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CC 2014-08-25 Agendas
NRH NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TX 76180 AUGUST 25, 2014 WORK SESSION: 5:30 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss Items from Regular City Council Meeting 2. Introduction of New NRH Trail System Logo EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. 1. Section 551.072, Texas Government Code, to Deliberate the Purchase, Exchange, Lease or Value of Real Property in the Central Sector of the City. 2. Section 551.087 Deliberation Regarding Economic Development Negotiations in the Central Sector of the City. REGULAR MEETING: Immediately following executive session(but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION A.2 PLEDGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 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. August 25, 2014 City Council Agenda Page 1 of 3 A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. 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 Approve Minutes of the August 11, 2014 City Council Meeting. B.2 2015 Selective Traffic Enforcement Program Grant, Resolution No 2014-021 B.3 Courtesy Patrol Vehicle and Equipment Grant, Resolution No. 2014-020 B.4 To Authorize the City Manager to Executed DART License Agreements for Use of DART Right of Way for City Utilities C. PUBLIC HEARINGS C.1 ZC 2014-10 Public Hearing and Consideration of Request a equest from Waguih Guirguis for a Zoning Change from AG Agricultural and R-1-S Special Single Family to R-2 Single Family Residential Located at 8900 Martin Drive and a Portion of 8820 Martin Drive. C.2 TR 2014-03 Public Hearing and Consideration of Amendments to Article V, Division 4 of Chapter 118 of the North Richland Hills Code of Ordinances Regarding Commercial Architecture Standards. C.3 SUP 2014-07 Public Hearing and Consideration of a Request from J & J NRH 100, FLP for a Special Use Permit for a Detention/Retention Pond on 1.817 at the Southern Terminus of Bentley Drive. CONTINUED FROM THE AUGUST 11, 2014 MEETING, Ordinance No. 3319 C.4 Conduct a Public Hearing on the 2014/2015 Proposed Budget and the 2013/2014 Revised Budget C.5 Conduct a Public Hearing on the Fiscal Year 2014/2015 Proposed Tax Rate D. PLANNING AND DEVELOPMENT D.1 FP 2014-03 Consideration of a Request from J & J NRH 100 FLP for a Final Plat of Thornbridge East Phase V; Being 43 Single Family Residential Lots on 15.407 Acres Located at 7817 and 7909 Precinct Line Road. THIS ITEM WAS CONTINUED FROM THE AUGUST 11, 2014 CITY COUNCIL MEETING. E. PUBLIC WORKS E.1 Award a Construction Contract for the Meadowview Estates Channel Drainage Improvements Project to Humphrey & Morton Construction Company, Inc. in the Amount of$1,296,046.40. F. GENERAL ITEMS G. EXECUTIVE SESSION ITEMS H. INFORMATION AND REPORTS H.1 Announcements - Council Member Lombard I. ADJOURNMENT Certification It /s I do hereby certify that the above notice of meeting of the No 4Yclitlfnd HUN Ay y Council was posted at City Hall, City of North Richland Hills, Te < Win conyliance;SiOi1 Chapter 551, Texas Government Code on August 22, 2014 at 4:31 h I-44 I ell46.\.... i.' ‘i ti Al:7;'.,°,,.,:0Attl: 0 1 Atrok.0 y ecretary i i This facility is wheelchair accessible and accessible parking spaces are available. I 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. i G `a i 1 t i i 1 i 1 (. I t. I I f t; t f i MOM/PROM POSTING BOARD DAIL i►,'. 1.■ 1011Strik 0 , S i I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 M5 ISC IM21 I i Nk -919 05 From- The Office of the City Manager Subject- Discuss Items from Regular City Council Meeting Presenter: Summary. The purpose of this item is to allow City Council the opportunity to discuss any itern, on the regular agenda. General/ Description: The purpose of this standing item is to aflow City Council the opportunity to inquire about iternis that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. I Packet Pg. I "W 10101IJ ilk L' L' l ii i Nk - L' (From: The Office of the City Manager Subject: Introduction of New NIRIHI Traill System Logo Presenter: Vickie Loftice, Managing Director Summary. Staff will review a new NRf-1 Trails logo which will be used for marketing i and informational purposes,. The logo will also be placed on safety and regulatory signage along the train system. General) (Description With the completion of the John Barfield Tralill and the Calloway Branch Trail Later this month, the NRH trail system will have nearly 30 mines of trails located throughout North Richland Hills. The official openings of the trails also marks the completion of the 1994 )North Richland bills Trail System Master Plan. Completion of the Traill System Master Plan advances the city's vision of providing i a pedestrian and bicycle friendly community with interconnected trails, greenbellts and pathways that link neighborhoods, parks, schools, trains and adjacent cities. To )identify and market the trail system as a distinctive community asset and expand our entertainment and tourism brand, staff has developed a. NRIHI Trails logo that will used on informational and regulatory signs pllaced throughout the trash system. Branding of the trail furthers our efforts in communicating i a recreation and entertainment tourism culture and can also be used as a ` °quallity of Rife" recruitment tool. Staff will introduce the new (logo during the City Council Work Session with examples of how the (logo will be used. Packet Pg. 5 I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 M5 ISC IM21 I i Nk -919 05 From- The Office of the City Manager Subject- Section 551.072, Texas Government Code, to Deliberate the Purchase, Exchange, Lease or Vallue of Real Property in the Central Sector of the City. Presenter- Craig IHlulse, Director of Economic Development Summary. General Description: I Packet Pg. I I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 M5 ISC IM21 I i Nk -919 05 From- The Office of the City Manager Subject- Section 551.087 Defiberation IRegiarding Economic Development Negotiations in the Central Sector of the City. Presenter- Craig IHlulse, Director of Economlic Development Summary. General) Description: I Packet Pg. 7 I I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 N5 ISC IWO I i Nk -919 05 From- The Office of the City Manager Subject- Approve Minutes of the August 11, 20114 City Council Meeting. Presenter- Alicia Richardson, City Secretary Summary. The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council mieetingis. General) Description: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meetings are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. Recommendation. To Approve the August 11, 20114 City Council Meetings Minutes. I Packet Pg. 8 1 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHL►ND HILLS, TEXAS, HELD IIN THE CITY HALL, 7301 NORTHEAST LOOP 820 — AUGUST 11, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 1111th day of August 2014 at 6-30 p.m. lin the City Council Workroom, prier to the 7.00 p.m. regular Council meeting. Present- Tito IRodhgiuez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch, Council, Place 7 Absent. Oscar Trevino Mayor �Rita Wright Oujesky Mayor Pro Tern, Scott Turnagie Council, Place 6 Staff Members- Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Mlanagiling Director Vickie Loftice Mlanagiling Director Alicia Richardson City Secretary Georgie Staples City Attorney Mary Peters Pubfic Information Officer Kristin James Assistant to City Manager John Pitstick Director of Planning & IDevellopment Kyle Spooner Director of Information Services Larry Koonce Finance IDlirector Craigi Hulse Director of Economic Development Mark Mifls Director of Budget and (Research Carofine Waggioner Assistant Director - Engineering Mike Harnifin Assistant Police Chief Mike Young Assistant Police Chief Stan Tinney Fire Chief Kirk Marcum Assistant Fire Chief Gregi VanNllieuwenhulize Engfiineer Absent. Mark Hindman City Manager I Packet Pg. I City Council Minutes August 11, 2014 Page 2 of 13 Call to Order In the absence, of the Mayor and Mayor Pro Tem, the remaining Council members selected Tito Rodriguez as the Chairman to facilitate, the Council meeting. Chairman Rodriguez called the work session to order at 6.31 p.m. A.0 Discuss Items from IReaular Citv Council Meetin Council member Whitson inquired about item C2, SUIP 2014-03. In response to his question, Director of Plan6ing and IDevellopment John Ritstick informed Council the applicant and his son work on vehicles. Mr. Ritstick advised Council the appficant's son resides in the rental property located on the site. A.1 Provide an overview of the new agenda management system, Director of Information Services and City Secretary Alicia Richardson provided Council with an overview and tutorial of the new agenda management system. B.0 EXECUTIVE SESSION - The City Council may enter into closed (Executive Session as authorized by Chapter 5511, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time