water Plan that has been updated. As you are aware, this plan is required by TCEQ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.24 and Rule 288.22, respectively, Please feel free to contact me at 817 - 427 -6464 if you require any additional information regarding this matter. Respectfully, ,fmmy Cates Public Works Operations Manager Enclosure JCJshlpwl2014 -018u P.O. Box 820699 � North Richland Hills, Texas * 76182 -0609 7'7no fl.. -Ir C; o-, n- Ilr C -k 1R^I71 A")7 -PAAr) 4, Fnv (R^71 e?)7_r;d.dd APPENDIX C CITY ORDINANCE 24 ORDINANCE NO. 3132 AN ORDINANCE AMENDING SECTION 78 -63 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REVISING THE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN; ESTABLISHING THE AUTHORITY FOR THE CITY MANAGER TO EXECUTE THE ELEMENTS OF THE PLAN; AUTHORIZING THE FILING OF THE PLAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; ESTABLISHING PENALTIES, PROVIDING FOR PUBLICATION, FOR SEVERABILITYAND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulations of the Texas Commission on Environmental Quality (the "Commission ") require that the City revise its currently adopted Drought Contingency and Emergency Water Management Plan; and, WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the City is authorized to adopt such ordinances necessary to preserve and conserve its water resources; and, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Sec. 78 -63 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: Sec. 78 -63. Drought Contingency and emergency water management plan. (a) Plan adopted. The city council hereby approves and adopts the drought contingency and emergency management plan (the "plan ") attached hereto as Attachment A, as if recited verbatim herein. The city commits to implement the requirements and procedures set forth in the adopted plan. (b) Procedure, rules and regulations. The city manager or his/her designee shall have the authority to enact and promulgate rules and regulations of the plan as necessary to protect the health and safety of the general public. (c) Penalty for violations. Any customer, as defined by Rule 288.2, Title 36, Chapter 288 Subchapter E, Texas Administrative Code, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor involving health and safety and shall be subject to a fine not exceeding Two Thousand Dollars ($2,060,66) and/or discontinuance of water service by the City. Each day a customer fails to comply with the Plan is a separate violation. The City may also seek injunctive or other civil relief for actual or threatened violations. Ordinance No, 3192 Page 1 of 2 (d) Variances, The city manager or his/her designee shall have the authority to grant temporary variances for water uses otherwise prohibited under the plan if it is determined that the failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation or fire protection for the public or the person requesting the variance." Section 2: Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 3: The City Secretary is hereby authorized and directed to cause the Publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage, Section 5: The City Manager or his /her designee is hereby directed to file a copy of the plan and Ordinance with the Commission in accordance with Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code. PAS SE 1. " ' M4PPRGVED on this the 25th day of June, 2012, �... ..... 1/2/1 CITY 9RTH IC LA ff By: Oscar Trevino, Mayor OT.,;OT ........... � t Patricia Hutson, City Secretary APPROVED ,A,S TO FjORM AND LEGALITY: George `A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director Ordinance No. 3192 Page 2 of 2 1,1a7A0, 1QPTA EMERGENCY WATER MANAGEMENT PLAN IMPLEMENTATION WA APPENDIX ❑ Emergency Water Management Plan Implementation I. Authority It is the intent of this Plan to outline when and how to implement a water rationing plan. A. Ordinance No. 3046 establishes the authority for the City Manager or his/her official designee to execute the elements of the Emergency Water Management Plan, which includes "Water Rationing." B. The City Manager as the Water Rationing Coordinator will implement the water rationing measures necessary to protect the health and safety of the citizens and achieve the elements of the Emergency Water Management Plan. II. INITIATION OF RATIONING Any of the following entities can force implementation of a water rationing plan on the North Richland Hills customers: IAM F g ,. - •. • R ItTiTFfiIa7i ] i[ �Ilf �:� ► ►V The Tarrant Regional Water District is the wholesale raw water supplier for the City of Fort Worth (FW) and the Trinity River Authority (TRA). The raw water pump stations and pipelines may develop problems which could limit raw water supply to FW or TRA. If the TRWD imposes a rationing plan on its wholesale customers, it is the intent of the City to impose an equal or more restrictive plan. B. Citv of Fort Worth By wholesale contract, the City of North Richland Hills is required to follow whatever rationing plan the City of Fort Worth imposes on itself. C. Trinity River Authority (TRA)-. By wholesale contract with the City of Fort Worth, TRA and its wholesale customer's are required to at a minimum follow whatever rationing plan the City of Fort Worth imposes on Itself. Also, TRA's delivery system could have problems, which would limit their ability to deliver treated water. If TRA requests a rationing plan be implemented by all its wholesale customers, it is the intent of the City to impose the requested rationing plan or one more restrictive. D. Citv of North Richland Hills: If the water distribution system for the City develops problems which limit the ability for it to safely provide adequate treated wafer to its customers, the City Manager may initiate an appropriate water rationing plan. In the absence of the NN City Manager, the designated acting City Manager will also be the acting Water Rationing Coordinator. The following list shows the normal succession of the Water Rationing Coordinator's position in case of absences. 1. City Manager or Acting City Manager 2. Managing Director of Development Services 3. Public Works Operations Manager 4. Public Works Utility Superintendent Ill. DETERMINATION OF RATIONING METHOD TO BE IMPLEMENTED A. Initial Water Rationing (WR) Team Meeting: Once a water rationing notification from TRWD, Fort Worth, or TRA is received by the Mayor or any member of the City staff, a copy of the notification will be given directly to the City Manager or the acting Water Rationing Coordinator. The Water Rationing Coordinator (WRC) will as soon as possible call a Water Rationing (WR) Team Meeting. 1. Meeting Place - Administrative Conference Room at City Hall unless designated otherwise in meeting notification. 2. WR Team Members to be notified- - City Manager - Managing Director of Development Services - Neighborhood Service Director - Public Works Operations Manager - Public Works Utility Superintendent - Utility Service Manager - Public Information Officer - Assistant to City Manager IV. NOTIFICATION OF INITIATION OF RATIONING A. City Staff Notifying City employees is the Public Information Officer's responsibility. 1. Computer Network System: All City employees, along with the Mayor and Council, connected to the City's computer network will be notified via electronic mail (e -mail) of the water rationing plan to be implemented. The notification should explain pill clearly what has caused the rationing, what is the plan to be implemented, when will it start, how long will it be in effect (i.e., until further notice), what is the employee's responsibility, and where to call with a complaint or question. 2. Facsimile (Fax) Machine: All City employees located in buildings without access to the computer network e -mail system will be notified by postings with content identical to the e -mail message. B. Customers 1. News Release: The Public Information Officer with assistance from the Public Works Department will draft the news release. The release will contain the same basic information as the employee's message except there should be some explanation of what the City will be doing with respect to water use by municipal facilities (i.e. parks, golf course, and NRH20) and fining violators. The news release will be distributed to local newspapers, radio and TV stations by the Public Information Officer. 2. Citicabie TV Release: Public Works will notify the Public Information Officer of the water rationing plan to be implemented. The Public Information Officer and the Citicable TV Coordinator will script an "Alert Message" to put on the TV screen via ticker tape method during regular programming and as a full screen message in absence of programming. 3. Outdoor Signs: Outdoor signs will be utilized to notify the City's customers and will be in accordance with the following requirements. • Size: 18" x 24" rectangle • Material: corrugated plastic with black metal posts • Color: yellow with black lettering • Content: depends on rationing methods • Placement: - The Operations Manager will have the Utility Superintendent distribute and place the signs as well as remove them. Maps showing proposed locations for signs will determine placement. 30 4. Birdville Independent School District (BISD) and Tarrant County College (TCC) Marquees: The Public Information Officer will coordinate with BISD and TCC as to any broadcast of the water rationing plan an their marquees. This coordination will be subsequent to the news release. 5. Voice Message Machine: The Utility Service Manager will be responsible for recording a message on the Utility Service Department telephone line 817 - 427 -6200 for activation after working hours. The message will state the water rationing plan the City is currently under and will ask the caller to leave a message if they want a call back after 8:00 a.m. the next business day. If they have a violation to report, they will be told to call Police Dispatch at 817 -427- 7'191. Ail messages left will be handled by the Utility Service Manager's staff. 6. Leaflets: • Use of leaflets will be determined at initial WR Team Meeting. Public Works will coordinate with the Finance Department to have an appropriate amount of leaflets printed under an emergency purchase for mandatory rationing plans only. The leaflets will be utilized by employees to hand out to customers who come into municipal offices or who are found to be violating the rationing plan at their homes due to having no knowledge of its existence. The leaflets will be disbursed to other City departments by Public Works staff. The leaflet color will be different for each rationing plan. • Mandatory No Outdoor Watering Plan — White background with red lettering. • Mandatory Six Day Cycle Outdoor Watering Plan — Yellow background with black lettering. C. Citv Of Watauga North Richland Hills' Public Works Department will be responsible for formally contacting the City of Watauga. This will be done by electronic mail or fax. The email or a fax will be directed to the City Manager, Public Works Director, and Police Dispatch. It will contain all the same information as the North Richland Hills City employee's notification. The receipt of the email or fax by Watauga's Police Dispatch will be confirmed by phone call. North Richland Hills will confirm with Watauga's City Manager their intent to implement the same water rationing plan as North Richland Hiils. Their name will then be added to our notifications and they will be asked to make and distribute the same type of signs in their City at their expense. 31 V. NOTIFICATION OF END OF RATIONING The notification to all employees, customers, and the City of Watauga concerning the end of the water rationing plan will be in the same manner as notification of the Plan being put into effect. The exception to this will be the water rationing signs will be removed to indicate the end of the rationing plan. 32 APPENDIX E KEY CITY OFFICIALS CONTACT NUMBERS 33 APPENDIX E Key City Officials' Contact Numbers CITY OF NORTH RICHLAND HILLS NAME/TITLE Mark Hindman, City Manager Mike Curtis, Managing Director of Development Services Jimmy Cates, Public Works Operations Manager Alan Knapp, Public Works Utility Superintendent Mary Peters, Public Information Officer CITY OF WATAUGA CONTACT NUMBER 817- 427 -5007 817- 427 -5401 817- 427 -6454 817 -427 -6452 817- 427 -6005 NAMEITITLE 1 CONTACT NUMBER Greg Vick, City Manager 817 - 514 -5800 Keith Miertschin, Director of Public Works 817- 514 -5837 Brandon Dupree, Public Works Utility Superintendent 817- 514 -5851 Im APPENDIX F WATER SAVING METHODS 35 APPFNniX F Water Saving Methods that can be practiced by the individual water user In -home water use accounts for an average of 65 percent of total residential use, while the remaining 35 percent is used for exterior residential purposes such as lawn watering and car washing. Average residential in -home water use data indicates that about 40 percent is used for toilet flushing, 35 percent for bathing, 11 percent for kitchen uses, and 14 percent for clothes washing. Water saving methods that can be practiced by the individual water user are listed below. IWW ION iI ► ■ 1a ip Take a shower instead of filling the tub and taking a bath. Showers usually use less water than tub baths. ■ Install a low -flow shower head which restricts the quantity of flow at 60 psi to no more than 3.0 gallons per minute. • Take short showers and install a cutoff valve or turn the water off while soaping and back on again only to rinse. • Do not use hot water when cold will washing hands with soap and water hands are especially dirty. do. Water and energy can be saved by Hot water should only be added when • Reduce the level of the water being used in a bathtub by one or two inches if a shower is not available. • Turn water off when brushing teeth until it is time to rinse. • Do not let the water run when washing hands. Instead, hands should be wet, and water should be turned off while soaping and scrubbing and turned on again to rinse. A out off valve may also be installed on the faucet. ■ Shampoo hair in the shower. Shampooing in the shower takes only a little more than is used to shampoo hair during a bath and much less than shampooing and bathing separately. • Hold hot water in the basin when shaving instead of letting the faucet continue to run. ■ Test toilets for leaks. To test for a leak, a few drops of food coloring can be added to the water in the toilet tank. The toilet should not be flushed. The customer can then watch to see if the coloring appears in the toilet bowl within a few minutes. If coloring does appear, the fixture needs adjustment or repair. • Use a toilet tank displacement device. A one - gallon plastic milk bottle can be filled with stones or with water, recapped, and placed in the toilet tank. This will reduce the amount of water in the tank but still provide enough for flushing. Bricks, which some people use for this purpose are not recommended since they crumble eventually and could damage the working mechanism, necessitating a QQ • call to the plumber. Displacement devices should never be used with new low - volume flush toilets. • Install faucet aerators to reduce water consumption. • Never use the toilet to dispose of cleansing tissues, cigarette butts, or other trash. This can waste a great deal of water and also places an unnecessary load on the sewage treatment plant or septic tank. • Install a new low- volume flush toilet that uses 3.5 gallons or less per flush when building a new home or remodeling a bathroom. B. Kitchen + Use a pan of water for rinsing when washing dishes by hand rather than running the faucet. • Never run the dishwasher without a full load. • Use the sink disposal sparingly, and never use it for just a few scraps. • Keep a container of drinking water in the refrigerator. Running water from the tap until it is cool is wasteful. Better still; both water and energy can be saved by keeping cold water in a picnic jug on a kitchen counter to avoid opening the refrigerator door frequently. • Use a small pan of cold water when cleaning vegetables rather than Ietting the faucet run. • Use only a little water in the pot and put a lid on it for cooking most food. Not only does this method save water, but food is more nutritious since vitamins and minerals are not poured down the drain with the extra cooking water. • Always keep water conservation in mind and think of other ways to save in the kitchen. C. Laundry • Wash only a full load when using an automatic washing machine (32 to 59 gallons are required per load). • Use the lowest water level setting on the washing machine for light loads whenever possible. • Use cold water as often as possible to save energy and to conserve the hot water for uses which cold water cannot serve (This is also better for clothing made of today's synthetic fabrics). D. Appliances/Water Fixtures • Check wafer requirements of various models and brands when considering purchasing any new appliance that uses water. Some use less water than others. 37 • Check all water line connections and faucets for leaks. If the cost of water is $1.00 per 1,000 gallons, one could be paying a large bill for water that simply goes down the drain because of leakage. A slow drip can waste as much as 70 gallons of water EACH DAY or 2,100 gallons per month, and can add as much as $5.00 per month to the water bill. • Learn to replace faucet washers so that drips can be corrected promptly. It is easy to do, cost is very little, and can represent a substantial amount saved in plumbing and water bills. • Check for water leakage that the customer may be entirely unaware of, such as a leak between the water meter and the house. To check, all indoor and outdoor faucets should be turned off and the water meter should be checked. If it continues to run or turn, a leak probably exists and needs to be located. • Be sure the hot water heater thermostat is not set too high. Extremely hot settings waste water and energy because the water often has to be cooled with cold water before it can be used. • Use a moisture meter to determine when house plants need water. More plants die from over watering than from being on the dry side. E. Outdoor Use • Water lawns early in the morning during the hotter summer months. Much of the water used on the lawn can simply evaporate between the sprinkler and the grass. • Use a sprinkler that produces large drops of water rather than a fine mist to avoid evaporation. • Turn soaker hoses so the holes are on the bottom to avoid evaporation. • Water slowly for better absorption and never water in high winds. • Forget about watering the streets or walks or driveways. They will never grow. • Condition the soil with compost before planting grass for flower beds so that the water will soak in rather than run off. • Fertilize lawns at least twice a year for root stimulation. Grass with a good root system makes better use of less water. • Learn to know when grass needs watering. If it has turned a dull grey -green or it foot prints remain visible, it is time to water. • ❑o not water too frequently. Too much water can overload the soil so that air cannot get to the roots and can encourage plant diseases. • ❑o not over - water. Soil can absorb only so much moisture and the rest simply runs off. A timer will help, and either a kitchen timer or an alarm clock will do, An inch of water applied once a week will keep most Texas grasses alive and healthy. 