durincl the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meetingi City Council did not conduct an (Executive Session. C.0 Adjournment Chairman Rodriguez announced at 6.42 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER In the absence, of the Mayor and Mayor Pro Te,m, the remaining Council members selected Tito Rodriguez as the Chairman to facilitate, the Council meeting. Chairman Rodriguez called the meeting to order August 11, 20114 at 7.02 p.m. ROLL CALL IPacket Pg. Oil Present- Tito IRodrigiuez Tom Lombard Tim Barth David Whitson Tim Welch, Absent. Oscar Trevino Rita Wright Oujesky Scott Turnagie Staff: Mark Hindman Karen Bostic Paulette Hartman Jimmy Perdue Mike Curtis Vickie Loftice Alicia Richardson Monica Solko George Staples Absent. Mark Hindman A.1 INVOCATION Chairman Rodriguez gave the invocation. A.2 PLEDGE OF ALLEGIANCE City Council Minutes August 11, 2014 Page 3 of 13 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 Mayor Mayor Pro Tern, Council, Place 6 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managlingi Director Managlingi Director City Secretary Assistant City Secretary Attorney City Manager Chairman Rodriguez led the pledge of allegiance to the United States and Texas flags A.3 SPECIAL PRESENTATION AND RECOGNITION(S) There were no special presentations or recognitions. F-,'X, Me] h 0 M4 � RN �:1 0 *14 Z' k f-A Il [a] Z' I There were no requests to speak duringi citizen presentation. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA There were no items removed from the consent agenda. I Packet Pg. 1 IB.1.a City Council Minutes August 11, 2014 Page 4 of 13 B.0 APPROVAL OF CONSENT AGENDA ITEMS AIPPFtOVFn B.1 APPROVAL OF MINUTES OF JULY 26, 2014 CITY COUNCIL (MEETING B.2 APPOINTMENTS TO ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - RESOLUTION NO. 2014 -016 B.3 CONSIDER AMENDING CHAPTER 42 OF THE NORTH RIICHLAND HALLS CODE OF ORDINANCES BY REPEALING DIVISION 2 AND REVISING INTERNAL REFERENCES IN SECTION 42 -216 - ORDINANCE INO. 3326 B.4 APPROVE A CIITYJDEVELOPER PARTICIPATION AGREEMENT WITH AR+CADIA NRH4 HOME TOWN LLC FOR THE DEVELOPMENT AND CONSTRUCTION OF HOMETOWN CANAL DISTRICT AND RELOCATION OF A CITY HIKE AND BIKE TRAIL B.5 APPROVE THE ABANDONMENT OF A PORTION OF A UTILITY EASEMENT LOCATED WITHIN THE PARCHMAN ADDITION (LOT 1R1) AND THE ASSOCIATED QUITCLAIM DEED. - ORDINANCE INO. 3327 COUNCIL MEMBER LOBM,ARD MOVED To APPROVE THE CONSENT AGENDA. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. C.0 - PUBLIC HEARINGS CA TR 2014 -03 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO ARTICLE V, DIVISION 4 OF CHAPTER 116 OF THE NORTH RICHLAND HALLS CODE OF ORDINANCES REGARDING COMMERCIAL ARCHITECTURE STANDARDS. ORDINANCE NO. 3316. REQUEST TO CONTINUE THUS ITEM TO THE AUGUST 25, 2014 (MEETING APPROVED Chairman Rodriguez informed Council staff is recommending that Council open and continue the public hearings to the August 25, 2014 City Council meetings. Chairman Rodriguez opened the public hearing and called for a motion to continue to the public hearings. COUNCIL MEMBER LOMBARD MOVED TO CONTINUE THE PUBLIC HEARING TO THE AUGUST 25, 2014 CITY COUNCIL MEETING. COUNCIL MEMBER WHII'TSON SECONDED THE MOTION(. Packet Pg.12 IB.1.a City Council Minutes August 11, 2014 Page 5 of 13 MOTION To APPROVE CARRIED 5 -0. C.2 SUP 2014 -03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM R. LYNN MOTHERAL FOR A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING GREATER THAN 500 SQUARE FEET (LOCATED AT 7113 DOUGLAS LANE. CONTINUED FROM JULY 14, 2014 MEETING. ORDINANCE 3320 FA! j:ddlyl=1if Chairman (Rodriguez opened the public hearing and called on Director of IPlannling and CDevelopment. John Piitstick to present the item. Director of Planning and CDevelopment. John Pitstick summarized and presented item to Council. The applicant is requesting i a special use permit to allow a 1,000 square foot . metal building with full masonry on the east front facings side and metal on the remaining sides to be located on dingle- familly zoned R -11 -S. Mr. (Pitstick reviewed with Council the approval history of accessory buildings over 500 square feet since 2007 was seven. The (Planning and Zoning Commission at their July 17, 2414 meeting recommended denial by a vote of 5 -11 for a 100 % metal building. Applicant representative Lynn Motherall presented his request and was avalilablle to answer questions from Council. In response to Council member Whitson's question, Mr. Motheral advised that he owns both residences on the property. He confirmed that the structure would be (located behind the rental property and that his son is currently staying in the rental property. Chairman Rodriguez asked for anyone wishing to speak on the item to come forward There being i no one wishing to speak, Chairman (Rodriguez closed the public hearing. COUNCIL MEMBER WELCH MOVED To APPROVE SLIP '2014 -03, ORDINANCE No. 3320 1rt1iITH THE REQUIRED MASONRY IN THE FRONT AND METAL BUILDINGS ON THE OTHER THREE SIDES. COUNCIL MEMBER BARTHI SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. C.3 SUP 2013 -03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ZONE SYSTEMS, INC. FOR A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON THE CAMPUS OF FORT WORTH CHRISTIAN SCHOOL AT 6200 HOLIDAY LANE. ORDINANCE 3322 apppnvFn Chairman (Rodriguez opened the public hearing and called on Director of (Planning and CDevelopment. John Piitstick to present the item. Packet Pg.13 IB.1.a City Council Minutes August 11, 2114 Page 6 of 13 Director of Planning and (Development. John Plitstick summarized and presented item to Council. The applicant is requesting a special use permit to allow a new 104-foot telecommunications tower and associated equipment near the center of Fort. Worth Christian's campus,. The proposed monopole would double as a centerfielld Might for the campus's primary baseball field. The Planning and Zonlingi Commission at their July 17, 241141 meeting recommended approval by a vote of 6 -4. Applicant representative Peter Kavanagh presented request and was available to answer questions from Council. Chairman Rodriguez asked for anyone wisNng to speak on the item, to come forward There being i no one wishing to speak, Chairman IRodriguez closed the public hearing. COUNCIL MEMBER WHII'TSON MOVED To APPROVE SUP 20114 -03, ORDINANCE No. 3322 . COUNCIL MEMBER B,ARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. CA SUP 2014 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM FORT WORTH CHRISTIAN SCHOOL AT 6200 HOLIDAY (LANE FOR A SPECIAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A CHAPELIAUDITORIIUM WITH LESS THAN THE REQUIRED 85 PERCENT MASONRY COVERAGE. ORDINANCE 8828 apppnvFn Chairman IRodriguez opened the public hearing and called on Director of (Planning and Development. John Plitstick to present the item. Director of Planning and Development. John Pitstick summarized and presented item to Council. The applicant is requesting a special use permit to allow construction of a chapel/auditorium, of non - masonry building materials in excess of 15 % of the building's ffaade. The Planning and Zonlingi Commisslion at their July 117, 241141 meeting recommended approval by a vote of 6 -4. Applicant representative (Russ Garrison with Sedalco Construction Services (located at 25541 East Long Avenue, Fort Worth, presented request and was available to answer questions from Council. Mr. Garrison advised Council that (Michael Hoffer with IHlonfeld, Hoffer, Standford Architectural Firm and Fort. Worth Christian President. Kelly (Moore were also present to address any questions,. Chairman Rodriguez asked for anyone wisNng to speak on the item, to come forward. There being i no one wishing to speak, Chairman IRodriguez closed the public hearing. Packet Pg. I4 IB.1.a City Council Minutes August 11, 2014 Page 7 of 13 COUNCIL MEMBER LOMB,ARD MOVED TO APPROVE SUP 2014 -08, ORDINANCE NO. 3323. COUNCIL MEMBER WHITSONI SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. C.5 SDP 2014 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RACK FIGUEROA FOR A SPECIAL DEVELOPMENT PLAN FOR A CUSTOM METAL FABRICATION BUSINESS WITH SCREENED OUTDOOR STORAGE LOCATED AT 6428 DAVIS BOULEVARD. ORDINANCE 3324 APPROVED Chairman (Rodriguez opened the public hearing and called on Director of (Planning and Development. John Plitstick to present the item. Director of Planning and Development. John Pitstick summarized and presented item to Council. The appllicant's request provides for the renovation of a building located at 6428 Davis Boulevard formerly occupied by Precision IPackaging. The applicant is proposing light manufacturing i and industrial uses in the 18,000 square feet building i with maximum allowable storage area in 50' %a of the building i square footage. Appllicant is proposing the outside storage area will be located behind the existing building and include a masonry- screening wall on the far east slide of the property. The request includes architectural / product display pad along (Davis Boulevard, which will be approved by the Sign (Review Committee; 100'% metal panel on the north, east and south elevations; deferral of landscape plan requirement to the building i permit stage; and variance from street and new civic / open space along east side of property. The Planning and Zoning Commisslion at their Jolly 117, 2014 meeting recommended approval by a vote of 6 -0, subject to a minimum 26 gauge metal panel walls, six -foot slidewallk with wheel stops and recommendation that the applicant work with staff on a tree survey and low shrub landscaping along the (Davis frontage, which may be deferred to building permit. In response to Council's question regarding staff's preference with regard to the landscape plan, Mlr. Plitstick advised that staff would prefer applicant replace any salvageable trees with the same caliper finches on site or contribute to tree preservation fund. Appllicant Rick Figueroa, 8800 Kirk Lane, North Rlichlland Hllillls, presented request and responded to questions from Council. Chairman Rodriguez asked for anyone wishfing to speak on the item, to come forward. There being i no one wishing to speak, Chairman (Rodriguez closed the public hearing. Packet Pg. 1 5 City Council Minutes August 11, 2114 Page 8 of 13 COUNCIL MEMBER 'IIIIHITS©NI MOVED To APPROVE SDP 2014 -01, ORDINANCE NO. 3324 TO INCLUDE THE RECOMMENDATIONS OF STAFF AND THE PLANNING AND ZONING COMMISSION. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. C.f SUP 2014 -07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J & J NRH 1 aa, FLP FOR A SPECIAL USE PERMIT FOR A DETENTIIONJRETENTION POND ON 1.917 AT THE SOUTHERN TERMINUS OF BENTLEY DRIVE. CONTINUED FROM THE JULY 14, 2014 MEETING. ORDINANCE 3319 CONTINUED TO AUGUST 25, 2014 CITY COUNCIL (MEETING Chairman Rodriguez unformed Council the applicant has requested that Council continue the public hearings to the August 25, 2014 City Council meetings. Chairman Rodriguez opened the public hearing and called for a motion to continue the public hearing to the August 25, 2014 . City Council meeting Council member Lombard moved to continue the public hearing to the August 25, 2014 City Council meeting. Council member Welch seconded the motion. MOTION TO APPROVE CARRIED 5 -0. D.0 - PUBLIC WORKS D.1 FP 2013 -01 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP FOR A FINAL PLAT OF THORNBRIDGE EAST PHASE V; BEING 43 SINGLE FAMILY RESIDENTIAL LOTS ON 15.407 ACRES LOCATED AT 7917 AND 7909 PRECINCT LANE ROAD CONTINUED TO AUGUST 25, 2014 CITY COUNCIL IMEETING Chairman Rodriguez unformed Council the applicant has requested that Council continue FP 24113 -01 to the August 25, 24114 City Council meeting. COUNCIL MEMBER WELCH MOVED TO CONTINUE FP 21114 -03 TO THE AUGUST' 25,. 2014 CITY COUNCIL MEETING. COUNCIL MEMBER WHlITSON SECONDED THE MOTION(. MOTION TO APPROVE CARRIED 5 -0. =K1M WJ -t III [9ST11670:4 -'1 There were no litems for this category. IB.1.a Packet Pg.1!fi IB.1.a City Council Minutes August 11, 2114 Page 9 of 13 011KC] =1►W Cy-1 11111111119':4'i [� F.1 SETTING THE DATE FOR THE PUBLIC HEARING FOR THE FY 2014/2015 CITY BUDGET, FY 201312014 REVISED CITY BUDGET, PROPOSED PROJECTS AND OPERATIONS OF THE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION, AND THE CRIME CONTROL AND PREVENTION DISTRICT FA U U .delTJ =1 if Director of Budget and Research (Mark IVllillls summarized and presented item to Council. The purpose of the item, is to set the dates of the public hearings for the Fiscal Year 241412415 City Budget and Rscal Year 2013/2014 revised City Budget, proposed projects and operations of the (Park and (Recreation Facilities (Development Corporation, and the Crime Control and Prevention IDistrict. Mr. Mlillls informed Council a copy of the proposed budget has been filed with the City Secretary's Office, a copy provided to the City Library and an electronic copy has been posted to the City's website. Council did not have any questions for Council. COUNCIL MEMBER LOMBARD MOVED TO SET THE PUBLIC HEARINGS AS AUGUST 25, 2014 AT 6:15 P.M. FOR THE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION(, 6:34 P.M. FOR THE CRIME CONTROL AND PREVENTION DISTRICT„ AND 7:00 P.M. FOR THE ANNUAL CITY BUDGET. COUNCIL MEMBER WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.2 SETTING AUGUST 25, 2014 AND SEPTEMBER 8, 2014 AS THE DATES FOR THE TAX RATE PUBLIC HEARINGS AND VOTE ON PLACING THE TAX RATE ADOPTION ON THE AGENDA OF THE SEPTEMBER 22, 2014 CITY COUNCIL (MEETING Director of Budget and Research (Mark IVllillls summarized and presented item to Council. Mr. IVllillls informed Council that state law requires the governing i body to vote to place the adoption of the tax rate on a future City Council agenda as an action item. The proposed tax rate is 610 per $100 of taxable valuation. This is the same as the currently adopted tax rate of 61 0. Council did not have any questions for staff. COUNCIL MEMBER BARTHI MOVED TO SET' THE PUBLIC HEARINGS FOR AUGUST' 25, 2014 AND SEPTEMBER 8, 2014 AS THE DATES TO CONSIDER THE PROPOSED TAX RATE OF 61 CENTS PER $100 OF TAXABLE VALUATION AND TO PLACE THE ADOPTION OF THE TAX RATE AS AN I ACTION Packet Pg.1'7 City Council Minutes August 11, 2014 Page 10 of 13 ITEM ON THE MONDAY, SEPTEMBER 22, 2014 CITY COUNCIL AGENDA. COUNCIL MEMBER 'IIIIHITSONI SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. F.3 CONSIDER RESOLUTION TO SUPPORT A COMPREHENSIVE, COORDINATED, INTERAGENCY APPROACH TO FREEWAY INCIDENT MANAGEMENT. - RESOLUTION INO. 2014-019 apppnvFn Assistant Police Chief Mike Hamlin summarized and presented item to Council. Mr. Harnfin advised that the North IRlichland Hills Police Department anticipate applying for grant funds in the near future that will be used to acquire a courtesy patrol) -type vehicle. This vehicle will be utilized along the North, Texas Express (NTE) corridor, other thoroughfares in North Richland Hills, and adj6ining cities. In order to be eligible for grant funding, the City must have a resolution in place supporting the comprehensive, coordinated, interagency approach to freeway incident management. Council did not have any questions for staff. COUNCIL MEMBER LOMBARD MOVED TO APPROVE RESOLUTION No. 2014-019 . COUNCIL MEMBER BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. G.0 - EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA. Council did not conduct an Executive Sesslion. I I: KIM I ► 11410 i F-11 0 Is] L' F-Al I'Ll I 1111IN 4:L41;4l &I H.1 ANNOUNCEMENTS Councilman Welch made the following announcements. The NRH Centre is holding )indoor triathlons on Thursday, August 14 and Saturday, August 16 starting at 7-00 a.m. Participants wffl compete in swimming, cycling and running. Please visit or call the NRH Centre for additional information. I Packet Pg. 1 8 City Council Minutes August 11, 2014 Page 11 of 13 The fall softball season begins September 8 and registration is underway for adult softball leagues. Visit the Athletics Divnsion webpage or call 817-427-6,6,19 for additional information. Carter Blood Care will be hold a blood drive at the NRH IPubllic Library on Monday, August 25 between 11.45 a.m. and 5.30 p.m. Please stop by the Community Room to donate. Please caul the Library at 817-427-6800 for additional information. Kudos Kornier Volunteer Rachielle Jones and the staff of the Animal Adoption & IRescue Center - After a matted dog came unto the center as a stray, it was learned that the owner was a terminally ill woman who was in the hospital. The center personnel used donations to get the dog groomed and vaccinated so that her husband would not have to worry about these things and focus on caring for his wife. The husband emailed his thanks and appreciation for the kindness shown by the shelter personnel and in particular RacheUe. "'Her demeanor could not have been any better and her obvious concern for the NRH citizens, both human and animal, is commendable," he said. I (left the facility wrath a smile on my face and a warm spot lin my heart." �: W�-,I 131611JO LI I ►i 14 ► Ill I Chairman Rodriguez adjourned the meeting at 8-16 p.m. Oscar Trevino - Mayor ATTEST: Alicia Richardson, City Secretary I Packet Pg. 9 I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 M5 ISC IM21 I i Nk -919 05 From- The Office of the City Manager Subject- 20115 Selective Traffic Enforcement Program Grant, Resolution No. 2014-021 Presenter- Mike Young, Assistant Pofice Chief Summary. The Texas Department of Transportation (TxDOT) provides grant programs to support the mission of the Selective Traffic Enforcement Program, (STEP), whiich, is to reduce the number and severity of vehicu[ar crashes throughout the state. The North Richland Hills Police Department has received notification from TxDOT that grant funds have been allocated under the STEP 2015 Program to reimburse for overtime hours incurred while conductingi enforcement for speed