01-03 • Operate automatic sprinkler systems only when the demand on the City's water supply is lowest. Set the system to operate between four and six a.m. • ❑o not scalp lawns when mowing during hot weather. Taller grass holds moisture better. Rather, grass should be cut fairly often, so that only 1/2 to 3/A inches is trimmed off. A better looking lawn will result. • Use a watering can or hand water with the hose in small areas of the lawn that need more frequent watering (those near walks or driveways or in especially hot, sunny spots). • Learn what types of grass, shrubbery, and plants do best in the area and in which parts of the lawn, and then plant accordingly. If one has a heavily shaded yard, no amount of water will make roses bloom. In especially dry sections of the state, attractive arrangements of plants that are adapted to arid or semi -arid climates should be chosen. • Consider decorating areas of the lawn with rocks, gravel, wood chips or other materials now available that require no water at all. • Do not "sweep" walks and driveways with a hose. Use a broom or rake instead. • Use a bucket of soapy water and use the hose only for rinsing when washing a ca r. = J APPENDIX G MATRIX OF ACTIONS BY CUSTOMER TYPE AND STAGE :1111 WO ■ L_ ❑ c..s Q cl) S� ❑ U O C p CD sz Q] � N p m H U] ui � � = O M T- L � 0 cn O] D O *Z Z i Q D L a i 4 a Z Q a) a a x U /Q__ LJ L � a ❑ Q � � x �- L S`v (D L nL ' G � Q 7 a Qf �I 0 d r T U C w LU N Lf5 Q7 �1 t6 rE c c� csS Vf U C� a� 6] ❑ � Q1 0 a) U Cl, ❑ C1_ r 2 d ❑ ❑ ❑ 0 - ❑] N U ❑ ITS C � py Q N r Q ❑ o s-- m N rr�n V/ E c6 U] Q] p7 U7 (!7 m N E c� Ui I�I^ Ll cu t+} 0� ............ o [j - -- -- -- ........................ . ...... ..... co Qy < N co _ w 6❑ r 4= ❑ C Yj N _ N❑ w w W N [0 N p_ C O 07 ❑ 0 M JD (D [0 it �' 67 .❑ N L `�-. 0 d (L] C �- �i ...- _..... . .. ........... ca T fl n ui o Q ❑ Q N uD `o o a c cv �--o N o v o p ❑ v-. U ID I O N t �� m N ❑7 E j L v m iiy N Q1 y i]7 • r ❑ ❑ ❑ ❑ t❑?7 Q. [❑0 CO ❑ }3 C L C C Y Y .-C Q •- ❑ cu ❑ ❑ _ ❑ Cl C 'C 2 42 x w N o �»�� n v ❑ aim [v ¢i o = ° -0 o �' � � N -p CA 0] ° `� ar f0 P C6 V m ❑ N ❑ ❑ 0) 61 a7 6Y 7 ❑] C Q7 C C O .Q ❑ ❑ L U Y 6] Tu L5] , U] Q ❑ •C [0 ❑1 N C6 U U N -� Li-R 0 -6 0 Y w ❑ m m� �,E If -L7 U N a E N oC O�N m N 3� m-X m O [� N. v Q 0-1 .� m cif .� w o E o c� ° 3 o Q CY 0� o [j Z_ o U Cf]. C C Qy < N O d1 ] CC d1 6] N ill C6 N 3 } D �i ...- _..... . .. ........... N C N Y saasn joiem iiv V 0 Q CV a 1 � � s m 2 v a W o L � r O Q1 [Sf � ar CI} a m N Q m No °�� Q � --Ca ��E NCB ❑]:C fR N 3 'b C'E.E cC [6 cr IU 0 m (a -❑ M 0 C O N b- 6 Sit C c 61 N N C O N N W N C a3 C [5f N ❑ N 'b w -� N ❑ N IO . '❑ (� X 3 rn 'C1 :«� ❑ N Q) C "O O 'C r C N C O N CL y y U) O L O O U C y N 7-. - Ica ED E ti-- ❑ L 'X Y N G ❑❑ b W C fit Q) rn N N p) ❑ _C Co W Vi R C a7 fl Q] O CL ui Ui « N co E Q1 m ❑ m m o �� �o E c _3 c a) co N C-� rn c iu tin y ro CL t� W C p N t? % U N N a w o) E N cz -0 Nt� E ❑ N [� d Gl N U] LL. @ a) Q m N • • • • • • L C Q] C N N C L '❑ C a] 7+ L N '� N T L] N ❑_ O "" � L a3 N 73 O M (D Z O L L! Q b❑ Q �(D m« N F (a O �, G m = 7. N N U 4"' 0 L0) N CL C 3 C N Q7 N❑ """ p 0 m N Q) ❑ 0 cs�mai �. [am E c mE'4 -'6-❑ m -000 x c'❑ - .0 -oj 0 rnE G m o E"r m (D o CO E c 0 as m N c 0) CL w N > L ui fa c E x `p U m C CO (U r7 [4 0'- N N C y C❑ CV C (� N Q) U N 'C 0 i- `p 1CI N "❑ C m s w `7 N C O 'n C p' L N ,a) N Q3 m N rfl m L V1 A E - ❑ E m 3 C •'. « 1 L C N C N N ST ❑ —co N^ N 13 (T4 CL i '� O C 3 0 O O cu 0� Q1 N C N n '❑ O N U fG c 'a •` Q) D tZ O❑ 'rJ 7 cn c,E ru N v aca -aN ca a m � �+� ��� m c �'�-0 LL C 10 ❑_�:. CL .2 rte-+ amj m N'b flu j, C�� 'C •7 c Vb1� 6 cC O (D Qc [La U -0 a] 010 CI 3 a3 N m [a r 'r!7 N- [c4 b� � w O Q1 O -'3 i (a p] tG b c '- c. v >, y y Q1 N b W m C ,�.. N ❑S N +-' 00 C 7 'p C L m X E m "ra N �- � [a � Q1 t N C N .c N ❑ L7. N N = Q� [3 Q) N C7 c N -O N d o.L m y. a)3 E 5 Ex 3.r fn m 0� '.- c Q L CL C] T C 7 c 7-C ❑ m b cu M m❑ (D - M ❑ [G m C Q1 g Cl N r J 3r to m Q) ❑ d' C (- Q U CL � J L L E N Z LL -C c «C- N Q) C o t C - Q C, O [ -a� L 0- Z6 o� N i N C a❑b� °- C U a) ❑ N +L. N X Q] LLsa�� (panui}uao) saasn aairvm uv Q� N E 0 U) U c 0 a 0 i IN c m 21 a) LL) r C) cq @ @ C�] cc CNC C U) i C f1i r m � Cl) 0 N N N L + w-O 00 L N U N _ 16 (7 0 0 N 0)-D � N Q .• Q N C ❑ a) N ❑T @ _�o_@ W Y O [G NN ° N @ @ « @ ` Ql N N Q 0 � N p Y3 @ 3: C m N m O N 8) W -O C E 5.5; [] E N � Vj y N 6 CO p N N� N L5 ❑❑ Y CG C❑ w N Z5 ❑ 8 N 3 E 3 0 @ 3 N 3 U) 3 a 3- a ��° ID 00 c :3 80 oU N ❑ W ��� H(ponuiiuoo) saasn as em iiv IN 7 G] Q N U N 0 V Q Q c� i p Q] 7.,C C31w O tri ❑ r-. C N -� L Z31 0)-D, b D C, ❑ -p — N — p a1 c CP1 m m ❑ U N N E❑ L C N 7- >,.S? l 1 N E — � 1}] 2) i k C Uc� U d1 N o0 Tn -❑ C CIS L ❑_ G.' a) L y C.77 N CO co L (D L ❑ CZ tZ 0¢ c N C 0 � C6 Co C6 •` N .-. D L SZ Qf 'ClS a c CQ 7 L �7! Ql ❑ G N o 7 ° ❑ O m co r Cp v s C Q% W E N s� M ❑ N Q _ � C] p— N N a) � 't3 _U SG E U ❑O L U 00 `❑ �- w [ ce) "p N — i5 ILA ❑ U N a7 s= _ �LZ w 7 n 'O ❑ 27 Cff fl 01 Y c O tll c c❑ 3 E �� 0 c° 0 as cam. N O N a) N ca ❑ —M N o •� i6 A: Ea. Q c � U w a -0 (A -0 M—< CL CO; L 3 f . . — ai E c ❑ « m C'fl 0 2 'S6 C V! Q E N 'E 3 C @ N 7 0 d 41 U N `p b O 7 0— 0 N d ❑ ❑ s` CD —.0 C� V ❑ -0 @ N C E E E O o 'E N — U) .c fU M C [G L .0 -� N � •— U !9 c N c ❑ m C rL.0 NwL h N N � C6 C N LP p ? ((f 7 N @ E N Cp N 7. a- to m 0❑� a N o 0 m 3 a) a> ar0�! r [❑4 7 p u-o 10 E m L L 0 L 0 E N co ❑ L m U 7� N N C] °� E �aNiEE❑'c mcoUCCC° 7 c O f6 U Q a3 �_ 0- x m p�.m C 'O C❑6 - O E N L O❑ ❑ p E 4 p c4 )❑ N +- y2Z' 0 0.0 jo D CD Y _ p M, 0 L a m E 7 0 D � � 0 3 w. E ❑ 0 C� (D U3 � � ❑- 0 0 ° ° rn 0 g, 0) Co � a3 . p Q`� N C CIS N C a] a7 ,F .o �� av 0 � a Ew E :c � T `a � E cs _ c ca B � C Q C T N W Z 5 E 7 = N L 0] al N > r U N [6 w [p 23 6 p N Q - c C31 c o N 0 0 U CD (7 N E E y o U '§ � 3: a m (panuiluoo) siasn aawm iiv ►Y 8 g � /0 0 3± o Elm X / / \E/ Q—... 0 y @ g \ \ as n jolem I v \ ��} /\o / o w Ef \ \ ~ / \ \E o f £§E\ e m 5 Q o q a l o e n 3 e e 52�/ E ® =a —zc E 2 .e = c = n k b \ �/ 6L Ea\ // y 0 / 0) m e eZffm=. ^ ®0/ � �\E /\ / U e\&5 S J o y / /$ � , . � �... .0 v Q 0 f x / � @ G L /LO r � / .g e 9 2 / ) § ¥ P R c o z z 8 g � 0 3± o Elm X / / 6/i Q—... 0 . .�... (pa n ui}u oa) @ g \ \ as n jolem I v IN M m ' o ❑ yr s? o m❑ OR a ro ns G ❑ � � p ❑ C. E U N ❑ a7 ra Q N (6 p � �j N � � ❑ c� N C� ❑ L V � Q7 � E = V m ❑ r a) � C C � 27 43 Q V X N d7 D � V @ a] 'EL' tl] V a C LC{ N N ❑ ❑ V Ca. c T C Q (q o N to N a c- C i7 Co @ O 47 V a m -V 7 7, a7 N �. r �' SLS Cij � V LS] 2 ° N @ D O U 'Cf Q' O= [0 L N V C N V @ a3 U a '� 3F rte+ C1 ❑ iii Q [6 0 co CSS co @ a) 3 4~ C1 ❑ Q CSI C2 C6 N N V @ N -C 7 Q) a] 6 .� [� Y ❑ tl] G D CNV E Q1 �. � � p. a) T [f7 a� m 73 .� .� CD W � SET OL moony C6 .� O E [?} 0. � E ,�' ❑3 ff1 +�+ @ L N CIS � y N L6 .p Lam] ❑ 'N 47 CO 07 U 7 � Q C2 E � C Q � � U p @ ❑ G U � Ctl � � •� 7 � @ @ ❑ Ci V iII C -a C/} [47 '—'-' Ste.-. U [SS CS V Q .T @ 3 Q M m W -Z s o ❑ yr C] N � C b � ❑ � � p ❑ E U N ❑ N Y (D U C [6 M V S C` N N !7 N ❑ p L3 C:S C [u LC{ N N ❑ ❑ V Ca. c T C Q (q o to N a c- C cq P a V p- U N ,� A7 �'' m CR ❑ 0 d 7 7, a7 N N Q Ts M 3F rte+ .� Q [6 V [IJ a] CA Q [i3 N V E a, N Q) it U i6 •C V � C •� O �. � � p. .'�.. .� .� ........ .. .. -._ -.. O N ❑ a] LU m N 6.� N R3 E U yam+ R V P r1] @ C D 7, V D �r V E CZ❑ Q.(D a1' o E rn ca o eaci I N �. � � c•n•v a1❑� a ❑._�nr � � •— iD t!s a m @ -c � m ❑ � [i7 ❑ U) Q 7 +� ❑ E V 7 "❑ Q_ L a] fl3 `❑ 4 V a] ❑ a C CL 47 O V 2 ct3 w a R E v n • rte+ rO 0. ++ N U 0) o i�¢U _ d Q af—..._ sp ;uawuaanvE) IL130-1 pUB Al!o M ^C 4 fV; V a N O U 4- L� 2 F, u N C N CL d) L a, 7 a al -O O L) L . 'O �o C 2) E N Q 7 ❑ i 7 O CD V a] C O] m D r r r ry (�1 U C N 0 3 y N N a1 M O7 Q7 E N N E y � � U (5S c [SS 65 [C E ay L m CIS w U] U] Ln ` U) N 3 N CY1 °1 a d m m m m nz C M co a] 0 6] a] 0 Y W co a) u a) m map co m u] w v] m [n m 0 o - U) E C w t � N a1 N � y ol a) N L Q ❑ E C a] L ❑ c 7' C) QC C r r x^ N N r Q N N ell CD 61 N G1 N a) a ca �+ m ca ♦�0 3 a 'Sn w N 16 C N of � ay s m �? L a N (6 vi !9 N (a Q •' � fA N SC .r-• W AS a? E N E N E `C c _ [a al _ ❑ U- N U] (n fI1 (1 131 co j C N O N C LQ w i cu ID C ca C 3 F 4 R❑ m 0] U L 7 C m ♦U O O O 5 �+ (6 m •U a p S� a a1 3 W 03 O N N C E C U 0) .r N �. E u7 1 U : i .1C 0 0- W R E p .0 o � �"� N � N L c t►s LO] � m j C O Q C N O W N C of O 0 C ❑ L y p a C C ern ❑C q�aia� 3 ❑ m °' Q o N N m 3 eD Q L- cj nY z it rn • �y o a'C °' Y m 5 .0 2>1 ❑ v C O E (D m mma'a CL Uy G U] U) a> aY L ❑ ((4 ❑ p V E Y o maU Q� ma' a) .�+ C('v�- �`mmv��U0i m E a u w ix _D �co z° 3yw�� w u E� Q �a n a EO) {penui}uoo) quauuaanO �eOO pue €0 FT I D F, u @ c c � « c x � « m IM M E� \ �7 / \§ c ^ (D 10 o / ƒ2k 'S 2 & § 2 ( 0 k CO , t$±ff£2 Mk2e�2« ' 5 2-,E m /�EJ/ E - 2k - rk2 #> / � _0 �0a0 " © °\ 0 % f © ~ \ 22\23// 2 (D CL V)= 2 7 ƒ\o \E0 CV) 2 £ mom£ 7�2 �q /6r m °E§ U) E eEkE£2ee $ / E72$/5 0 = E E 2 0 °° Q 'D2 -, A § ®r &/� e f§» @m§ \o& k$ƒ © \ Q) 0.0 C m 7 22g ®§k U) o� o= ƒQa ƒo t y 2 2 % o �co a.g @e §n 22 2 f �/I ®%2 E30 ee� @ k Q #m= E_& £tea \ fIQ /Q\ L) 2 CD k k s esmelSnpu|pueJmoj ewwoo to 7= IM 2014 Water Conservation Plan IS D mml�ma cm7=0��� ■� Texas Commission on Environmental Quality Water Conservation Implementation Report TCEQ This report must be completed by entities that are required to submit a water conservation plan to the TCEQ in accordance with Title 39 Texas Administrative Code, Chapter 288. Please complete this report and submit it to the TCEQ. If you need assistance in completing this form, please contact the Resource Protection Team in the Water Supply Division at (512) 239 -4691. Name: City of North Richland Hills Address: 7200 A Dick Fisher Dr. South, North Richland Hills, TX 76180 Telephone Number: 817- 427 -6444 Form Completed By: Jimmy Cates Signature: )Fax: 817- 427 -6444 Title: Operations Manager ( -_ /, 11 � Date: May 19, 2014 I. WATER USES Indicate the type(s) of water uses (example: municipal, industrial, or agricultural). Municipal Use Industrial Use Use 1 1. WATER CONSERVATION MEASURES IMPLEMENTED Provide the water conservation measures and the dates the measures were implemented. Description of Water Conservation Measure: Updated City's water conservation plan to include new targets /goals for water conservation. Date Implemented June 2014 TCEQ-20158 (11 -5 -04) Page 1 of 4 Description of Water Conservation Measure: Prohibited outdoor watering of landscape and lawns with irriaation or sprinkler systems during the hours of 10 a. m. to 6 p.m. on a daily basis. Date Implemented: September 2008 Description of Water Conservation Measure: Implemented leak/detection/repair program. The program consists of methods and techniques to identify and repair hidden or unseen water leaks in the distribution system. Date Implemented: September 2008 Description of Water Conservation Measure: Implemented an educational program for school students called WaterWise. This program is designed to teach and educate elementary grade school students about the importance of water conservation. Date Implemented: September 2007 Description of Water Conservation Measure: City staff attends Tarrant Regional Water District Committee meetings and symposiums concerning water conservation methods. Date Implemented September 2007 TCEQ- 20159 (11.5.04) Page 2 of 4 Description of Water Conservation Measure: Adopted irrigation ordinances requiring rain and freeze sensors. Date Implemented: July 2007 Description of Water Conservation Measure: The city's website is updated quarterly to include information about water conservation and techniques. Date Implemented: October 2006 Description of Water Conservation Measure: City staff continues to provide educational presentations or educational material to customers concerning water conservation. Date Implemented: October 2006 Description of Water Conservation Measure: Meter replacement program. The City continues to replace water meters that are older than 10 years of age on annual basis. About 2,000 meters are replaced annually under this program. Date Implemented: August 2006 TCEO -20159 {11.5.04} Page 3 of 4 Description of Water- Conservation Measure: City replaces approximately 9,000 - 10,000 feet of deteriorated water main lines in the Citv. These are tvDically water main lines that have reoccurring water main breaks. Date Implemented: February 2005 I I I r-1 :Tel =1 & A. Provide the specific and quantified five and ten -year targets as listed in water conservation plan for previous planning period. 5 -Year Specific /Quantified Target: 176 CPCD Total Water Use Date to achieve target: 2014 10 -Year Specific /Quantified Target 166 CPCD Total Water Use Date to achieve target: 2019 B. State if these targets in the water conservation plan are being met. Yes. Data: 2013 Year = 175 GPCD Total Water Use C. list the actual amount of water saved. Between 2010 -2013 the GPCD has dropped by 11 %. D. If the targets are not being met, provide an explanation as to why, including any progress on the targets. If you have any questions on how to fill out this form or about the Water Conservation program, please contact us at 512/239 -4891. Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at 512- 239 -3282. TCEQ-20159 {71.5.04} Page 4 of 4 TABLE OF CONTENTS Section Description Page 1.0 Introduction and Objectives .......................................... .............................'I 2.6 Texas Commission on Environmental Quality Rules . ..............................1 3.0 Water Utility Profile .................................................... ..............................3 4.0 Specification of Water Conservation Goals ................. ..............................3 5.0 Metering, Water Use Records, Control of Unaccounted Water, and Leak Detection and Repair............ .............4 5.1 Accurate Metering of Targeted Water Deliveries .............................4 5.2 Metering of Customer and Public Uses and Meter Testing, Repair and Replacement ................. ............................... .............4 5.3 Record Management System ...... .................... ............................... 5 5.4 Determination and Control of Unaccounted Water ........................... 5 5.5 Leak Detection and Repair ................................ ..............................5 5.6 Monitoring of Effectiveness and Efficiency- Annual Water Conservation Report .. ..................................... ............................... 6 6.0 Continuing Public Education and Information Campaign ........................ 6 7.0 Water Rate Structure ............................................... ............................... 7 8.0 Other Water Conservation Measures ........................ ..............................7 8.1 Reservoir System Operation Plan ..................... ..............................7 8.2 Reuse and Recycling of Wastewater ................ ..............................8 8.3 Ordinances, Plumbing Codes, or Rules on Water Conserving Fixtures .............................. ............................... 8 8.4 Water Waste Prohibition .................................... ..............................8 8.5 Requirement for Water Conservation Plans by Wholesale Customers ............................... ............................... 9 8.6 Coordination with Regional Water Planning Organizations ............9 8.7 Requests for Variance ...................................... ......................... ...... 9 9.0 Implementation and Enforcement of the Water Conservation Plan......... 10 APPENDICIES Appendix Description Page A Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans .......................... .............................11 -- Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule§ 288.1 — Definitions .............. .............................12 - Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule § 288.2 -Water Conservation Plans for Municipal Uses by Public Water Suppliers ............. .............................16 - Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule § 288.5 -Water Conservation Plans for Wholesale Water Suppliers ............................ ......................... ...... 20 B Form for City of North Richland Hills' Water Utility Profile and Municipal Water Conservation Report . ............................... .......23 C Form for City of Watauga's Water Utility Profile ......... .............................33 D Letters to Wholesale Customer, City of Fort Worth, City of Watauga, Trinity River Authority, Texas Water Development Board, and the Texas Commission on Environmental Quality ........... .............................42 E City of North Richland Hills' Ordinance Adopting Water Conservation Plan ........................................... .............................48 F City of North Richland Hills' Landscape Water Management Ordinance ................................................................ --- .......51 1.0 INTRODUCTION AND OBJECTIVES This document outlines the City of North Richland Hills' Water Conservation Plan. The objective of the conservation plan is to reduce the quantity required for each water using activity, insofar as is practical, through implementation of efficient water use practices. Having a dependable water supply has always been a key issue in the development of Texas. The growing population and economic expansion occurring in North Central Texas are placing increased demands on our water supplies. In order to meet the challenge of providing for our current and future needs, we must learn to use the water we already have more efficiently. By stretching our existing supplies we can delay the need for new supplies, minimize the environmental impacts associated with developing new water resources, and postpone the high cost of building the infrastructure (dams, treatment facilities, and pipelines) necessary to capture, treat, and transport the additional water into our homes and businesses. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation plans for public water suppliers. TCEQ guidelines and requirements are included in Appendix A. The City of North Richland Hills has developed this water conservation plan in response to TCEQ guidelines and requirements. The objectives of this water conservation plan are as follows: To reduce water consumption from the levels that would prevail without conservation efforts. • To reduce the loss and waste of water. • To improve efficiency in the use of water. • Encourage efficient outdoor water use. • To extend the life of current water supplies by reducing the rate of growth in demand. • To educate the citizens of North Richland Hills about the need for water conservation and the benefits of conserving our most valued natural resource. 2.0 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.2 of the Texas Administrative Code JACj, which is included in Appendix A. For the purpose of these rules, a water conservation plan is defined as "a strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water." The elements in the TCEQ water conservation rules covered in this water conservation plan are listed below. 1 Minimum Water Conservation Plan Requirements The minimum requirements in the TAC for Water Conservation Plans for Public Water Suppliers are covered in this report as follows: TAC 288.2(a)(1)(A) 288.2(a)(1)(A) 288.2(a)(1)(A) 288.2(a)(1)(C) 288.2(a)(1)(D) 288.2(a)(1)(D) 288.2(a)(1)(E) 288.2(a)(1)(F) 288.2(a)(1)(G) 288.2(a)(1)(H) 288.2(a)(1)(1) 288.2(a)(1)(J) 288.2(a)(1)(K) 288.2(a)(1)(K) Page Water Utility Profile 3 City of North Richland Hills Utility Profile 23 City of Watauga Utility Profile 33 Specification of Water Conservation Goals 3 Accurate Metering 4 Metering of Customer and Public Uses and Meter 4 Testing Universal Metering Determination and Control of Unaccounted Water Continuing Public Education and Information Program Water Rate Structure Reservoir System Operation Plan Implementation and Enforcement of the Water Conservation Plan Coordination with Regional Water Planning Organizations Coordination with Regional Water Planning Organizations 4 5 6 7 7 10 Section 3.0 Appendix B Appendix C 4.0 5.1 5.2 5.2 5.4 6.0 7.0 8.1 9.0 9 8.6 42 Appendix D Conservation Additional Requirements (Population over 5.000) The TAC includes additional requirements for water conservation plans for cities with a population over 5,000: TAC Plan Page Section 288.2(a)(2)(A) Metering of Customer and Public Uses and Meter 4 5.2 Testing 288.2(a)(2)(A) Determination /Control of Unaccounted Water 5 5.4 288.2(a)(2)(A) Leak Detection and Repair 5 5.5 288.2(a)(2)(B) Record Management System 5 5.3 288.2(a)(2)(C) Requirement for Water Conservation Plans by 9 8.5 Wholesale Customers N Additional Conservation Strate ies TCEQ rules also list additional optional, but not required conservation strategies, which may be adopted by suppliers. The following optional strategies are included in this plan: TAC Plan Page Section 288.2(a)(3) (B) Ordinances, Plumbing Codes or Rules 8 8.3 on Water Conserving Fixtures 288.2(x)(3 )(D) Reuse and Recycling of Wastewater 8 8.2 288.2(a)(3 )(F) Water Waste Prohibition 8 8.4 288.2(a )(3 )(G) Monitoring of Effectiveness and Efficiency 6 5.6 Annual Water Conservation Report 3.8 WATER UTILITY PROFILE Included in Appendix B to this water conservation plan is a modified North Richland Hills Water Utility Profile based on the format recommended by the TCEQ. Some additional sections were added in order to gather the information necessary to assess the effectiveness of the water conservation plan. The City of Watauga is the City of North Richland Hills' only wholesale customer and is contractually obligated to develop and implement a conservation plan that meets applicable TCEQ Water Conservation Plan Requirements. Appendix C includes the City of Watauga's Water Utility Profile, 4.4 SPECIFICATION OF WATER CONSERVATION GOALS Current TCEQ regulations require the adoption of specific water conservation goals for a water conservation plan. As part of the plan adoption, the City of North Richland Hills will develop 5 -year and 10 -year goals for per capita municipal use, following TCEQ procedures described in the water utility profile, Appendix B for the City of North Richland Hills. The goals for this water conservation plan include the following: - Current five (5) year average per capita use for the City of North Richland Hills is 192 gallons per capita per day. The projected reduction for the City is 112% per year due to elements in this plan. An anticipated 112% reduction per year will keep the per capita municipal water use below 172.5 gallons per capita per day in 2019 (5 -year goal) and 170 gallons per capita per day in 2924 (10 -year goal). Keep the level of unaccounted water in the system below 6% annually in 2014 and subsequent years, as discussed on page 5, Section 5.4. - Maintain meter replacement and repair programs, as discussed on page 4, Section 5.2. Decrease waste in lawn irrigation by continuing enforcement of the landscape water management ordinance, as discussed on page 8, Section 8.4. 3 Raise public awareness of water conservation and encourage responsible public behavior with a public education and information program, as discussed on page 6, Section 6.0. 5.0 METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED WATER, AND LEAK DETECTION AND REPAIR One of the key elements in water conservation is careful tracking of water use and control of losses through illegal diversions and leaks. Careful metering of water deliveries and water use, detection and repair of leaks in the distribution system and regular monitoring of unaccounted water are important in controlling losses. 5.9 Accurate Metering of Treated Water Deliveries North Richland Hills supplies all of the water used by its customers. Water deliveries are metered by the City of North Richland Hills using a meter accuracy of ±5 %. These meters are calibrated by the City's wholesale suppliers on an annual basis to maintain their level of accuracy. North Richland Hills has four (4) main points of entry for treated water intake into the City. Three (3) entry points are from the City of Fort Worth and one (1 ) entry point from Trinity River Authority (TRA). Each point of entry contains a master meter that is the property of the wholesale provider (Fort Worth/TRA). By the wholesale contract, these entry point meters, are tested and calibrated to ensure accuracy at least once per year. The City of North Richland Hills is the water supplier for the City of Watauga. The City of North Richland Hills has installed several meters at the main entry points into the City of Watauga. The main entry point meters are tested, calibrated, and maintained by the City of North Richland Hills on a regular basis. 5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement All connections to the water system are metered connections. All meters are maintained within an acceptable operating accuracy range as defined by the manufacturer or American Water Works Association (AWWA) Standards for Meter Accuracy, whichever is more stringent. Non - functioning meters and meters that indicate reduced or high usage will be flagged during the electronic billing process. These meters will be checked, field tested, and replaced when found to be out of the manufacturer specifications or not meeting AWWA Standards. The City of North Richland Hills has a Meter Replacement Program that is currently funded annually. The goal of the program is to replace approximately 2,000 customer water meters that are older than ten (10) years of age on an annual basis. C! The City also replaces water meters on an as needed basis. These meters are usually suspected of inaccurate readings, such as reading high or too low, erratic, or not reading any flow at all. This aggressive water meter replacement program helps to ensure the meters are accurate and helps to reduce the unaccounted for water in the City. 5.3 Record Management System As required by TAC Title 36, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), the City of North Richland Hills record management system allows for the separation of water sales and uses into residential, commercial, pub lichnstitutional, and industrial categories. This information will be included in an annual water conservation report, as described on page 6, Section 5.6. The City of North Richland Hills will continue to maintain a record management system that separates the monthly usage in the following customer categories; residential, commercial, public /institutional, wholesale, industrial usage and others. 5.4 Determination and Control of Unaccounted Water Unaccounted water is the difference between water purchased from the City of Fort Worth and TRA and metered deliveries to North Richland Hills' customers. Authorized but unmetered uses would include fire- fighting, flushing of water lines, and uses associated with new construction. Unaccounted water can include several categories: Inaccuracies in customer meters. Customer meters tend to run more slowly or become erratic as they age and under - report actual use. Losses due to water main breaks and leaks in the water distribution system. Losses due to illegal connections and theft. Measures to control unaccounted water are part of the routine operations of the City. Maintenance crews and personnel are directed to look for and report evidence of leaks in the water distribution system. A leak detection and repair program is described in Section 5.5 below. Meter readers are directed to watch for and report signs of illegal connections so they can be addressed quickly. As shown in the Water Utility Profile, unaccounted water has varied from 0.6% to 6% in the last five years. With the elements described in this plan, the City of North Richland Hills intends to maintain the unaccounted water below 6% in 2014 and subsequent years. 5.5 Leak Detection and Repair The City of North Richland Hills monitors the water distribution system and customer service connections for water leaks. This is done by City personnel who are in the field. Any water leaks found are reported immediately and repaired as quickly as possible. 5 The City also conducts regular inspections throughout the City for leaks on large water transmission lines. Areas along drainage streams and limited access areas are regularly investigated for potential water leaks. The Public Works Department is responsible for repairing water line leaks. Typically all water leaks are repaired within 24 hours after they have been reported. Large main line water leaks require quick response and the department provides this quick response 24 hours a day. The Public Works Department also has an annual program for replacing water lines that are old, deteriorated, and have had numerous water leaks. The department replaces approximately 10,000 linear feet of water lines in the City under this program. An asset management program is used to track all water line breaks. This asset management program helps the department to determine which water lines are in need of replacement. 5.6 Monitoring of Effectiveness and Efficiency Annual Water Conservation Report Appendix B is a modified water utility profile form that will be used in the development of an annual water conservation report for the City of North Richland Hills. This form will be completed by May 1st of 2014 and will be used to monitor the effectiveness and efficiency of the water conservation plan. This will help the City to plan conservation - related activities for the following years. The water utility profile form records the water use by category, per capita municipal use, and unaccounted water for the current year and compares them to historical values. The modified water utility profile and annual water conservation report will be sent to the City of Fort Worth and TRA who will work with Tarrant Regional Water District (TRWD) to monitor regional water conservation trends. 6.0 CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN The City of North Richland Hills will continue to promote conservation through public education by- 0 Participating in various conservation programs with TRWD - Making conservation information available at the public library and on the City of North Richland Hills' website. Links on the City's website will be provided to the Texas 5martscape website and to information on water conservation from TRWD, Texas Water Development Board (TWDB), and TCEQ websites. Include a water conservation message in the City's "News and Notes" publication on an annual basis. This publication is sent to North Richland Hills customers' and includes information about City activities, events, and advertisements. - insert water conservation information with water bills. Inserts will include material developed by North Richland Hills' staff and material obtained from TRWD, TWDB, TCEQ, and other sources. 6 Encourage local media coverage of water conservation issues and the importance of water conservation. Make information on Texas Smartscape principles, water conservation brochures, and other water conservation materials available to the public at City Hall and other public places. In 2008 the City of North Richland Hills began a partnership with TRWD promoting an educational program called "Learning to Be Water Wise ". The program is designed for educating elementary school students and their parents on water conservation. Activities include instructional manuals and activity books, supplying and installing low flow faucet fixtures, and surveys and input on water conservation techniques. The City along with TRWD funds the program annually. Presently, Stn grade students in the City's local elementary schools are targeted for this program. The City will continue this program providing funds are available on an annual basis 7.0 WATER RATE STRUCTURE The City of North Richland Hills' rate structure is provided in Table 7.0 below: Table 7.0 Rate Structure Meter Size (inches) 3 V 3 11' 2" 4" 6 P Volume (CCF) 267 446 1,423 2,849 8,899 Minimum Bill $9.75 $16.28 $51.97 $104.03 $324.97 Water Rates Minimu_ m_ __Charge + $2.95 per 100 cubic feet over $1.10 x total consumption Water Pass Through* North Richland Hills will continue consideration of various rate plans to insure cost effectiveness and compliance with state regulations. The water pass through rate is the fee charged to North Richland Hills' customers for wastewater disposal. The amount is based on the rate charge that the City's wholesale provider (Fort Worth) sets for wastewater treatment and operation and maintenance cost. E: �1= fi9: 1= 1:% fil1a ll Ia: ZsI*] 0E y =11:1►►,10[Qkin1711FrAltallkol; ? 8.1 Reservoir System Operation Plan North Richland Hills purchases treated water from the City of Fort Worth and TRA Northern Region which purchases untreated surface water from TRWD. North Richland Hills does not purchase untreated surface water supplies and therefore does not have a reservoir system operation plan. 8.2 Reuse and Recycling of Wastewater The City of North Richland Hills does not own and operate its own wastewater treatment plant. The City's wastewater is treated by TRA and the City of Fort Worth. 8.3 Ordinances, Plumbing Codes, or Rules on Water Conserving Fixtures The State of Texas has required water - conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These state and federal standards assure that all new construction and renovations will use water - conserving fixtures. The City of North Richland Hills follows these standards. 8.4 Water Waste Prohibition Landscape irrigation and outdoor watering are responsible for a large portion of the water wasted in the State of Texas. The City of North Richland Hills has adopted the following water conservation measures in an effort to reduce the amount of wasted water: Prohibition of outdoor watering with irrigation systems from 10:99 a.m. to 6:00 p.m. every day of the year. Watering with hand -held hoses, drip irrigation and soaker hoses is allowed. Requirement that all irrigation systems installed on or after October 25, 1999, with the exception of those associated with agricultural and/or single family residential uses, must be equipped with rain and freeze sensors. Requirement that all agricultural and /or single family residential irrigation system installed within the City on or after August 1, 2006 must be equipped with rain and freeze sensors. - Prohibition of irrigation systems that result in a substantial amount of water to fail upon impervious surfaces, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area. Prohibition of poorly maintained irrigation systems that waste water. Prohibition of outdoor watering during any form of precipitation. Requirement for customers to repair a water service line or irrigation line leaking on private property within a designated time period as directed by the North Richland Hills Public Works Department. - The City of Fort Worth and other regional water providers (North Texas Municipal Water District, Tarrant Regional Water District, Upper Trinity Regional Water District, the Trinity River Authority and the City of Dallas) have collaborated and agreed upon implementing a year round no more than twice per week watering schedule. The City will have a mandatory twice per week water schedule similar to Stage 1 of its drought plan. The schedule is included as Table 8.1. The two instances when this schedule has been implemented during Stage 1 drought (in 2011 and currently in 0 2013 -2014) it has shown to have savings of overall water usage of 7 percent and 8 percent respectively. Table 8.1: Twice Per Week Watering Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday No outdoor Non Residential Residential Non Residential Residential watering residential addresses addresses residential addresses addresses ending in ending in ending in ending in (0, 2, 4, 6, 8) (1, 3, 5, 7, 9) (0, 2, 4, 6, 8) (1, 3, 5, 7, 9) Failure to comply with any portion of this section will constitute a violation and may be subject to enforcement of a fine up to Two Thousand Dollars ($2,000.00) per violation. Each day that a violation is permitted to exist shall constitute a separate offense. 