compliance, increased DWI enforcement and intersection control. General Description: To receive the grant funds, the City of North Richland IHlillls is required to enter into a grant agreement with TxDOT. The City of North (Richland Hills agrees to fund overtime for 928 projected additional man-hours targeting speed compliance, impaired drivers and intersection control throughout this period. The Police Department will seek reimbursement from TxDOT at the conclusion of each month for overtime and mileage costs incurred each month. The maximum amount of the grant is $68,,027.23. The Cfty's matching amount of $19,,504.11 represents 28.7% of the total wages and 100% of the administrative costs for the program, veHcIe costs, etc. The Grant becomes effective on the date of final signature of both parties and ends on September 30, 2015, unless terminated or otherwise modified. The attached resolution will authorize application for the grant and appoint the City Mlanagier as the agent to act for the City relative to the grant. Recommendation. Approve Res6lution No. 2014-021 IPacket Pg. 2 01, "W 10 *61101101[01',1 ►141WQ11E1111 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HALLS APPROVING SUBMISSION OF GRANT FOR THE STEP 2015 PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RIICHLAND HILLS, TEXAS: WHEREAS, The City of North (Richland Hlillls, Texas possesses legal authority to apply for the STEP 2015 Program Grant and make appointments for the conduct of business relative to the Grant;.. and WHEREAS, The City Council of North (Richland Hllillls finds it in the best interest of the citizens of North (Richland Hlillls to provide for increased enforcement for speed compliance and additional enforcement hours targeting i impaired drivers during fiscal year 2015. . WHEREAS, The City Council of North Rlichlland Hllillls finds that these two violations of the law unquestionably cause our citizens injury and property damage. WHEREAS, The City Council of North (Richland Hllillls agrees to fund overtime hours to provide for this addlitnonal enforcement during fiscal year 2015, lin anticipation of reimbursement from the Texas Department of Transportation as set forth in the Grant Agreement. WHEREAS, The City Council of North (Richland Hllillls designates City Manager Mark Hindman as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, after or termJinate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, that the City Council of North Rlichlland Hlillls approves submission of the grant for the STEP 20115 Program. (PASSED AND APPROVED this the 25'� day of August, 20114. Packet Pg. 21' I UDL "W NOKTH KICHLAND WLLS CITY OF NORTH RICHLAND HILLS M 1 -"'160 *iii Alicia Richardson, City Secretary Oscar Trevino, Mlayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney Fil a =1417A '4 DIF-Aa 11SX001 L' 19 ' 4 L' 16 Jimmy Perdue, Public Safety Director I Packet Pg. 22 13.2.a City oaf INorth Richland (Hills STEP 2014 BUDGET SUMMARY Budget Category TxDOT Match Total Category II - Labor Costs (100) Salaries $43,398.00 0 $43,398.00 (286) Fringe (Benefits $5125.12. $14508.7 $19,633.49 Category I Sub-Total $48523.12 $14508.37 $613,631.49 Category (III - Other Direct Costs (300) Travel $0 $1461.24 $1461.24 (400) Equipment $0 $0 $0 (500) Suuppllies $0 $1,534.50 $1534.50 (600) Contiractuaall Services $0 $2,000.00 $2,0100.00 (786) Other Miscellaneous $0 $0 $0 Category II 'Suib -Total $6 $4995.74 $4995.74 Total Direct Costs $48523.12 $19504v11 $68,627.23 Category III - Indirect Costs (800) Indirect Cost (Rate $0 $0 $0 Summary Total Labor Casts $48523.12 $14508.37 $613,631.49 Total Direct Costs $6 $4995.74 $4995.74 Total (Indirect Costs $6 $0 $0 Grand Total $48523.12 $19504.11 $68,627.23 Fund Sources (Peirceint Share) 71.33 28.67% Packet Pg. 23 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TER-NIS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. when required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A- 110); OMB Circular A -87; OMB Circular A -102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133- and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant-, and that a resolution, motion, or siluilar action has been duty adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all tinderstandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended-, 42 USC (United States Code) §§4601 et seq., and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's iniiiiinitin wage and overtime requirements for employees perforining project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conseivation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.,- the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.- and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. 'The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies I Packet Pg. 24 have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agr -ees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 'The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of 'Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the 'Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgiantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the'Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the 'Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. 'The method of payment for this Agr-eement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Pro9ect Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B heretinder. If Attachment E, 'Traffic Safety Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgiantee's expenditures may ovellun a budget category (L II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the oveinin does not exceed a total of five (5) percent per year of the maxinitim amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. 'This overrun must be off-set by an equivalent underian elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department prior to the Request for Reimbursement being approved. This notification must be in the form of an attachnient to the Request for Reimbursement that covers the period of the overrun. This attachment must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overriin of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Prcject Budget requires an amendment of this Grant Agreement. The inaxiiiiiiiii aniotint eligible for reimbursement shall not be increased above the Grand 'Total TxDOT Amount in the approved Preject Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants ordV: In Attachment E of the Grant I Packet Pg. 25 Agreement, Traffic Safety Project Budget (Form 2077-LE,), Subgrantees are not allowed to use underrun ftinds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the 'TxDOT aniotint listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun ftinds from the TxDOT amotint of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory 13, "PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with undeirtin funds fi -ont Budget Categories II or III. C. To be eligible for reimbursement tinder this Agreement, a cost must be inctirred in accordance with Attachnient E, 'Traffic Safety Project Budget, within the time frame specified in the Grant Period on Page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or 'TxDOT ftuids cannot supplant (replace) funds from any other sources. 'The term .,supplanting," refers to the use of federal orTxDOT Rinds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred wider this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Institutions of Higher Education; • A-87, Cost Principles for State, Local, and Indian Tribal Governnients; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachnient D, Action Plan, within thirty (30) days after the end of the billing period. The Subgrantee will use billing forms acceptable to the Department. 'The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Department address shown on Attachnient A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup doctimentation, plus three (3) copies of the Request for Reimbursement without backup documentation, must be submitted to this same address. G. 'The Subgrantee agrees to submit the final Request for Reimbursement tinder this Agreement within forty-five (45) days of the end of the grant period. H. 'The Department will exercise good faith to make payments within thirty (30) days of receipt of property prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated ftuids. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period, which is specified on page I of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Stibp,-aiitee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assurned some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs ilictirred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgialitee, giving notice of intent to teiniiiiate this Agreement, as specified in Article I I of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, I Packet Pg. 26 ) utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page I of this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work-, the Department shall so advise the Subgrairtee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written giant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subp-antee shall make such revisions as requested and directed by the Department. 'This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instinct the Subgiantee to make such revisions as are necessary to bring the work- into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgialitee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrairtee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, as designated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will subinit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgiantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a inininitim: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, oveii-Lins, or high unit costs. The Subgrantee shall subluit the Final Performance and Administrative Evaluation Report electronically within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance meastires, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. I Packet Pg. 27 ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page 1 of this Grant Agreement. The Subgrantee farther agrees to retain said records for four (4) years from the date of filial payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever accurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. 'This right of access is not limited to the four (4) year period bill shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harlilless, the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. 'The Subgrantee also agrees, to the extent permitted by law, to ilidenillify, hold, and save harmless the Department from any and all expenses, including bill not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgralitee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save hainiless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either conuilission or omission on the part of the Subgrantee. If the Subgrantee is a governnient entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Prop-am Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties, or • There is a written thirty (30) day notice by either party-, or • 'The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page I of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not inctir nor be reimbursed for any new obligations after the effective date of telinination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative I Packet Pg. 20 thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed lieretinder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgaiitee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 50l2, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations. The state auditor may conduct an audit or investigation of any entity receiving ftinds from the state directly tinder this Agreement or indirectly through a subcontract tinder this Agreement. Acceptance of funds directly tinder this Agreement or indirectly through a subcontract tinder this Agreement acts as acceptance of the authority of the State Auditor, tinder the direction of the legislative audit conitilittee, to conduct an audit or investigation in connection with those fiends. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility tinder this Agreement. ARTICLE 15. GRATUITIES Texas 'Transportation Coniniission policy mandates that employees of the Depaitnient shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. 'The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department tinder this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgialitee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, conuitission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgaiitee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, conniiission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF' INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgaiitee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. I Packet Pg. 29 ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain stich personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrairtee, who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Sub grantee shall ftu-nish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property ftirnished to it by the Department or ptirchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedtires are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: * 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or * 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished doctitnents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies ptirchased with giant fiends shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared tinder this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. hitellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All i-ights to Departnient. 'The Departinentsliall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof tiriless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgi-antee. Classes and materials initially developed by the Subgrantee, without any type of ftinding or resource assistance from the Department remain the Subgrairtee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgiantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgiaiitee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21, 23 CFR, I Packet Pg. 30 Subchapter C- and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to p I as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Oppoittinity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Pall 60). B. Nondiscriniiiiation: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: hi all solicitations either by competitive bidding or negotiation made by the Subgaiitee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations tinder this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: 'The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall perinit access to its books, records, accounts, other sotirces of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. 'Miere any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to ftirnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. hicolporation of provisions: The Subgrantee shall include the provisions of paragraphs A. throtigji E. in every subcontract, including proctirements of materials and leases of equipment, oarless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any Subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgi-antee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of stich direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state, and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the oppoittinity to participate in the performance of agreements financed in whole or in part with federal founds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agi-eenient as follows: -The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opporttinity to participate in the performance of agi-eenients and subcontracts financed in whole or in part with federal funds. hi this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opporttinity to compete for and perform agreements and subcontracts. • 'The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements founded in whole or in part with federal founds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or I Packet Pg. 31 other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/S-USPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency-, 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for conimission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction, violation of federal or state antitrust statutes, or conin-lission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property-, 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governniental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article, and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is curable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. 'The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgiaiitee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to ftirnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgialitee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, giant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclostire Form to Report Lobbying," in accordance with its instructions. C. The Subgrairtee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, 'Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgialitee certifies that it either will go I Packet Pg. 32 to the Depaitinent's, website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Depaitnient . The Subgrantee is responsible for keeping the Child Support Statement unTent and on file with that office for the dtiration of this Agreement period. The Subgi-antee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section ?31.