8.5 Requirement for Water Conservation Plans by Wholesale Customers The City of North Richland Hills is a wholesale water supplier for the City of Watauga. The City of Watauga must develop and implement a water conservation plan as described in this section. Every contract for the wholesale sale of water that is entered into, renewed, or extended after the adoption of this water conservation plan will include a requirement that the wholesale customer and any wholesale customers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the TAC. The requirement will also extend to each successive wholesale customer in the resale of the water. 8.6 Coordination with Regional Water Planning Organizations Appendix D includes letters sent to the City of Fort Worth, TRA, the TRWD, TCEQ and the City of Watauga. A copy of the water conservation plan was included with each letter. 8.7 Request for Variance The Public Works Operations Manager or his/her designee may grant a temporary variance for water use prohibited by this plan if it is determined that an emergency condition resulting in an adverse effect to health, sanitation, or fire protection of a customer, person, or entity would result if a variance is not granted. A temporary variance may also be granted if it is determined that a customer, person, or entity is caused undue hardship or financial burden if a variance is not granted. 9 Outdoor watering at a service address with large mufti - station irrigation systems may take place in accordance with a variance granted by the Public Works Operations Manager or his/her designee if it is determined that the property cannot be adequately irrigated in a single day. A temporary variance may also be granted to playing fields which require watering to maintain league standards. Skinned areas of sports fields may be watered as needed for dust control without applying for a temporary variance. In order to receive a written variance from the Public Works Operations Manager or his/her designee the customer, person, or entity must provide a written request including: - Name and address of the person requesting the variance. Location of the proposed water use. - Detailed statement of potential damage and reason for the variance. The volume of water needed and specific purpose of water use. - Period of time the variance is needed. Detailed statement of water conservation measures that are being used - Any diagram or other explanation that demonstrates the need for a variance. 9.0 IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN Appendix E includes a copy of the ordinance passed by the City Council which formally approves and adopts this water conservation plan. The ordinance includes penalties for non- compliance and designates responsible officials to implement and enforce the water conservation plan. Appendix F includes a copy of the City's adopted Landscape Water Management Ordinance and Amendment to Outside Watering Ordinance. 10 ►i17 » -f -1Fl-1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS 11 Texas Commission on Environmental Quality Rules on Water Conservation Plans for Municipal Uses by Public Water Suppliers TEXAS ADMINISTRATIVE CODE (TAC) Title 30 Environmental Quality Part 1 Texas Commission on Environmental Quality Chapter 288 Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements Subchapter A Water Conservation Plans Rule §288.1 Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural or Agriculture - Any of the following activities: (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non -soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure. (2) Agricultural Use - Any use or activity involving agriculture, including irrigation. (3) Best Management Practices - Voluntary efficiency measures that save a quantifiable amount of water, either directly or indirectly, and that can be implemented within a specific time frame. (4) Conservation — Those practices, techniques, and technologies that reduce the consumption of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (5) Commercial Use — The use of water by a place of business, such as a hotel, restaurant, or office building. This does not include multi- family residences or agricultural, industrial, or institutional users. (6) Drought Contingency Plan - A strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management documents). (7) Industrial Use - The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, and the development of power by means other than hydroelectric, but does not include agricultural use. (8) Institutional Use — The use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. (9) Irrigation — The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water from a public water supplier. (10) Irrigation Water Use Efficiency - The percentage of that amount of irrigation water which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. (11) Mining Use - The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field re- pressuring. (12) Municipal Use -- The use of potable water provided by a public water supplier as well as the use of sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. (13) Nursery Grower - A person engaged in the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media, who grows more than 50% of the products that the person either sells or leases, regardless of variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs or seedlings. (14) Pollution- The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 13 (15) Public Water Supplier - An individual or entity that supplies water to the public for human consumption. (16) Residential Use -- The use of water that is billed to single and multi - family residences, which applies to indoor and outdoor uses. (17) Residential Gallons per Capita per Da — The total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. (18) Regional Water Planning Group - A group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, §16.053. (19) Retail Public Water 5u lier - An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (20) Reuse - The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state -owned water. (21) Total Use - The volume of raw or potable water provided by a public water supplier to billed customer sectors or nonrevenue uses and the volume lost during conveyance, treatment, or transmission of that water. (22) Total Gallons per Capita per Da GPCD) — The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in this chapter shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. (23) Water Conservation Plan — A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management documents). (24) Wholesale Public Water Supplier - An individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. 14 (25) Wholesale Use — Water sold from one entity or public water supplier to other retail water purveyors for resale to individual customers. Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146; amended to be effective October 7, 2094, 29 TexReg 9384; amended to effective January 10, 2008, 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515 15 �0 Fil1 ilikIF3IN_lIkyj2 We] a]9 Title 30 Environmental Quality Part 1 Texas Commission on Environmental Quality Chapter 288 Water Conservation Plans, Drought Contingency Plans, Guidelines And Requirements SubChapter A Water Conservation Plans Rule §288.2 Water Conservation Plans for Municipal Uses by Public Water Suppliers (a) A water conservation plan for municipal water use by public water suppliers must provide information in response to the following. If the plan does not provide information for each requirement, the public water supplier shall include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. All water conservation plans for municipal uses by public water suppliers must include the following elements: (A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to, information regarding population and customer data, water use data (including total gallons per capita per day (GPCD) and residential GPCD), water supply system data, and wastewater system data; (B) a record management system which allows for the classification of water sales and uses into the most detailed level of water use data currently available to it, including, if possible, the sectors listed in clauses (i) — (vi) of this subparagraph. Any new billing system purchased by a public water supplier must be capable of reporting detailed water use data as described in clauses (i) -- (vi) of this subparagraph: (i) Residential; (1) Single family; (2) Multi- family; (ii) Commercial; (iii) Institutional; (iv) Industrial; (v) Agricultural; and (vi) Wholesale. (C) specific, quantified five -year and ten -year targets for water savings to include goals for water loss programs and goals for municipal use in total GPCD and residential GPCD. The goals established by a public water supplier under this subparagraph are not enforceable; (D) metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account for the amount of water diverted from the source of supply. 16 (E) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (F) measures to determine and control water loss (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections; abandoned services; etc.); (G) a program of continuing public education and information regarding water conservation; (H) a water rate structure which is not "promotional," i.e., a rate structure which is cost -based and which does not encourage the excessive use of water; (1) a reservoir systems operation plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (J) a means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff, indicating official adoption of the water conservation plan by the water supplier, and (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and (K) documentation of coordination with the regional water planning groups for the service area of the public water supplier in order to ensure consistency with the appropriate approved regional water plans. (2) Additional content requirements. Water conservation plans for municipal uses by public drinking water suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years subsequent to the effective date of the plan must include the following elements: (A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system; A a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter. If the customer intends to resell the water, the contract between the initial supplier and customer must 17 provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with the provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the water conservation plan: (A) conservation - oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and /or rules requiring water - conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; (C) a program for the replacement or retrofit of water - conserving plumbing fixtures in existing structures; (D) reuse and /or recycling of wastewater and/or graywater; (E) a program for pressure control and /or reduction in the distribution system and /or for customer connections; (F) a program and /or ordinance(s) for landscape water management; (G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b) A water conservation plan prepared in accordance with 31 TAG §363.15 (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements in accordance with a memorandum of understanding between the commission and the Texas Water Development Board. ? (c) A public water supplier for municipal use shall review and update its water conservation plan, as appropriate, based on an assessment of previous five -year and ten -year targets and any other new or updated information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan every five years to coincide with the regional water planning group. Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2900, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384; amended to be effective December 6, 2012, 37 TexReg 9515 19 TEXAS ADMINISTRATIVE CODE Title 30 Environmental Quality Part 1 Texas Commission on Environmental Quality Chapter 288 Water Conservation Plans, Drought Contingency Plans, Guidelines And Requirements SubChapter A Water Conservation Plans Rule §288.5 Water Conservation Plans for Wholesale Water Suppliers A water conservation plan for a wholesale water supplier must provide information in response to each of the following paragraphs. If the plan does not provide information for each requirement, the wholesale water supplier shall include in the plan an explanation of why the requirement is not applicable. (1 ) Minimum Requirements — All water conservation plans for the wholesale water suppliers must include the following elements: (A) a description of the wholesaler's service area, including population and customer data, water use data, water supply system data, and wastewater data; (B) specific, quantified five -year and ten -year targets for water savings I ncluding, where appropriate, target goals for municipal use in gallons per capita per day for the wholesaler's service area, maximum acceptable water loss, and the basis for the development of these goals. The goals established by wholesale water suppliers under this subparagraph are not enforceable; (C) a description as to which practice(s) and/or devices(s) will be utilized to measure and account for the amount of water diverted from the source(s) of supply; (D) a monitoring and record management program for determining water deliveries, sales, and losses; (E) a program of metering and leak detection and repair for the wholesaler's water storage, delivery, and distribution system; (F) a requirement of every water supply contract entered into or renewed after official adoption of the water conservation plan, and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements of this chapter. If the customer intends to resell the water, then the contract between the initial supplier and customer 20 must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with applicable provisions of this chapter; (G) a reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin. The reservoir systems operations plans shall include optimization of water supplies as one of the significant goals of the plan; (H) a means for implementation and enforcement, which shall be evidenced by a copy of the ordinance, rule, resolution, or tariff, indicating official adoption of the water conservation plan by the water supplier; and a description of the authority by which the water supplier will implement and enforce the conservation plan; and (l) documentation or coordination with the regional water planning groups for the service area of the wholesale water supplier in order to ensure consistency with the appropriate approved regional water plans. (2) Additional conservation strategies. Any combination of the following strategies shall be selected by the water wholesaler, in addition to the minimum requirements of paragraph (1) of this section, if they are necessary in order to achieve the stated water conservation goals of the plan. The commission may require by commission order that any of the following strategies be implemented by the water supplier if the commission determines that the strategies are necessary in order for the conservation plan to be achieved: (A) conservation- oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; (B) a program to assist agricultural customers in the development of conservation pollution prevention and abatement plans; (C) a program for reuse and /or recycling of wastewater and/or graywater; and (D) any other water conservation practice, method, or technique which the wholesaler shows to be appropriate for achieving the stated goal or goals of the water conservation plan. 21 (3) Review and update requirements. The wholesale water supplier shall review and update its water conservation plan, as appropriate, based on an assessment of previous five -year and ten -year targets and any other new or updated information. A wholesale water supplier shall review and update the next revision of its water conservation plan every five years to coincide with the regional water planning group. Source Note: The provisions of this §288.5 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2044, 29 TexReg 9384; amended to be effective December 6, 2012, 37 TexReg 9515 PAPA APPENDIX B FORM FOR CITY OF NORTH RICHLAND HILLS WATER UTILITY PROFILE AND WATER CONSERVATION REPORT 23 APPENDIX B Customer Water Conservation Report Due May 1 of Every Year Name of Utility: City of North Richland Hil Address & Zip: Telephone Number 7200 A Dick Fisher Drive South (817) 427 -6440 Fax: (817) 427 -6444 Form Completed By: Alan Kna Title: PublicWorks, Utility Superintendent Signature: Date: Name and Phone Number of Person /Department responsible for implementing a water conservation program: Jimmv Cates, Public Works Operations Manager (817 ) 427 -5450 UTILITY PROFILE POPULATION CUSTOMER DATA A. Population and Service Area Data 1. Service area size (square miles):. 2. Current population of service area: 18.2 3. Current population served by utility: 65,590 a: Water 65,694 b: Wastewater 65,69_0 %A] 4. Population served by water utility service area for the previous five years: YEAR 2009 2070 2011 2412 2013 NRH 62,569 .3 343 771 63,4204 64 355 65 690 5. Projected population in the following decades: YEAR 2020 2030 2040 2050 2060 NRH 69 ,734 73,417 75,4564 77,495 79.045 6. List specific source(s)/method(s) for the calculation of current and projected population: - Current and projected population obtained through North Central Texas Council of Governments and Freese and Nichols, Inc. B. Active Connections 1. Current number of active connections by user type. Check whether multi - family service is counted as: Residential X Commercial TREATED WATER USERS METERED NON- METERED TOTAL Residential 19,595 0 19,595 Commercial 1,185 0 1,185 Industrial 14 4 14 Public 108 j 4 1 108 Other (Fire Hydrant) 45 1 0 1 45 2. List the net number of new connections per year for most recent three years: YEAR 2011 2012 2013 TOTAL 144 199 225 25 C. High Volume Customers List annual water use for the ten highest volume customers (indicate if treated or raw water delivery). Provide date of most recent water use audit -if never audited, please indicate so. 26 CUSTOMER USE 9,000 Gallons[Year TREATED OR RAW WATER DATE OF LAST WATER USE AUDIT 1 Doskocil Food 135,559 Treated Never 2 North Hills Hospital 51,027 Treated Never 3 Birdville Independent School District 47,672 Treated Never 4 BGPC Equestrian GP 39,568 Treated Never 5 Chesapeake Operation Inc. 31,493 Treated Never 6 FX3 Apt./Remington Oaks Apts. 25,946 Treated Never 7 Silver Creek Apartments 21,537 Treated Never 8 APWP Green REIT LLC Apts. 18,063 Treated Never 9 Alliance PP2 Apts. 17,644 Treated Never 10 Bluffs at Iron Horse Apartments 17,287 Treated Never 26 11. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. Amount of water use for previous five years (in 1,000 gallons): TOTAL DIVERTED AND TREATED WATER DELIVERIES AND SALES BY MONTH Year _ Month 2009 2010 2011 2012 2013 January 270,798 257,641 228,043 265,938 234,955 February 251,608 207,865 247,897 222,737 229,246 March 291,565 234,620 310,507 267,261 296,384 April 303,763 294,879 379,111 278,997 294,777 May 331,217 441,174 342,722 426,407 352,840 June 448,883 489,749 584,459 409,429 433,473 July 530,056 497,521 729,756 639,734 500,474 August 533,817 595,699 735,674 550,999 533,971 September 370,966 396,241 517,446 505,559 448,131 October 291,610 434,190 378,430 367,679 333,931 November 258,604 365,508 296,559 329,790 285,502 December 245,108 320,468 228,767 308,289 257,776 TOTAL 4,127,498 4,515,555 4,977,571 4,572,879 4,201,460 Accounting data taken from master meters located at four points of entry along the perimeters of the City (7699 Airport Freeway, 5105 Western Center Boulevard, 4145 Stanley Keller Road, and 1101 Glade Road). 2. Indicate whether water is supplied from: a. Untreated surface water sources: b. Another utility as treated water: X 2a.For entities that treat their own water: Does utility operate a raw water intake? If so, indicate intake location and minimum elevations of safe operation. Location of raw water intake Elevation NIA N/A 0z 2b. For entities that purchase treated water from another utility, list water supply sources and quantity purchased from each source: 3. Amount of water (in 1,000 gallons) delivered (sold) as recorded by the following account types for the past five years. ACCOUNTTYPE 2009 2010 2011 2012 2013 Residential 2,371,501 2,450,634 2,924,124 2,656,305 2,452,410 Commercial 634,461 662,663 737,811 754,384 400,725 Public/Institutional 155,824 181,930 187,317 219,064 191,038 Industrial 1 144,688 146,551 116,865 55,754 142,047 Wholesale 953,499 996,199 941,899 942,910 830,013 Other (Fire Hydrants) 21,992 45,371 61,653 22,606 54,381 Total Sold 4,281,965 4,483,348 4,969,669 4,651,023 4,070,613 Residential: Single and multifamily residences Commercial: Restaurants, retail, office Public/Institutional: Municipal, airports, schools, hospitals Industrial: Large manufacturing Wholesale: Deliveries to successive customers Other: Uses not included in above categories. Please describe: Fire Hydrants 28 4. Calculate gallons per capita per day by account types for the past five years: ACCOUNT TYPE GALLONS PER CAPITA PER DAY BY ACCOUNT TYPE Total water diverted or 2009 2010 2011 2012 2013 Residential 9 102 122 111 102 Commercial 2 28 31 31 17 Public /institutional 7 8 8 9 8 Industrial 6 6 5 2 6 Wholesale 4 1 42 39 39 35 O #her .9 1.90 2.57 .94 2.27 Total 177.92 187.90 207.57 192.94 170.27 5. List previous five years records for water loss (the difference between water diverted or treated and water delivered or sold). The goal for percent of unaccounted for water is 6 %. YEAR AMOUNT (Gallons) % OF TOTAL WATER DIVERTED OR TREATED 2009 23,849,400 0.60% 2010 259,509,199 5.70% 2011 257, 062, 902 5.6% 2012 163,528,922 3.58% 2013 97,452,565 2.32% 6. List previous five years records for water reuse. Reuse is the authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake or other body of state -owned water. Year Amount/Gallons %of Total Water Diverted or Treated N/A NIA NIA Pli 7. Municipal per capita water use (in gallons per day) for previous five years. Municipal per capita water use is the sum total of water diverted into a water supply system for residential, commercial and public and institutional uses divided by total population served. GPCD includes water losses. YEAR POPULATION TOTAL WATER DIVERTED OR TREATED 9,000 Gallons Municipal Per Capita Use (GPCD) 2009 62,569 4,127,996 181 2010 63,343 4,515,555 195 2011 63,420 4,977,671 215 2012 64,355 4,572,879 195 2013 65,690 4,201,460 175 8. Previously stated per capita goals from 2069 plan- 5 year: 176 GPCD 10 year: 166 GPCD 9. Did water use (GPCD) increase or decrease from previous year? Decrease Percent increase or decrease from previous year? 11% 10. Briefly discuss reasons for the increase or decrease in municipal water use. Municipal water use decreased in 2014 due to mandatory prohibited watering between 10 a.m. — 6 p.m. and ongoing Drought Contingency Stage 1 implementation, fe1C I :1,u_:I0.1 -11Eq : FORM FOR CITY OF WATAUGA'S WATER UTILITY PROFILE (A WHOLESALE CUSTOMER OF THE CITY OF NORTH RICHLAN❑ HILLS) 33 CITY OF WATAUGA {HATER UTILITY PROFILE AND WATER CONSERVATION REPORT Name of Utility Address & Zip Telephone Number APPLICANT DATA Citvof Watauaa 7105 Whitely Road (817) 514 -5851 Fax: (817) 427 -0935 Form Completed By: Brandon Dupree Title: Public Works Utility Superintendent Signature: Date: May 20, 2014 Name and Phone Number of Person /Department responsible for implementing a water conservation program: Name: Keith Miertschin PublicWorks Director Phone: (817) 514 -5837 UTILITY DATA I. CUSTOMER DATA A. Population and Service Area Data 1 2 3 4. Please attach a copy of your Certificate of Convenience and Necessity (CCN) from the TCEQ Service area size (square miles): 445 Current population of service area: Z_ 4 044 Current population served by utility: 34 a: water 24.044 b: wastewater 24,444 5. Population served by water utility for the previous five years: 6. Projected population for service area in the following decades: Year Population Year Population 2009 24,330 2020 24,632 2010 23,555 2030 25,596 2011 23,792 2040 26,365 2012 24,044 2050 26,979 2013 24,044 2060 27,468 7. List source(s)/method(s) for the calculation of current and projected population: Current novulations were taken from the North Central Texas Council of Governments. Projected populations were taken from the Region C Water Planning Group, and the U.S. Census Bureau. B. Active Connections 1. Current number of active connections by user type. If not a separate classification, check whether multi - family service is counted as Residential X or Commercial Treated water users: Metered Not - metered Total Residential - Single- Family 7,646 1 7,646 Residential- Multi- Family 212 0 212 Commercial 285 0 285 Industrial 0 0 0 Public 32 0 32 Other 29 0 29 35 2. List the net number of new connections per year for most recent three years: Year 2011 2012 2013 Residential - Single- Family 0 0 11 Residential - Multi - Family 0 0 0 Commercial 1 0 5 Industrial 0 0 0 Public 0 0 0 Other 5 0 0 C. High Volume Customers List annual water use for the five highest volume retail and wholesale customers (Please indicate if treated or raw water delivery.) Indicate Customer Use Treated or Raw (1,000gal,lyr.) (1) WesternRimProp. 2,557,130 Treated (2) Da breakVenture 1,221 780 Treated (3) Kwik KarWash 387,530 Treated (4) Denton Hwy 354,510 Treated Laundromat (5) PeiWeiAsianDiner 269,940 Treated 36 II. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. Amount of water use for previous five years (in 1,000 gal.): Please indicate: Diverted Water Treated Water X Year 2009 2010 201I 2012 2013 January 73,609,800 65,980,600 49,195,600 47,056,400 38,282,100 February 57.408.600 79,106.082 54.363.300 46,776,90 50,012.900 March 65,556,700 57,123,200 68,136,000 58,076,400 65,596,100 April 67,922,800 69,385,300 74,913,200 59,466,200 62,363,900 May 92.688.600 101,748,200 65333.800 86,169.100 63,606.204 June 101.582,100 106,016,200 100,398,204 77.032,200 85,280,200 July 107,077,900 105,859,000 129,964,200 129,058,300 97,643,200 August 109,674,300 106.882,300 133,445.800 102,094 200 99.258.600 September 92,689.800 71,140,300 85348,800 105,305,400 83.339,700 October 76,507,300 82,797,000 79,499,900 80.014,900 70,817,200 November 63.541.900 100.073.400 60.516.400 59.394.100 60.842.200 December 45,235,800 78,075.600 40,983,500 55,133,200 52,971,000 Total 953,495,600 1,024.187,182 941,898,700 905,577,300 830,013,300 Please indicate how the above figures were determined (e.g., from a master meter located at the point of a diversion from a stream or located at a point where raw water enters the treatment plant, or from water sales). Master meters at points of entry and water sales. 2. Amount of water (in 1,000 gallons) delivered (sold) as recorded by the following account types for the past five years. Year Residential Commercial Industrial Wholesale Other Total Sold 2009 609.543,357 134,640,052 N/A 18,552,181 762,735,590 2010 621,205,950 143,015,58$ N/A L 36,172,091 800,393,629 2011 676,745,138 148,013,021 L NIA 49,386,885 874,145,044 2012 604,323,502 141,728,947 N/A N/A 40,880,335 786,942,784 2013 572.192,173 129,506,110 N/A N/A 20,418,746 722,117,029 37 3. List previous five years records 4. List previous five years records for Year for water loss: (1.000gal. )Sales annual peak -to- average daily use ratio: Year Amount a�l. Year Avera eMGD PeakMG Ratio 2009 181,506,642 2009 2.569 3.857 1.50 2010 223,122,993 2010 2.693 4.099 1.52 2011 65318,826 2011 2.320 3.856 1.66 2012 112,501,479 2012 2.378 3.731 1.56 2013 81 3392 605 2013 2.392 3.655 1.52 5. Total per capita water use for previous five years: 6. Seasonal water use for the previous five years (in gallons per person per day): Year Population Total Diverted or Per Capita (gpcd) Year Population (1.000gal. )Sales 2_3,792 2009 24,330 953,495,600 107 2010 23,555 1,024,187,182 119 2011 23,792 941,898,700 108 2012 24,044 905,577,300 143 2013 24,044 830,013,300 95 6. Seasonal water use for the previous five years (in gallons per person per day): Year Population 2009 24,330 2010 23,555 2011 2_3,792 2012 24,044 2013 24,044 B. Projected Water Demands Base Per Summer Per Ca ip taUse CapitaUse 95 142 109 147 89 166 91 139 83 128 Project water supply requirements for at least the next ten years using population trends, historical water use, and economic growth, etc. Indicate sources of data and how projected water demands were determined. The Gi of Watauga does not expect a large increase in water demand in the near future. The city is land locked and there is very little room for residential or commercial growth. In March 2008 the city passed Ordinance #1368 restricting customers to no watering between the hours of 10:00 a.m. and 6:00 p m year round In December 2008, the city council passed Ordinance #1397 with restrictions for irrigation installation and operation. Ordinance number 1397 states that all irrigation systems shall be designed, installed maintained altered. repaired. serviced and operated in a manner that will promote water conservation. 38 III. WATER SUPPLY SYSTEM ELI L-3 Water Supply Sources List all current water supply sources and the amounts available with each: Source AmountAvailable Surface Water: North Richland Hills 17 MGD Groundwater: NIA MGD Contracts: NIA MGD Other: NIA MGD Treatment and Distribution System 1. Design daily capacity of system: 2_5 MGD 2. Storage Capacity: Elevated 2 MGD, Ground2 MGD 3. If surface water, do you recycle filter backwash to the head of the plant? Yes nla No n!a If yes, approximately nla MGD. 4. Please describe the water system. Include the number of treatment plants, wells, and storage tanks. If possible, include a sketch of the system layout. The City of Watauga's water system receives purchased water from North Richland Hills supplied by the City of Fort Worth and the Trinity River Authority. Watauga has a distribution system, a two (2) million gallon elevated storage facility and one two (2) million gallon ground storage facility. The around storaae facility is iointly used with North Richland Hills. We IV. WASTEWATER UTILITY SYSTEM A. Wastewater System Data 1. Design capacity of wastewater treatment plant(s): nla MGD 2. Is treated effluent used for irrigation on- sitenla off-site nla, plant wash down nla, or chlorinationldechlorination nla? If yes, approximately n!a gallons per month. Could this be substituted for potable water now being used in these areas n!a? 3. Briefly describe the wastewater system(s) of the area serviced by the water utility. Describe how treated wastewater is disposed of. Where applicable, identify treatment plant(s) with the TCEQ name and number, the operator, owner, and, if wastewater is discharged, the receiving stream. Please provide a sketch or map which locates the plants) and discharge points or disposal sites. The City of Watauga does not have a wastewater treatment plant. Watauga's wastewater is treated by The City of Fort Worth. The numbers in B were taken from billing invoices from Fort Wnrth B. Wastewater Data for Service Area 1 . NIA W Definitions of Utility Profile Terms 1. Residential sales should include water sold to residential (Single and Multi - Familv) class customers only. Industrial sales should include water sold to manufacturing and other heavy industry. Commercial sales should include water sold to all retail businesses, offices, hospitals, etc. Wholesale sales should include water sold to another utility for a resale to the public for human consumption. 2. Water Loss is the difference between water a utility purchases or produces and the amount of water that it can account for in sales and other known uses for a given period. Water loss can result from: I. inaccurate or incomplete record keeping; 2. meter error; 3. unmetered uses such as firefighting, line flushing, and water for public buildings and water treatment plants; 4. leaks; and 5. water theft and unauthorized use. 3. The peak -day to average -day ratio is calculated by dividing the maximum daily pumpage (in million gallons per day) by the average daily pumpage. Average daily pumpage is the total pumpage for the year (as reported in Section HAI, p. 4) divided by 355 and expressed in million gallons per day. 4. Total use in gallons per capita per day is defined as total average daily amount of water diverted or pumped for treatment for potable use by a public water supply system. The calculation is made by dividing the water diverted or pumped for treatment for potable use by population served, then dividing by 365. Indirect reuse volumes shall be credited against total diversion volumes for the purpose of calculation gallons per capita per day for targets and goals developed for the water conservation plan. Total water use is calculated by subtracting the wholesale sales from the total water diverted or treated (as reported in Section IIN). 5. Seasonal water use is the difference between base (winter) daily per capita use and summer daily per capita use. To calculate the base daily per capita use, average the monthly diversions for December, January, and February, and divide this average by 30. Then divide this figure by the population. To calculate the summer daily per capita use, use the months of June, July, and August. 41 1,1 »:I►1 InKa91 LETTERS TO WHOLESALE CUSTOMERS: C y k r t' I i] 0 to] 0 s► i►[ i]: i d A k wKi] ►� ►1= = lrlr7e� TRINITY RIVER AUTHORITY I. r: I-:101*: 1aE •avivIll11 =1:aR]gilrI9111i]aTrlmi ?1i -0i e : ■ THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ►y►a k4ftH CITY OF NORTH RICHLAND HILLS May 19, 2014 City of Fort Worth Frank Crumb, P.E. 1000 Throckmorton Fort Worth, TX 76102 RE: City of North Richland Hills' Water Conservation Plan Dear Mr. Crumb: Public Works / Utilities Please find enclosed The City of North Richland Hills' Water Conservation Plan. As you are aware, this plan is required by TCEQ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.20. In addition, as a wholesale customer of the City of Fort Worth, we have reviewed the City of Fort Worth's plan and believe our plan reflects the goals and criteria as stated in Fort Worth's plan. Please feel free to contact me at 817- 427 -6464 if you require any additional information regarding this matter Respectfully, immy Cat &s- Public Works Operations Manager Enclosure JCIshlpwt2014 -019u P.D. Box 820609 * North Richland Hills, Texas * 76182 -0609 7200 Dick Fisher Dr. S * (817) 427 -6440 * Fax (817) 427 -6444 www. nrhtx. rom HRH CITY OF NORTH RICHLAND HILLS May 19, 2014 City of Watauga Greg Vick, City Manager 7105 Whitley Road Watauga, TX 76148 RE: City of North Richland Hills' Water Conservation Plan Dear Mr. Vick: r 171 f� + ►� L•� :� L f I� 1 t[ i [� Please find enclosed The City of North Richland Hills' Water Conservation Plan. As you are aware, the Texas Commission on Environmental Quality (TCEQ) is requiring all municipalities with a population of 5,000 or greater, to submit these documents by July 1, 2014. As the City of North Richland Hills' wholesale customer, the City of Watauga is required to implement a plan consistent with that developed by the City of North Richland Hills. A draft copy of the proposed plan was submitted to Mr. Brandon Dupree as reference material on May 16, 2014. Please feel free to contact me at 817- 427 -6464 if you need any additional information regarding this matter Respectfully, Jimmy ates- Public Works Operations Manager Enclosure JCIsh1pwl201 4-020u P.O. Box 820609 * North Richland dills, Texas * 76182 -0609 7200 Dick Fisher Dr. 5 * (817027-6440 * Fax(817)427-6444 NAAAAAr nrhfr rnm �ARH CITY OF NORTH RICHLAND HILLS May 19, 2014 Trinity River Authority Patricia Cleveland, Manager of Operations P.O. Box 240 Arlington, TX 76004 -0240 RE: City of North Richland Hills' Water Conservation Plan Dear Ms. Cleveland: Public Works 1 Utilities Please find enclosed The City of North Richland Hills' Water Conservation Plan. As you are aware, this plan is required by TCEQ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.20. In addition, as a wholesale customer of the Trinity River Authority, we have reviewed the Trinity River Authority's plan and