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement inay be terininated and payment may be withheld if this certification is inacclirate. The forin for the Child Support Statement is available on the Internet at: littp://www.dot.state.tx.us/cso/default.htm. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's, compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of per repofts, • telephone conversations • eGrants system messaging • e-mails and letters • qiiarterly review meetings • physical inspection of project records and supporting docinnentation. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reiniburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the i-naxinium. amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met Review project accornplishments, (performance measures cornpleted, targets achieved) • Doctiment any progress towards self-sufficiency • Accotuit for any approved Program Income earned and expended • Identify exemplary performance or best practices. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant,, inchiding fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) foully completed with the most ciuTent information, and within the required times, as defined in.,ki-ticle -1 and ,Arficle'7 of the General Terms. and Conditions of this Grant Agreement. This includes reporting to the Department oil progress, achievements, and problems in i-nouthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (R-FR). C. Attend Department-approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of I Packet Pg. 33 activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI E) activities. Salaries being claimed for PI &E activities must be included ill the budget. F. When applicable, all newly developed PI &E rnaterials niust be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to filial production. Refer to the Traffic Safety Program Manual regarding P1&.E 1,.,srocedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will ill no way supplant (replace) funds from other sources. Supplanting refers to the use of federal ftinds to support personnel or any activity already supported by local or state ftinds. J. Ensure that each officer work-ilia oil the STEP project will complete all officer's daily report 0j form. The form should include at a minimuni: lianle, date, badge or identification number, type of grant worked, grant site nurnber, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reirribursed for enforcement duty, unless the Subgrantee received specific written authorization from the Departi-rent, through eGrants system messaging, prior to incurring Costs. L. Subgrantee may work additional STEP enforcement hours oil holidays or special events not covered under the Operational Plan. However, additional work niust be approved ill writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported ill the Performance Report for the time period for which the additional hours were worked. M. If all officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer call continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. 0. Prior to conducting speed enforcement, the Subgrantee niust select and survey enforcement sites that comply with existing state mandated speed limits ill accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained ill the use of radar or laser speed measurement devices. Q The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy ill place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement inust be trained ill the National Highway Traffic Safety Achiiiiiistratioil/hitematiolial Association of Chiefs of Police Standardized Field Sobriety I Packet Pg. 34 Testing (SFST). In the case of a first year subgralitee, the officers must be trailied, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers work-ilig DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for colitactilig and using drug recognitiork experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On-lille Reporting System available through the Buckle Up Texas Web site at wwwbuckleuptexas.coni. I Packet Pg. 35 "W 10101IJ ilk L' L' S l 2 i Nk - L' (From: The Office of the City Manager Subject: Courtesy Patrol Vehicle and Equipment Grant, (Resolution No. 20114- 020 Presenter: Mike Hamlin,, Assistant Police Chlief Summary. The interchange of Northeast Loop 824, SH 1121, and SH 183 has contributed substantiallly to traffic congestion problems in the past. The City of North Richland IHlillls is strategfiicallly located immediately in and adjacent to this interchange and will have easy access to both the managed and non - managed Lanes of the new North Tarrant Express freeway system. The Police Department has been made aware of the 2414 Incident. Management. IEquipment Purchase (Proposed Call for Projects Grant through the North Central Texas Council of Governments (NCTCOG). A total of $1,250,000 has been made available for the purchase of equipment and technology to aid cities in mitigiating non - recurring traffic incidents. The Police Department is seeking i authorization to apply for and receive grant funding i to purchase a Courtesy Ratrol Vehicle to be used for this purpose. General IDescrir)tion (Freeway congestion resulting from non- recurrent events (crash, stapled vehicle, flat tire) can be quickly mitigated, provided the right equipment is available. The IPolice Department is seeking grant funding i to purchase a Courtesy Patrol Vehicle to be utillized on the multi- jurisdlictional patrol route along Northeast Loop 820, &IHI 1211, and H 183 encompassing the cities of North Richland IHIIifls, Haltom City,.. Hurst,.. and Richland Hills (see map Attachment. A). The Courtesy (Patrol Vehicle will be equipped as an authorized emergency response vehicle capable of responding i with flashing lights and siren to facilitate rapid responses to critical incidents. Additional) speciallized equipment will include a wrecker -style push bumper to remove obstructing i vehicles; an on -board air compressor and tire changiling toolls; a telescoping arrow board, and 36" reflective traffic cones. The (Police (Department is seeking authorization to apply for and receive available funding through NCTCOG's 24 114 Incident Mlanagiement Equipment Purchase Proposed Call for Projects Grant. It is anticipated the project will cost $78,028 and that 100 % of the program costs will be covered by the grant. Packet Pg. 36 "W Approve NResdution Nlo. 2414 -020 Packet Pg. 37 I UDL "W NOKTH KICHLAND WLLS M *M 10110 I101 L' III L' ISM-ZIM 1111KII WHEREAS, the North Central Texas Council of Governments has issued the 2014 Incident Management Equipment Purchase Proposed Call for Projects for the purchase of equipment and technology used in mitigating crashes; and WHEREAS, The North, (Richland Hills Police Department is seekingi authorization to apply for and receive grant funding to purchase a Courtesy Patrol Vehicle to be used in m,itigiating freeway crashes and incidents; and WHEREAS, The City Council of North (Richland Hills finds it lin the best interest of the citizens of North, RicKland HJfls to authorize the application for such grant and to agree to the condition that such funds will be returned to the NCTCOG in full lif not used as provided by such grant; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: Section 1: That Public Safety (Director Jimmy Perdue is authorized to submit an application for the NICTCOG 20114 Incident Mlanagement Equipment Purchase Proposed CaUl for Projects Grant and to accept, reject alter or terminate such grant on behalf of the City. PASSED AND APPROVED this the 25th day of Augiust, 2014. CITY OF NORTH RICHLAND HILLS M F- "'160 *iii Oscar Trevino, Mlayor I Packet Pg. 38 I UDL "W NOKTH KICHLAND WLLS Micia Richardson, City Secretary Fil l:1 =1417A ' 4 IT-Aa 116111610 �i wil , I Ij I *YA 4 1 Va George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director I Packet Pg. 9 M ATTACHMENT A #4 0, ,"q #1 - NE Loop 820 from 1-35 to SH 1831SH J, F R'Oiillwr' Vil W" 1" 9 Od , 121 iinteirchange, - 12.6 mines (6.3 miles each direction) a'r - I ncludes parts of Haftorn City and North IRichlanid HOls #2 —'8H 121 from Beach St. to NE Loop 820 interchange; -18.2 mines (6.6 mines each direction) ji - Includes parts of Haltom City, North Richland Hills, and Richland Hills #3 —Loop 820 from 7661ty Blvd to SH 1211 183 merge: 1.2 miles (.6 miles each direction) Includes Richland H ills #3 G A — SH 1831SH 121 from NE Loop 8210 Interchange to Birowin T14il: ry 6.0 imliles (3.0 miles each direction) I nidl U d es parts of H u rst, North 0000 Nchland Hills, and Richland Hills #2 M0 V Y'r"Aw Total Freeway Hiles: a A" 33.10 Miles Agog FMI I Packet Pg. 4C1 I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 N5 ISC IM21 I i Nk -919 05 From- The Office of the City Manager Subject- To Authorize the City Manager to Executed DART License Agreements for Use of IDAIRT IRlight of Way for City Utilities Presenter- Mike Curtis, Managingi Director Summary. Council is being requested to consider approving eleven new DART License Agreements that will replace eleven existingi agreements which allow the city to have its utilities within portions of DART's right-of-way. General) IDescri0ion . The City of North IRichlland Hills and other utility owners have obtained approval over the years to have utilities located within DART right -of -way (ROW). Most of the city utilities do not parallel the railroad tracks (afthough there are a few); they are simply crossings to get to the other side of the tracks. Over the years North, Richland Hills has obtained permisslion from DART for eleven ROW encroachments for various utilities. Previously IDAIRT did not charge a (ROW Use Fee for the encroachments however staff has recently been )informed that DART has established a new rate structure based on industry standards for the use of its ROW. The new rate structure now includes chargingi an annual fee to all Utility Owners who have utilities located within DART ROW. The IDAIRT fee structure has different rates for the different types of utilities. The rates also vary with regard to the size of the utility line. For example a 4" diameter to 36" diameter pipe making a transverse crossing (perpendlicular to the tracks) varies from $1,180 to $3,580 per crossing, per year. If the utility line runs parallel to the tracks the fee could range from $2.30 per linear foot per year to $8.35 per foot per year. For North Richland Hills, when all eleven agreements are factored, the annual cost owed to DART will be $30,080 per year based on the new rate structure. Since DART did not previously charge a ROW Use Fee they are proposingi a graduated scale for the first four years to make it easier for the Utility Owners to factor in the new rates into future budgets. The table below shows how the graduated fee scale will impact North, Richland Hills. I Packet Pg. 1 I UDL "W NOKTH KICHLAND WLLS FY 4 FYI 5 FYI 6 FY 17 FY 18 $ 0 $7,558 $15,066 $22,074 $30,030 As shown in the table above the total fee will begin Ilow and then reach the fee established in the new fee structure in FY 18. Each year after FY 18 the fee will be increased by 2.5%. So for FY 19 the fee will be $30,781 (2.5% higher), then 2.5 %a higher each subsequent year. The fee for a particular year is due at the beginning of that fiscal year on October 1 st. This agenda item will cover all eleven licenses agreements. The only difference between each agreement is the size and location of the utility crossing. Council is being asked to approve each agreement. Agreement No. Utility typelsize Annual Fee (FY 18) 1. 220697 10" Sanitary Sewer $ 1,800 2. 220699 10" Sanitary Sewer $ 1,800 3. 220700 8" Sanitary Sewer $ 1,500 4. 220701 12" Water $ 2,9119 5. 220702 30" Sanitary Sewer $ 3,420 6. 220703 24" Water $ 3,260 7. 220704 10" Sanitary Sewer $ 2,114 5 8. 220705 24" Sanitary Sewer $ 2,360 9. 220706 12" Water $ 2,535 10. 220707 8" Sanitary Sewer $ 1,500 11. 220708 48" Storm, Drain $ 6,840 $30,030 As mentioned above a graduated fee scheduled wflll be used so for FY 20115 the city wflll owe $7,,558.00. This will be paid from the Public Works Operation's budget. Recommendation. Authorize the City Manager to Execute DART License Agreements for Use of DART Right of Way for City Utilities IPacket Pg. 1 LTC N a IN I ON 11111989WININ IN W WIN] ORM.N.A.M.14.11S I THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT Li cell sor"), as regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and the CITY OF NORTH RICHLAND Hl[,,LS ("Licensee"), a Texas municipal corporation acting herein by arid through its duly authorized official, whose mailing address is 11.0. Box 8206,09, North Richland 1- fills, Texas 76182-0609. ["IJISLIU111, W an dg1CVu1C1Jt between Livcusor and I"t, Wurth & Western Railmad, (he teinaftel: tile "Railroad"), freight railroad operations exist on Licensor"s, corridor. 1, Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating two (2) 48-inch corrugated metal pipes for storm sewer water (the "Permitted Improvement") crossing the Cotton Belt Railroad Line approxiniately 634 feet northeast of Lool') 820 NE, at Mile Post 625.60, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Lxhibits "A-l" and "A-2", dated April 6, 2000 and undated, respectively, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the " "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to (tie Permitted I..Jse and the permitted Improvenient. 2. Term. This License shall begin on the V day of October, 2014 (the "Term") and Continue thereafter until terminated by either party, as provided herein. 3. Consideration. 3.01, The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the Following License Fee: October 1, 2014 $1,710.00 October 1, 2015 $3,420.00 October 1, 2016 $5,130 00 October 1, 2017 56,840.00 October 1, 2018 $7,011.00 annually in advance, payable on October I (the "License Fee"), and (b) the payment annually of the License Fee on October I' of all succeeding years afler 201 , based on the annual payrnent oil October 1, 2018, PROVIDED, HOWEVER, that the License Fee shall be a(tjusted annually beginning October 1, 2018 by a Cost of Living Adjustment in the amount of2,5% ofthe License Fee and (c) the performance by Licensee of each of tile obligations undertaken by Licensee in this License. 3.01 Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of $25.00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of' 18% per atillUrn frorn the date it was due until it is paid, in addition to the late charge. North Richland Hills --NF of G oop 820 NF, l of 6 121 4 -incty (NI's for storm scwcr ",ater We Post 625,60 IPacket Pg. 3.04. Acceptance of any License Fee by Licensor after written notice ofterinination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License, 4. Non Exclusive License. This License is 11011-eXCIUSiVC and is Subject to (a) any, existing utility, drainage or cointriunication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or connnunication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered C(lUipinent. Notwithstandirig Licensor's inclusion within its systern of measures designed toa reduce stray current which May CaLISC corrosion, Licensee is hereby warned that such measures may not prevent electrical current! being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to tile, Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance ofthe Pennitted Irnprovernent on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the permitted linprovernent as required shall be made a part of the design and construction of the Pennitted I in prove rnent. 5.02, During the design phase and prior to cornniencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of t he construction, any cathodic protection rneasures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld, No work shall commence until said plans have been approved by Licensor. 5,03. By acceptance of this License, Licensee agrees to design, construct and inaintain the permitted fir provenient in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any dainages which rnay arise by reason of Licensee's use of the Property. 5.04, By acceptance of this License, Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Iniprovenient is necessary and if" it is or should becorne necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06, Licensee shall provide to Licensor final construction drawings ("as-builts"') that are signed and scaled by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at, its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. North Richland I Ifl Is NI.,OrIA)op820NE 2 of 6 (2) 48 -inch CN41's for stonn sewer water Mile Post 625.60 IPacket Pg. 7, Licensor's Standard Contract and Insurance. No work ()it the Property shall he commenced by Licensee or any contractor for Licensee until such I.Jcensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage In Such amounts all(] types as shall be satistlactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work oil (lie Property. 8. Duty of' Care in Construction. Licensee or its contractor shall use reasonable care during the COTIStrUCtiOn period and thereafter, to avoid darnaging any existing buildings, equipment and vegetation oil or about the Property and any adjacent property, owned by or under the control of Licensor, 11' (lie failure to use reasonable care by the Licensee or its contractor causes damage to the Property or any ad acent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor Fads or refuses to make or effect any such repair or replacement, Licensor shall have the right,, but not the Obligation, to make or efl'ect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. .0l . Licensee slial I not use or permit the use of the Property for any purpose that may be in violation of any local, state or Federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Rcsponse, Conipensation and Liability Act ("CERCI-,A"), (lie Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA"') and the Clean Air Act ("CAA"). 