believe our plan reflects the goals and criteria as stated in the Trinity River Authority's plan. Please feel free to contact me at 817- 427 -6464 if you require any additional information regarding this matter Respectfully, immy ates Public Works Operations Manager Enclosure JC /sh /pw12014 -021 u P.Q. Box 820609 * North Richland Hills, Texas * 76182 -0609 7200 Dick Fisher ❑r. 5 * (817) 427 -6440 * Fax (817) 427 -6444 --, -My - t4RH CITY OF NORTH RICHLAND HILLS May 19, 2014 Texas Water Development Board Ethan Ham P.O. Box 13231 Austin, TX 78711 RE: City of North Richland Hills' Water Conservation Plan Dear Mr. Ham: Public Works 1 Utilities Please find enclosed The City of North Richland Hills' Water Conservation Plan. As you are aware, this plan is required by TCEQ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.20. In addition, as a wholesale customer of the City of Fort Worth and the Trinity River Authority, we have reviewed their plans and believe our plan reflects the goals and criteria as stated in their plans. Please feel free to contact me at 817- 427 -6464 if you require any additional information regarding this matter Respectfully, immy C tes Public Works Operations Manager Enclosure JCls hlpw12014 -022u P.D. Box 820609 * North Richland Hills, Texas * 76182 -0609 7200 Dick Fisher ❑r. S * (817) 427 -6440 * Fax (817) 427 -6444 www. nrhtx. com P41kH CITY OF NORTH RICHLAND HILLS May 19, 2014 Texas Commission on Environmental Quality Kristin Wang -MC 160 P.D. Box 13087 Austin, TX 7871 -3087 RE: City of North Richland Hills' Water Conservation Plan Dear Ms. Wang: Public Works 1 Utilities Please find enclosed The City of North Richland Hills' Water Conservation Plan. As you are aware, this plan is required by TCEQ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.20. In addition, as a wholesale customer of the City of Fort Worth and the Trinity River Authority, we have reviewed their plans and believe our plan reflects the goals and criteria as stated in their plans. Please feel free to contact me at 817- 427 -6464 if you need any additional information regarding this matter Respectfully, A my Ca es blic Works Operations Manager Enclosure JCIsh1pwl2014 -023u P.O. Box 820609 * North Richland Hills, Texas * 76182 -0609 7200 Dick Fisher Dr. S * (817) 427 -6440 * Fax (817) 427 -6444 knnnnnz nrhtv rnm APPENDIX E CITY OF NORTH RICHLAND HILLS' ORDINANCE ADOPTING WATER CONSERVATION PLAN 48 ORDINANCE NO. 3047 AN ORDINANCE AMENDING SECTION 78 -62 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REVISING THE WATER CONSERVATION PLAN; ESTABLISHING THE AUTHORITY FOR THE CITY MANAGER TO EXECUTE THE ELEMENTS OF THE PLAN; AUTHORIZING THE FILING OF THE PLAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; ESTABLISHING PENALTIES, PROVIDING FOR PUBLICATION, FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas (the "City ") recognizes that the amount of water available to its water customers is limited; and, WHEREAS, The City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the city cannot guarantee an uninterrupted water supply for all purposes at all times; and, WHEREAS, the regulations of the Texas Commission on Environmental Quality (the "Commission ") require that the City revise its currently adopted Water Conservation Plan; and, WHEREAS, the City has determined an urgent need in the best interest of the public to revise the current Water Conservation Plan; and, WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the City is authorized to adopt such ordinances necessary to preserve and conserve its water resources; and, WHEREAS, the City Council of the City of North Richland Hills desires to revise the current Water Conservation Plan as official city policy for the conservation of water; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Sec. 78 -62 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 78 -62. Water Conservation Plan adopted. (a) Plan adopted. The City of North Richland Hills, Texas hereby adopts the Water Conservation Plan attached hereto as Attachment A. The city commits to impiementthe requirements and procedures set forth in the adopted Plan. (b) Procedure, rules and regulations. The City Manager or his designee shall have the authority to enact and promulgate rules and regulations of the Plan as necessary to protect the health and safety of the general public. (c) Penalty for violations. Any customer, as defined by Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code, failing to comply with the Ordinance No. 3047 provisions of the Plan shall be deemed guilty of a misdemeanor involving health and safety and shall be subject to a fine not exceeding Two Thousand Dollars ($2,000.00) and/or discontinuance of water service by the City. Each day a customer fails to comply with the Plan is a separate violation. The City may also seek injunctive or other civil relief for actual or threatened violations." Section 2: Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. Section 5: The City Manager or his/her designee is hereby directed to file a copy of the plan and Ordinance with the Commission in accordance with Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code. PASSED AND APPROVED this 13th day of April, A09, �., ' - VLCHt CITY OF a4rr�S By: �i ❑5c �- ttTES -r_ P 40 HqW City Secretary A W.'V -.. - _ es, ity Attorney APPROVED S TO CONTENT: M-Jrfis, I d, idyl , i g Di , ecto i Ordinance No. 3047 r TVvino, Mayor APPENDIX F CITY OF NORTH RICHLAND HILLS' LANDSCAPE WATER MANAGEMENT ORDINANCE AND AMENDMENT TO OUTSIDE WATERING ORDINANCE 51 AN ORDINANCE AMENDING CHAPTER 78 "UTILITIES ", ARTICLE it "WATER ", DIVISION 2 "WATER CONSERVATION AND RATIONING" OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY ADDING SECTIONS 78 -65 TO BE ENTITLED "LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS ", SECTION 78 -66 TO BE ENTITLED "RAIN SENSING DEVICES AND FREEZE SENSORS" AND SECTION 78 -67 TO BE ENTITLED "EXCEPTIONS "; AMENDING SECTION 114.71(C) OF THE CODE OF ORDINANCES TO CONFORM TO THE OTHER AMENDMENTS HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City of North Richland Hills, Texas (the "City ") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that conservation of water and protection of water supplies is necessary to protect public health and sanitation as well as to provide water for fire protection; and WHEREAS, the City Council having previously adopted a water conservation plan incorporated into the Code of Ordinances; and WHEREAS, securing future water supplies will require proving to state permitted agencies that existing water supplies are being used efficiently. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Chapter 78 "Utilities ", Article li "Water ", Division 2 "Water Conservation and Rationing" of the Code of Ordinances be and is hereby amended by adding Sections 78 -65 through 78 -67 which shall read as follows: Sec. 78 -65. Lawn and landscape irrigation restrictions (a) Except for hand watering and the use of soaker hoses, a person commits an offense if a person irrigates, waters, or causes or permits the irrigation of watering of any lawn or landscape located on premises owned, leased, or managed by that person between the hours of 10:00 a.m. and 6:60 p.m. during the period from June 1 through September 30 of any year. (b) A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the person in a mannerthat causes: (1) a substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or (2) an irrigation system or other lawn or landscape watering device to operate during any form of precipitation. (c) A person commits an offense if, on premises owned, leased, or managed by that person, he operates a lawn or landscape irrigation system or device that: (1) has any broken or missing sprinkler head; or (2) has not been properly maintained in a manner that prevents the waste of water. Sec. 78 -66. Rain sensing devices and freeze sensors. (a) All irrigation systems installed on or after October 25, 1999 with the exception of those associated with agricultural and/or single family residential uses must be equipped with rain and freeze sensors. (See Section 114 -74) (b) Any agricultural and/or single family residential irrigation system installed within the City on or after August 1, 2006 must be equipped with rain and freeze sensors. (c) The potable water supply to lawn irrigation system shall be protected against backflow in accordance with the City's Backflow and Cross - connection Control Program adopted by Article VII of Chapter 78 of the Code of Ordinances. Ordinance No. 2893 Page2of5 (d) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause, or permit the installation of or the operation of, an irrigation system in violation of subsections 78 -66 (a) through (d) on premises owned, leased, or managed by that person. Sec. 78-67. Exceptions. (a) The Director of Public Works or his designee may grant exceptions from the provisions of Sections 78 -65 or 78 -66 to persons demonstrating extreme hardship and/or need as determined by the Director of Public Works or his designee and only under the following conditions: (1) The applicant must sign a compliance agreement on forms provided by the Public Works Department, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the exception. (2) Granting of an exception must not cause an immediate significant reduction in the City's water supply. Examples of hardships that will be considered shall include such things but not be limited to such items as: New landscaping and /or lawns that can not be watered during the specified times Installation of new irrigation systems Repair and /or adjustments to an existing irrigation system Any hardship related to the health, safety and welfare of the person making the request Any other request determined to be a hardship as determined by the Public Works Director or his Designee (b) The Director of Public Works or his designee may revoke an exception granted when determined that: (1) the conditions of subsection (a) are not being met or are no longer applicable, (2) the terms of the compliance agreement are being violated; or (3) the health, safety or welfare of other persons requires revocation." Ordinance No. 2893 Page3of5 SECTION 2. That Section 114- 71(c )(1) Landscaping Regulations general criteria of the Code of Ordinances be and is hereby amended to read as follows: Sec. 114 -71. Landscaping regulations (c) General criteria. "(1) The standards contained in this section are considered minimum standards and shall apply to all zoning districts. Agricultural uses and single- family residences and their accessory buildings shall be exempt from the requirements of this Article except as provided in subsection (c )(2) of this section and Section 78 -66 of this Code." SECTION 3. This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, and other applicable City ordinances, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the applicability of the conflicting provisions of such ordinances are hereby repealed to the extent of such conflict. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand ❑olIars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. The City Secretary is hereby directed to publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage hereof. SECTION 7. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordered. Ordinance No. 2893 Page4of5 PASSED AND APPROVED an this 10th day of July, 2006. %rli LA A T: r .s h Patricia ity Secretary CITY F ORTH C LAND HILLS �r By: s ar Tre no, Mayor APPRO ❑ S TO RM AND LEGALITY: George A. Staples City Attorney APPROVED AS TO CONTENT: CL�L- Ml e Curtis, Public Works Director Ordinance Ho. 2893 Page 5 oM ORDINANCE NO.3009 AN ORDINANCE AMENDING SECTION 78 -65 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO EXTEND OUTSIDE WATERING RESTRICTIONS TO. ALL MONTHS OF THE YEAR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas (the "City ") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that conservation of water and protection of water supplies is necessary to protect public health and sanitation as well as to provide water for fire protection; and WHEREAS, the City Council having previously adopted a water conservation plan incorporated into the Code of Ordinances, and WHEREAS, securing future water supplies will require proving to state permitted agencies that existing water supplies are being used efficiently; and, WHEREAS, THE City has been requested by its supplier of potable water to extend the restrictions on hours for outside watering to all months of the year in order to conserve water; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section i_ That Section 78 -65(a) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 78 -65. Lawn and landscape irrigation restrictions (a) Except for hand watering and the use of soaker hoses, a person commits an offense if a person irrigates, waters, or causes or permits the irrigation of watering of any lawn or landscape located on premises owned, leased, or managed by that person between the hours of 10:00 a. m. and 6:00p.m. Ordinance No. 3009 Page oft Section 2. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 3. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 4. The City Secretary is hereby directed to publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage hereof. Section 5. This Ordinance shall be in full force and effect beginning October 1, 2008 and after its passage and publication as required by law and it is so ordered. PAS §KD AND APPROVED on this 26th day of August, 2008. � �aL ululuq v tea~ N LAN� � CITY ❑ N RT�HLAND HILLS C) "' By: i-� scar Trevino, Mayor n, JyU r W62 Hutson, City Secretary APP S FORM AND LEGALITY: l Geo ge A. tap s, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director ORDINANCE NO. 3309 AN ORDINANCE AMENDING SECTION 78 -61 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO REVISE THE WATER RATIONING SCHEDULE TO REFLECT NEW WATER RATIONING PLANS; ADOPTING A 2014 WATER CONSERVATION PLAN AND A 2014 DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that conservation of water and protection of water supplies is in the best interest of the citizens of the City; and, WHEREAS, water supply lakes rely on rainfall for replenishment and rainfall can vary significantly from year to year; and, WHEREAS, the occurrence of droughts cannot be predicted as to when one will begin or end and emergency situations can occur at any time as a result of incidents such as pipeline failures, power outages and pump failures; and, WHEREAS, the Texas Commission on Environmental Quality has mandated the adoption of new Water Conservation and Drought Contingency and Emergency Water Management Plans; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That Sections 78 -61, 78 -62 and 78 -63 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 78 -61. Lawn and Landscape Irrigation Restrictions. (a) Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials). Except for hand watering, drip irrigation and the use of soaker hoses, a person may only irrigate, water, or cause or permit the irrigation or watering of any lawn or landscape, inclusive of structural foundations, trees, and other high value landscape materials, located on premises owned, leased, or managed by that person (i) on a day designated as an outdoor water use day for the property's address as shown below; and (ii) between the hours of 12 midnight to 10 a.m. and 6 p.m. to 11 :59 p.m. on such day. (1) Residential addresses ending in an even number (0, 2, 4, 6 or 8) may water on Wednesdays and Saturdays. (2) Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays. (3) All non - residential locations (apartment complexes, businesses, industries, parks, street and/or roadway medians, etc.) may water on Tuesdays and Fridays. (b) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that person between the hours of 10:00 a.m. and 6:00 P. M. (c) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that person on a day that is not designated as an outdoor water use for that property address as shown in subsection (a) above. (d) A person commits an offense if a person knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the person in a manner that causes: (1) a substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or (2) an irrigation system or other lawn or landscape watering device to operate during any form of precipitation. (e) A person commits an offense if, on premises owned, leased, or managed by that person, a person operates a lawn or landscape irrigation system or device that: (1) has any broken or missing sprinkler head; or (2) has not been properly maintained in a manner that prevents the waste of water. (f) Affirmative Defenses (1) It shall be an affirmative defense to prosecution of an offense in section 78 -161 that at the time such person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape, such activity was for the purpose of: (A) dust control of a sports field; or (B) the maintenance, repair, or testing of an irrigation system. (2) The activity described in subsection f (1) (A) and (B) may only occur within a period of two (2) days no more than once every thirty (30) days. Any such activity requiring a longer period or greater frequency shall require a variance as provided by subsection (g). (g) Variances (1) The public works operations manager or his designee may grant variances to the twice per week watering and irrigation restrictions and schedule, if one or more of the following conditions are met: (A) Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the Person requesting the variance; (B) Compliance with the watering and irrigation restrictions and/or schedule cannot be accomplished due to technical or other limitations; or (C) Alternative methods that achieve the same level of reduction in water use can be implemented. (2) The public works operations manager or his designee may grant variances to allow for establishment of hydromulch, grass sod, or grass seed for new lawns. (3) Variances shall be granted or denied at the discretion of the public works operations manager or his designee. All petitions for variances shall be in writing and shall include the following: (A) Name and address of the petitioners); (B) Purpose of the water use; (C) Specific provisions from which relief is requested; (D) Detailed statement of the adverse effect of the provision from which relief is requested; (E) Description of the relief requested; (F) Period of time for which the variance is sought; (C) Alternative measures that will be taken to reduce water use, and (H) Other pertinent information requested. (h) A person who irrigates, waters, or causes or permits the irrigation or watering by use of an alternative water source such as a well, reclaimed or reused water is exempt from prosecution if that person has: (1) Registered such alternative water source with the City; (2) Provided sufficient proof to the public works director that the alternative water source is from a well, reclaimed or reused water and has allowed inspection by the water department director if deemed necessary; and (3) Complied with the City's Backflow and Cross - connection Control Program and Division 2 of Chapter 78 of the Code of Ordinances. Sec. 78 -62. Water conservation plan adopted. The City of North Richland Hills, Texas hereby adopts the 2014 water conservation plan attached hereto. The city commits to implement the requirements and procedures set forth in the adopted plan. Sec. 78 -63. Drought contingency and emergency water management plan. (a) Plan adopted. The city council hereby approves and adopts the drought contingency and emergency water management plan (the "plan ") attached hereto, as if recited verbatim herein. The city commits to implement the requirements and procedures set forth in the adopted plan. (b) Procedure, rules and regulations. The city manager or his/her designee shall have the authority to enact and promulgate rules and regulations of the plan as necessary to protect the health and safety of the general public. (c) Penalty for violations. Any customer, as defined by Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code, failing to comply with the provisions of the plan shall be deemed guilty of a misdemeanor involving health and safety and shall be subject to a fine not exceeding $2,000.00 and/or discontinuance of water service by the city. Each day a customer fails to comply with the plan is a separate violation. The city may also seek injunctive or other civil relief for actual or threatened violations. (d) Variances. The city manager or his/her designee shall have the authority to grant temporary variances for water uses otherwise prohibited under the plan if it is determined that the failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation or fire protection for the public or the person requesting the variance." Section 2. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 3. The City Secretary is hereby directed to publish this ordinance or its caption and penalty in the official City newspaper as required by law. Section 4. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordered. PASSED AND APPROVED on this 23rd day of June, 2014 Is] kW907 W q[01 ;4 d:WIsHIWTH4I III: III %` ►:ri III =36 Alicia Richardson, City Secretary George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director Oscar Trevino, Mayor N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. E.2 Approve Amendment #2 to the Design Contract for Davis Blvd/Mid- Cities Blvd Intersection Project with Freese and Nichols for an amount not to exceed $191,000 Presenter: Mike Curtis, Managing Director Summary: The City Council is being asked to amend an existing professional services contract for the CIP Project identified as "Davis Blvd /Mid- Cities Blvd Intersection [TEA 21]" in the Capital Projects Budget. General Description: In June of 2008, the Council awarded a professional services agreement to Freese and Nichols, Inc. ( "FNI ") for the Davis Boulevard and Mid - Cities Boulevard Intersection Improvements Project. The purpose of the project is to add capacity at this intersection to ease up some of the congestion problems. The project will add capacity by replacing the single left turning movements with double left turning movements, dedicating right turn lanes at each corner of the intersection (presently this condition exists for only two corners) and preserving the three (3) through lanes in all four (4) directions. As Council may recall, the initial improvements contemplated by this project were such that TxDOT was not going to require the entire intersection to be reconstructed. When the initial engineering agreement was prepared it was to simply add on to the existing pavement to make the street section wider. However, during the course of several reviews TxDOT expanded the scope of the project to be much larger than what was originally discussed. Additionally, the initial TxDOT design criteria used for the project was based on 2010 traffic projections; however, TxDOT's criteria now requires that the estimated traffic volumes be based on 2035 traffic projections. Because the 2035 projections forecast more vehicles at this intersection than the 2010 traffic data, the storage length of the left turn bays has increased. This increased length has increased both the length of the project and the width of the project. The increase in width needed to accommodate longer turn bays over a longer distance has meant that additional Right -of -Way is now necessary from nine (9) property owners whereas initially Right -of -Way was only anticipated to be necessary from five (5) property owners. Ultimately, changing the project's design criteria and expanding the scope of the project has directly resulted in an increase in the design contract in an amount not to exceed $191,000. Council approved a Local Project Funding Agreement for this project on April 14, 2014. The funding agreement included $880,000 in additional grant funding for this project. At the time the request was made to COG for additional funds staff had anticipated the additional engineering funding that would be necessary to complete the project and included these funds in the request. Therefore the $880,000 in additional grant funding includes the additional engineering money needed for the design contract amendment. This is amendment #2 to the design contract. The first amendment included known scope changes in 2010 -2011 such as Utility relocations and submittal requirements. Amendment #2 includes the following items: Item #1 Additional design services due to the project limits being expanded, additional TxDCT plan sheet and detail requirements, more involved franchise utility coordination, and separating the City utility relocations into separate construction packages. Item #2 Right -of -way — Preparation of ROW Strip map and additional ROW documents. Item #3 Environmental Document Revision — Preparation of the environmental document in accordance with the latest federal guidelines. Cost breakdown per item Item #1 Additional Design Services $134,500 Item #2 Right -of -way $ 8,620 Item #3 Environmental 47,880 Total Amendment $191,000 The approval of this amendment will result in a design budget of $583,500. Original Contract $314,500 Amendment #1 $ 78,000 Amendment #2 $191,000 Total Contract Amount $586,500 Freese and Nichols, Inc. has provided staff with a proposed amendment that addresses the additional work required of them in order to comply with TxDOT's requirements. This amendment has been reviewed by the City Attorney and he sees no problems with it. There is sufficient funding in the current Capital Projects Budget for this Amendment. Recommendation: To approve Amendment #2 to the Professional Services Agreement with Freese and Nichols, Inc in an amount not to exceed $191,000 and allow the City Manager to execute such agreement. "'�� Davis Blvdl Mid - Cities Blvd Kintersection.'[TEA-21] is Blvd/Mid-Cities Blvd OR- �°fNWAi�a ®RFH61& wA Intersection [TEA-211 �h� °ems E -0 ❑ ���GdRAfLpKbR �1 J DLER p L£mft R T J v5 ❑ _ PAIN ST "f 4F�, = a° U) 8 _ V, SOIFiH i£i3R. W o LEN N ARDINAL- -L- �k1Y5 O v� $QV D o iris sous Cif S • NORTH k RICHLAND 9 HILLS ® Project Locator Map Eg WW u R BR147 srnRx�w s MID CH— OTH no ee�� E EWR ANFiF -- �i � y �ER•® Y � � � N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. F.0 GENERAL ITEMS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. F.1 Authorize the leaselpurchase of dispatch radio equipment (MCC7500) in the Communications Center for the new City Hall Project in the amount of $164,880 to be reimbursed by Tarrant County 9 -1 -1 District P25 Radio Assistance Program Presenter: Mike Hamlin, Assistant Police Chief Summary: Staff requests authorization to lease /purchase P25 radio equipment from Motorola in the amount of $164,880.00 for the Communications Center as part of the new City Hall project. This agreement allows the City to proceed to make lease payments to Motorola structured around the utilization of available funds through the Tarrant County 9 -1 -1 District P25 Radio Assistance program, over a 3 -year submission and approval cycle with three distributions totaling $ +164,427. General Description: The Police Department, working in conjunction with Tarrant County 9 -1 -1 District, is eligible to request funding through the "P25 Radio Assistance" reimbursement process. Tarrant County 9 -1 -1 District determines the amount of the total available funding, the annual funding request limits and disbursements, as well as the parameters for utilization of the funding. The Police Department has been notified years, with an annual limit set at $54,809 June, with reimbursement distribution in payments over a 3 -year cycle. of $164,427 available funding over three The process entails formal application in August — to be repeated for three equal Allowable expenses must be used to demonstrate an interoperability plan utilizing the SAFECOM guidelines. Moving into the new City Hall in January of 2016 offered the opportunity to align this available funding to equip the Communications suite with three new MCC7500 to complement the increased number of dispatch consoles. The Motorola pricing structure and quote is based on the HGAC platform. As a unit of local government, HGAC strives to make the governmental procurement process more efficient by establishing competitively priced contracts for goods and services. All contracts available to participating members of HGAC have been awarded by virtue of a public competitive procurement process compliant with state statutes. The lease /purchase agreement to be executed with Motorola will be structured to align with the Tarrant County 9 -1 -1 P25 Radio Assistance Program funding and reimbursement schedules, as well as the Construction Schedule for the projected delivery and installation of the consoles in November - December of 2015. The approved City Hall project budget includes a line item for "Tarrant County P25 Radio Assistance" under "Additional Funding Sources." Recommendation: Authorize the City Manager to enter into an agreement to make lease payments to Motorola for the purchase of dispatch radio equipment (MCC7500) structured around the utilization of available funds from the Tarrant County 9 -1 -1 P25 Radio Assistance Program over a 3 -year submission and approval cycle with three distributions approximating a total of $165,000. @JVIOTOROLA June 9, 2014 Ms. Jennifer Veber City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills TX 76180 Dear Ms. Vebe:r Enclosed for your review, please find the Municipal Lease documentation in connection with the radio equipment to be leased from Motorola. The interest rate and payment streams outlined in Schedule A Equipment Lease - Purchase Agreement #23553 are valid for contracts that are executed and returned to Motorola on or before June 26, 2014. After 6126114, the Lessor reserves the option tore -quote and re price the transaction based on current market interest rates. Please have the documents executed where indicated and forward the documents to the following address: Motorola Credit Corporation Attn: Bill Stancik 19'h Floor 1303 E. Algonquin Rd Schaumburg, Til 60196 Should you have any questions, please contact me at 847 - 538 -4531. Thank You, _- r MOTOROLA CREDIT CORPORATION Bill Stancik OPINION OF COUNSEL With respect to that certain Schedule A Equipment Lease - Purchase Agreement #23553 dated June 2014 which is hereby attached to and made a part of that certain Equipment Lease - Purchase Agreement Number 23262 dated as of February 22, 2012 as amended, by and between Motorola Solutions, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. Attorney for CITY OF NORTH RICHLAND HILLS SCHEDULE A EQUIPMENT LEASE - PURCHASE AGREEMENT Schedule A 23553 Lease Number: This Equipment Schedule dated as of June , 2014 is being executed by MOTOROLA SOLUTIONS, INC. ( "Lessor ") and CITY OF NORTH RICHLAND HILLS (Lessee "), as a supplement to, and is hereby attached to and made a pmt of that certain Equipment Lease - Purchase Agreement Number 23262 dated as of February 22, 2012 ( "Lease "), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment UANTITY DESCRIPTION Wanufacturer, Model and Serial Nos. Refer to attached Equipment List. Equipment Location: Initial Term: 25 Months Commencement Date: 7/1/2014 First Payment Due Date: 8/1/2014 3 annual payments of $54,960.00 as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. LESSEE: CITY OF NORTH RICHLAND HILLS : LESSOR: Motorola Solutions, Inc. zi Title: Title: �► �r.�r.�- r.�w_•���rrr� ■rte Date: May. 30, 2014 Sales Quotation 1301 E. Algonquin Road, Schaumburg, TI.60196 Quote# NRH Dlsp Add 05302014 Pl'el>ared By: TrevlynPitner phone: 817- 470 -1155 Fax. 972- 277 -4666 CUSTOMER #: 1000720707 ?REPARED FOR jenniTer vener Bill To City of North Richland Hills Ship to City of North Richland HilIsPO coMPA Y, City of North Richland Hills Address: 7301 NE Loop 820 Address: 7301 NE Loop 820 PHONE: 417.241.1000 North Richland Hills,TX 76180 North Richland Hills,Tx76180 FAX Equipment Details and Pricing UL wadEi Descrjption 1lnjt Ptjce Total Price 1 MCC7500 Motorola MC( 7500 JP Dispatch Consoles- Ad dition of Three (3)Positions $ 164,880.00 $164,880.00 *To be adde d to exi sting six positions in n ewNRH Di sp at ch Center for total of9 positions $ $0.00 $ $0.00 *Includes Equipment, Installation & Optimiration to match current configuration $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 *PRICING BASED ON DIR -S DD -2203 CONTRACT PRICING *PRICING VALID THRU 9/30/2014 -Offer includes a Motorola Credit Corp. Municipal Lease - Purchase at 0% Interest for aThree (3)Y ear Term with Annual Payments of $54,960.00 each. QUOTE PAGE TOTAL $164,880.00 THIS n I OI f, RASE❑ QU JHE E01101 1 This quotation is provided to you for information purposes onlyandis not intended to be an offer or a finding proposal. 2 If you wish to purchasethe quoted products, Motorola wilt be pleased to provide you with our standard terms and conditions of sale (whichwm Jnctoo'ethe capitalized prov isions helow).or alte mat Nely,receive y o ur. p urc h a se order which wilt be ackrKw,1edged. 3 Q,e`s v a ,rve yevxvc.vs.vve ..oa lvl , i nnsvtvalvla.t,iro.�n .,,...o. and projlramminQ char—Iles (unless expressly stated) and all applicable taxes 4 Prices quoted are valid forthlrty{30) da - s fro mthedate ofth!squote. 5 Unless othcnvlse state d,paymentwilIbe due with in flirty dm after lnvo!ce.InvoIdnloIl ocwr c onwrre nt yvyft Insh'ppins). MOTOROIADISCLAIMSAIOTIIERVVARRANnESWITH RESPECTTO THE ORDERED PRODUCTS,EXPRESS OR IMPUED INCLUDINGTiIE IMPUEOWARRANnES OFMERCHANTAB!UTYAND FITNESS FORA PARTICULAR PURPOSE. MOTOROIA'S TOTAL UABILITY ARISING FROM THE ORDERED PROD UCTSVN ILL BE IIMITEDTOTHE PURCHASE PRICE CF THE PROD UCTSWITH RESPECT TOVYHICH LOSSES OR DAMAGES ARE CIAIM ED. N NO EVEN TVVH..L MOTOROLA BEUABLE FOR INC MENTAL OR CONSEOUENTIALDAMAGES. _._ --.... .._ :..........-- ............... RdMENCrarla .. - - - - -- : m 1 SOM01 SUM0200 MASTER SITE UPGRADE MODES. ADD: NMIZC LICENSE KEY 7.11 1 CA00997AJ ..:::.: :::.._: ADO: UGS LICENSE KEY 7.11 6 CA01688AA ADD: ANTI -VIRUS SERVICE 1 CA0131BAA :. ADD: UNG ADDTL DEVICE LIC (QTY 10) 1 B3 905 MCC 7500 ASTRO 25 SOFTWARE 3 81933 MOTOROLA VOICE PROCESSOR MODULE 3 ICA01642AA ADD: MCC 7540 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE 3 ICA01 643AA ADD: MCC 75001 MCC 7100 TRUNKING OPERATION 3 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN 3 CA90147AF. : ADD: MCC 7500 SECURE OPERATION 3 CA00245AA ADD: ADP ALGORITHM 3 DON1507 SYMANTEC EXP ENDPOINT PROTECT 12.1 CORP ED LIC & MEDfA 3 T744.9-:.::....... . WINDOWS SUPPLEMENTAL TRANS CONFIG 3 DSRMP815A SPD, TYPE 3,120V RACK MOUNT, 15A PLUG -1N WI [6) 16A NEMA 5 -15 OUTLETS 6 B1912 MCC SERIES DESKTOP SPEAKER 3 B1914 MCC SERIES DESKTOP GOOSENECK MICROPHONE 6 B1913 MCC SERIES HEADSET JACK 3 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWCfCH FOR USE WITH MOTOROLA MCC 7500 DISP 3 IDDNI1246 IPCI DUAL ]RR SW USB HASP WITH LICENSE (VERSION 45) 3 IDDNI118 EXPRESS SOUND BLASTER X -Fl XTREME AUDIO City of North Richland Hils (Schedule B Lease 23553) Compound Period: Annual Nominal Annual Rate: 0.000% IeASH FLOW DATA Event Date Amount' Number� Period . End i 1. Loan 7/1/2014 f164,880.00 1 , 2, Payment 8/1/2014 - 54,960.00 3 Annual 18/1/20161 !AMORTIZATION SCHEDULE- Normal Amortization Date Paymentl Loan 7/1/2014 18/1/2014 54,960.00' 2; 8/1/2015 54,960.00 3 8/1/2016 54,960.00' Gran d Totals 164,880.00; INITIAL INSURANCE REQUIREMENT: Interest' Principal- Balance 164,880.00 0.00 54,960.00 109,920.00 0.001 54,960.00; 54,960.00 1 1 o.00! 54,96o.00i 0.00 0.001164,880.00 $164,880.00 Except as spedfically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. LESSEE: LESSOR: CITY OF NORTH RICHLAND HILLS Motorola Solutions, Inc. By: By: Title: Titl e: Date: June - -- 2014 Date: I, (Signature of Secretary /Clerk) do hereby certify that I am the duly elected or appointed and acting Secretaty or Clerk of CITY OF NORTH RICHLAND HILLS, an entity duly organized and existing under the laws of the State of Texas that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I futther certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Schedule A Equipment Lease Purchase Agreement number 23553 dated June _ 2014 between CITY OF NORTH RICHLAND HILLS and Motorola Solutions, Inc. Name Title Signature (Individual who signed Lease documents should be listed here and sign where applicable) IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of ,hereto this day of June, 2014. (Signature of Secretary /Clerk) SEAL LESSEE RESOLUTION At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease Agreement) held on June 2014 the following resolution was introduced and adopted. BE IT RESOLVED by the Governing Board of Lessee as follows: 1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment or other personal property described in the Lease Schedule A. 23553 dated as of June , 2014, between CITY OF NORTH RICHLAND HILLS(Lessee) and Motorola Solutions, Inc. (Lessor). 2. Approval and Authorization. The Governing body of Lessee has determined that the Lease Agreement, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment or other personal property, and the Governing Board hereby approves the entering into of the Lease Agreement by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Lease Agreement on Lessee's behalf sith such changes thereto as such person deems appropriate, and any related documents, including any escrow agreement, necessary to the consummation of the transactions contemplated by the Lease Agreement. Authorized Individual(s): Printed or typed name(s) and title(s) of Individuals) authorized to execute the Lease Agreement. 3. Adoption of Resolution. The signatures below from the designated individuals for the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution. Signature: Attested By: Name and Title: — — — — — — — — — — Name and Title: EVIDENCE OF INSURANCE Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number 23553 dated June 2014 to that certain Equipment Lease Purchase Agreement number 23262 dated February 22,2012 as amended, will be maintained by the CITY OF NORTH RICHLAND HILLS as stated in the Equipment Lease Purchase Agreement. This insurance shall name MOTOROLA SOLUTIONS, INC. or its assignee as additional insured and loss payee for the term of the Schedule A number 23553 dated June , 2014. This insurance is provided by: Name of insurance provider Address of insurance provider City, State an d Zip Code Phone number of insurance provider & email address In accordance with the Equipment Lease Purchase Agreement Number 23262 , CITY OF NORTH RICHLAND HILLS, hereby certifies that following coverage are or will be in full force and effect: Type Alnount Effective Expiration Policy Date Date Number Fire and Extended Coverage Property Damage Public Liability Lessee: CITY OF NORTH RICHLAND HILLS By: Its: Date: June , 2014 a oil I DIM I Biel We] a DMI Dieu I ILI MCI DMIffin .0116 Dwel a 1091 M. To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the following questions by completing this form or by sending a separate letter: What is the specific use of the equipment? 2. Why is the equipment essential to the operation of CITY OF NORTH RICHLAND HILLS? 3. Does the equipment replace existing equipment? If so, why is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification. 5. What is the expected source of funds for the payments due under the Lease for the cunent fiscal year and future fiscal years? Lessee: CITY OF NORTH RICHLAND HILLS Its: Date: June. 12014 Bank Qualified Statement LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE Schedule A # 23553 AS A QUALIFIED TAX - EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(b) {3} OF THE CODE AND IF THE LESSEE HAS DESIGNATED THIS LEASE AS A QUALIFIED TAX - EXEMPT OBLIGATION, IT HAS NOT DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX - EXEMPT OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX - EXEMPT OBLIGATIONS TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED $10,000,000. Lessee: CITY OF NORTH RICHLAND HILLS IC Its: Date: June. 2014 Fmm8038•G Information Return for Tax-Exempt Governmental Obligations (Rev.september2011) Under InternalRevenue Code section 149fe) OMB No. 1545 -0720 .,_See separate instructions- De partm en t o €1heTreasury the issue price is under- $900, 000, use Form 8038 -G C. Intemai Revenue Service Reporting If Amended fieturn, check there ■ ❑ 1 Issuer's namo 2 issuer's employer identiflcatlon number (EIN) City of North Riclland Fulls $a Name of person (other than Issued with whom the IR" '' `" " "'` ° ' " "' "' "'` °' " "" '` ° °' "` "` " " "`' 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box H mail is not 7301 NE Loop 820 6 City, toym, or post office, state, and 7JP cod( North Richland Hill Tk76180 S) Roomisui� I 5 Report number(ForLPS Use MW 13 8 Name of Issue Equipment Lease- Purchass Agreement Schedule A 22553 may call for more information [see 1 C Name and thla of officer or other employee of the issuer whom the IRS 7/1/2014 10b Teleohone number of officer or other ► u 1 14 1 160,067-811 lete for the entire issue for which this form is being filed. (a) Final maturity date (c) Stated redemption (d) Weighted price at maturity average maturity 21 8112016 160,687.81 160,667.81 2.063 ears Uses of Proceeds of Bond Issue (including underwriters' discount) 22 . . . . . . . . r22 . . . 24 1K 28 28 29 . . . . . . . . . 29 30 N 'subtract line 29 from line 23 and enter amount here) . 3D ands. Complete this part only for refunding bonds. 0� "i uci a is uurcta1 u w i ci ui iucu uUi iva vvci c i oo uc ulninu uui i i 1 1 For Paperwork Reduction Act Notice,see separate Instructions. Cat. No. 637735 Form 8038 -G (Rev. 32011) Form 8038 -G (Rev. 8- 2011) " DISC @�iE 35 — - ant of the state volume cap allocated to the issue under section 141(b)(5) 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (G IG) (see instructions) b Enter the final maturity date of the GIG 1 -- - - - -- c Enter the name of the GIG provider I> c- - - - -c- - cc-- c - -cc -- -- -- - 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . Paget 38a If this issue is a Joan made from the proceeds of another tax - exempt issue, check box I> D and enter the following information: b Enter the date of the master pool obligation l> c — c c — — c — — — — — — — c Enter the EIN of the issuer of the master pool obligation 1 - - - -- d Enter the name of the issuer of the master pool obligationl> == cc- c --- ccc- ---cc-c--:--c-c-- 39 If the issuer has designated the issue under section 265(b)(3)(13)(i)(JJJ) (small issuer exception), che ck box I> ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box I> ❑ 41 a If the issuer has identified a hedge, check here I> ❑ and enter the following information: b Name of hedge providerl> c Type of hedge I> _ d Term of hedge I> ---------c-c--c--c---c---c-c------- 42 If the issuer has superintegratedthe hedge,check box . I> ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box I> ❑ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box I> D 45a If some portion of the p roc eedswas used to reimburse expenditures, ch eck here I> ❑ and enter the amount of reimbursement . b Enter the date the official intent was adopted I> --------------- - -- Under penalties of perjury, I declare that I have examinedthis return and accompanying schedules and statements,and to the best of rmyknowiedge Signature and belief,they are true, correct, and complete.I further declare that I consentto the IRS's disclosure of the Issuer's return Information, as necessaryto and process this return,to the personthat I have authorized above. Consent Signature of issuer's authorized rep resentati e Date Type or print n a m e and title IF Paid nn ype preparers name reparerssignature Date Check 0 if �PTIN ereparer I self - employed se OnlY Firm's name 1 Firm's EIN Firm's address 1 Phone no. EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment ") and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee and Lessor. Equipment Lease Purchase Agreement Date: February 22. 2012 Lease Schedule A Date:June 2014 Equipment Lease Purchase Agreement No.: 23262 Lease Schedule A No.: 23553 EQUIPMENT INFORMATION QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION Equipment referenced in lease Schedule A# 23553 dated June , 2014. See Schedule A for a detailed Equipment List. LESS EE: Date Accepted: - - - - -- By: N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. F.2 Electronic Warrant Payment Services Interlocal Agreement with the North Central Texas Council of Governments Presenter: Mike Hamlin, Assistant Police Chief Summary: The City of North Richland Hills and the North Central Texas Council of Governments (NCTCOG) desire to enter into an Interlocal Agreement, pursuant to Chapter 791 of the Texas Government Code "Interlocal Cooperation Act," to set forth the terms and conditions upon which the City of North Richland Hills may participate in an electronic warrant payment services program. General Description: Currently, when the City of North Richland Hills collects bond payments for other cities, the transfer of money must be facilitated by the issuance of a check. Under the terms of the Interlocal Agreement, Government Payment Services, LLC (GovPayNet) has been contracted to provide electronic warrant payment services for the participating cities. The City will execute an engagement letter with GovPayNet for use of these services. When a warrant is confirmed by the issuing agency, the required payment amount will be confirmed. GovPayNet will collect the funds via a credit card transaction and confirmation of payment is sent to the issuing agency. An individual will not be released by the arresting agency until the issuing agency confirms the correct amount has been paid. GovPayNet will facilitate the transfer of money from city to city, and there is no risk or cost to the agency in the event of a fraudulent charge. Participation in the Interlocal Agreement may be terminated by any party upon thirty (30) days' written notice to the other participating party. Recommendation: Authorize the City Manager to execute an Interlocal Agreement with North Central Texas Council of Governments. INTERLOCAL AGREEMENT FOR ELECTRONIC WARRANT PAYMENT SERVICES THIS INTERLOCAL AGREEMENT ( "ILA "), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act "), is by and between the North Central Texas Council of Governments, hereinafter referred to as " NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, TX 76011, and North Richland Hills Police Department, a local government created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at 7301 NE Loop 820, North Richland Hills, TX 76180. WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, in reliance on such authority, NCTCOG has instituted a cooperative purchasing program, hereinafter referred to as "Shared Services" under which it contracts with eligible entities under the Act; and WHEREAS, NCTCOG has performed a procurement process for electronic warrant payment services for municipalities; in which each participating local government will contract directly for electronic warrant payment services with Government Payment Service, Inc. (GPS); and WHEREAS, NCTCOG's Executive Board approved a resolution authorizing the interlocal agreements for procurement of GPS electronic warrant payment services at its December 20, 2012 meeting; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on June 23, 2014, and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows ARTICLE 1: OBLIGATIONS OF THE PARTIES The Participant agrees to execute an engagement letter with GPS with respect to its election to receive various electronic warrant payment services under NCTCOG's Shared Services Program. A copy of the standard engagement letter is attached hereto as Attachment 1. Participant acknowledges that it shall look solely to GPS for the delivery of the services described in the engagement letter as well as the provisions for payment of fees assessed by GPS. NCTCOG has developed the electronic warrant payment services program as part of its Shared Services to its member organizations. NCTCOG's sole responsibility is to coordinate with CPS and its member organizations the procurement of the services and to promote the services to its members. NCTCOG has no responsibility for (i) the delivery of the services to its members, (ii) the day to day operation of the electronic warrant payment service system or (iii) the resolution of dispute /warranty claims between CPS and the Participants. ARTICLE 2: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that it is eligible to contract with NCTCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act as a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non - profit corporation created and operated to provide one or more governmental functions and services, and it possesses adequate legal authority to enter into this Agreement. ARTICLE 3: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one -year terms unless sooner terminated in accordance with Article 6 below. Any modification of this Agreement must comply with the requirements of Article 4 below. ARTICLE 4: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right from time to time to make changes in the scope of products and services offered through the Shared Services cooperative purchasing program. ARTICLE 5: TERMINATION PROCEDURES NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for any Service and/or Products purchased under this Agreement, shall survive such cancellation, as well as any other Participant costs incurred prior to the effective date of the cancellation. ARTICLE 6: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 7: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 8: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of Cod, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 9: WHOLE AGREEMENT This Agreement and any attach mentsladdendums, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 10: DISPUTE RESOLUTION The parties to this Agreement agree to the extent possible and not in contravention of any applicable state or federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process before resorting to litigation. ARTICLE 11: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. C. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: North Central Texas Council of Governments Shared Services Program 616 Six Flags Drive Arlington, Texas 76011 NCTCOG Executive Director or Designee Signature of Executive Director or Designee Date: Name of Entity Mailing Address City, State, ZIP Code Name & Title of Authorized Official or Designee By: Signature of Authorized Official or Designee Date: ATTACHMENT 1: Engagement Letter for NCTCOG Project Customers North Richland Hills Police Department June 23, 2014 Client Services Department Government Payment Service, Inc. 7102 Lakeview Parkway West Drive Indianapolis, Indiana 46268 To Whom It May Concern: This letter shall confirm our agreement to become a Participant in the Project and obtain Services as more fully described in the Master Contract Between North Central Texas Council of Governments C'NCTCO(Y) and Government Payment Service, Inc. C'GPS ") {"Master Contract'), dated January 14, 2013 (all capitalized terms not otherwise defined in this letter shall have the definition assigned to them in the Master Contract). We understand and accept that your company's provision and the City's use of the Services are subject to the terms and conditions of the Master Contract, this engagement letter and any interlocal agreement between the City and NCTCOG. In particular, the City agrees to be bound by the Participant's obligations set out in the Master Contract. The City may at any time (i) authorize you to accept additional types of payments within the scope of the applicable Service Fees; {ii} cancel the processing through your company of any types of payments; {iii} modify the account {s} to which you direct payments to the City, or {iv} add other agencies, departments or sub - agencies within this governmental subunit ( "Affiliated Agencies ") to, or delete Affiliated Agencies from our use of the Services by specifying all such changes to GPS in writing. Any such changes will be subject to your acceptance and confirmation in writing and will require reasonable lead time to implement. For purposes of this paragraph, "in writing" shall mean via letter, email, or facsimile to the address included in this letter, or such other address as either of us may provide to each other. The term of this Engagement Letter shall not exceed the term of the Master Contract, unless the City and your company agrees in writing to continue Services beyond such term. We further understand that we may cancel our participation in the Project and the Services, without cause or reason, upon 30 days advance written notice to you via the method defined in the Master Contract. We also agree to send a copy of any cancellation notice to the NCTCOG. This Engagement Letter together with the Master Contract constitutes the complete agreement between your company and the City, supersedes any and all oral and written agreements between us relating to matters herein and may only be amended in a writing signed by both parties. Mark Hindman City Manager Cc: North Central Texas Council of Governments Date N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. C.0 EXECUTIVE SESSION ITEMS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. C.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. HA Announcements -Councilman Rodriguez Presenter: Announcements Everyone's invited to the Family 4th Fireworks Show on Friday, July 4th. The fun starts at 5 p.m. with kid's activities, food trucks, a tribute to veterans and more. Fireworks will begin at approximately 9:30 p.m. Free parking will be available at 6351 Boulevard 26 and at the Wiley G. Thomas Coliseum. Visit the Northeast Tarrant Chamber of Commerce website for more information or call 817 -281 -9376. City Hall and other non - emergency City offices will be closed on Friday, July 4th in observance of the Independence Day Holiday. The Library, Tennis Center and Senior Center will also be closed. The NRH Centre, NRH20 and Iron Horse Golf Course will remain open. Garbage and recycling will not be collected on July 4th. Friday's collections will be made on Saturday. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Noel Finch and Cheryl Booth of the Planning & Development Department — A builder sent an email expressing thanks to Noel and Cheryl for going out of their way to assist with an issue in a new subdivision. They both were courteous and helpful in working to remedy the issue and he greatly appreciated the assistance they so pleasantly provided. This was even more encouraging to hear because both Noel and Cheryl have been with the City of North Richland Hills only a few months. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -23 -2014 Subject: Agenda Item No. H.2 Adjournment