9.02. Licenwe warrants that the permitted IJsc of the Property will not result in the disposal or other release of any hazardous substance or solid waste oil or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The ternts, "hazardous substance" and "release" shall have tile meanings specililed in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either (,TRC LA or RCRA is amended so as to broaden the rneaning of any term defined thereby, such broader meaning shall apply Subsequent to tile effective date of such aniendn'tem; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous SUbstance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, Such broader meaning shall apply. 9.0 4, Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, oil, or about the Property and will not permit or stiffer any mechanic's or niaterialmen's liens of any nature to be affixed against the Property by reason of any work done or niaterials furnished to the Property at Licensee's instance or request. I I . Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in stich a manner as to keep (lie Property in a good and safe condition with respect to Licensee's use, Ili the event the Licensee Fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee Of Such occurrence in writing. Ili the event Licensee shall not have remedied tile Failure within tell (10) days from the date Of Such notice, Licensor shall have the right, but North R iclihind drills NF1 of Loop 8,20 NF 3 of (2) 48-4ich CNIN, br slomi wwer writer Mile Post 625.60 I Packet Pg. 45 not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to reniedy Licensee's failure, Licensee agrees to immediately pay to I..,icensor all costs incurred by Licensor upon dernand. 12. Future Use by Licensor. 12.01. ]'his License is made expressly subJect and subordinate to tile right of Licensor to use the Property for any purpose whatsoever, 1101 111 tile event that Licensor shall, at any tirne subsecluent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Irnprovenlent shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensee's assigns, use Of tile Property. In this regard, I,Acensor may, but is not obligated to, designate other property for the relocation of the Perrilitted Improvement. Licensor shall give a t-nininiurn of thirty (30) days written notice of any required relocation, Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Perinitted Improvement on tile Property shall be subsequent to tile acquisition of the Property by Licensor and that Licensee does hereby waive any and all claini that it may have tinder the Act, of- otherwise, regarding tile payment of any and all relocation benefits and that all costs associated with any relocation Of Such Irnprovernents shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue Or abandon the use Of' the Pertnitted Improvement; (b) in the event Licensee shall relocate the Permitted linproverrient tron'l the Property; (C) Up011 termination in accordance with paragraph 19 of this License, whichever event first occurs. 15, Compliance With Laws and Regulations. I.Jeensee agrees to abide by and be governed by all laws, ordinance% and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies anti operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify anti hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold l..,iccnsor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and no,( limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such little as this License fnay be terininated or canceled for ally reason whatsoever, Licensee, upon request by Licensor, shall remove all ini prove nient s and appu 1-tel I a flees owned by it, situated in, oil, tinder or attached to the Property, regardless of whether of- not such i in prove ments were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense, 18. Assignment. Licensee shall not assign or transfer its rights tinder this License in "hole or in part, or pennit any other person or entity to arse tile License hereby granted without the prior written consent of Licensor which 1-Jeensor is under no obligation to grant. North Richland I HIS NF olTex)p 820 NE 4 of*6 (2) 48-hicif CM I's fi)r Mom stwer water Mite Post 625.60 IPacket Pg. 19. Method's of Termination. This License may be terminated in either of the tbllowing ways: 19.01 , By written agreernent, of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the (J. S. Mail, Certified, Return Receipt Requested, and addressed to tile parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue Dallas, "Texas 75202,-7210 AT N: Railroad Management I,, I CEN S P, F: City ol'North Richland Hills 7301 NE, Loop 820 North Richland Hills, Texas 76180 P. 0. Box 660163 Dallas, Texas 75266-7210 P.O. Box 820609 North Richland Mills, "Texas 76182-0609 Either party may fil-0111 time to time designate another and different address for receipt of notice by giving written, notice of such change of address. 20.02. Governing Law, This License shall be construed under and in accordance with the laws of State of Texas. 20,03. Eli i e d Amendments. This License ernbodics, the entire agreement between tile parties and supersedes all prior agreements and understandings, it' any, relating to the Property and the matters addressed herein, and may, be amended or s Lipp] ernented only by a written instrument executed by the party against whom enforcement is sought. 20.04 . Parties " Bou , nd, This License shall be binding upon and inure to [lie benefit of the executing parties and their respective heirs, personal representatives, successors, and assigns. 20.05. INUnibe.r--arid Gender, Words of any gender used in this License shall be held arid construed to include any other gender; and words in tile singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20-06, No Joint Fnteriaris rs,. The parties do not intend that this License be construed as finding that the parties have formed aJoint enterprise. The purposes for which each part), has entered into this License are separate and distinct. It is not the intent of any of the parties that a Joint enterprise relationship is being entered into and the parties hereto specifically disclaim Such relationship, This License does not constitute ajoint, enterprise, as there are no common pecuniary, interests, no con neon purpose and no equal right of control among the parties hereto. 20.07. Ne __A ient. It is mutually agreed and understood that this License cancels and —Ay &� p _ _,j supersedes, effective October 1, 2014, License No. 991104, dated October 13, 1999, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. Nurth Richland i Us --NL. of'Loop 820 NU (2) 48-inch CMI's for storm sewer water 5 of6 Mile Post 625.60 I Packet Pg. 7 IN WYf'NESS WHERE(: F, the parties have executed this License in multiple originals on tile date last signed. L]CENSOR: DALLAS AREA "PID TRANSI"J'' BY: . . . ...... ...... .. ...... . . . . . . ..... ...... NORMA DE LA GARZA-NAVARRO Vice President Commuter Rail & Railroad Management Date: LICENSEE: CITY OF BY: Printed Narne-, Ti t I e: Date: North Richland Hills -NL ofl-w)p 820 Nil,', 6of6 (2) 48-inch CNIt's 't'a)r stonn sewn water Mile Post 625,.60 IPacket Pg. 1 Ia try [,Tj F 4IN IN I IIN AL AoAms CONSUOING ENGINEERS, Inc. WMIS W"OLM"U twu smm DROIN AL j IMTERSTKrE HIQWff Me. Rzo GML I ENVIRONMENFAL ENGNEFRS • SU.....r4a "ORT" RICHLOIMD "I" TOM PLiRM/PROFILE MAL I ..I . . . . ... . .... ... —.— I Packet Pg. KI c, NI cz, ro WE , st "It As' r- LT. SM w/ 'C r, CS. 7675*4CIA M P TCC IPacket Pg. 1 I S r 'lips: Vr"L 164 531 $5 169i (Ji , st "It As' r- LT. SM w/ 'C r, CS. 7675*4CIA M P TCC IPacket Pg. 1 I AGRETMENTNO, 220697 LICENSE AGMEEMENT THIS Agreement ("License"), is made by arid between DALL,AS AREA RAPID rl RANSIT ("[Jcensor"), a regional transportation authority, created, organized and existing Pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and the CTTY OF NORTH RICHLAND HILL,S ("Licensee"), a Texas municipal corporation acting herein by and through its duly authorized official, whose mailing address is P.O, Box 820609, North Richland Hills, Texas 76182-0609 Pursuant to an agreement between Licensor and Ft. Worth & Western Railroad, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's, corridor, I. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one 10-inch sanitary sewer pipeline within one 18-inch steel casing pipe (the "Perrnitted Improvement") crossirig the Cotton Belt Railroad Line approximately 420 feet southwest of [.,den Road, at Mile Post 621.24, in North Richland Hills, Tarrant COL111tv, Texas, more particularly described as shown in Exhibits "A- I" and "A-2", dated August 22, 1.983 and January 5, 1970, respectively, attached hereto and incorporated herein for all pertinent purposes, (the "property"). The Property shall be used by Licensee solely for the purpose of` operating; and maintaining the Perillitted Improverilent (the "Permitted Llse"), licensee's right to enter upon and use the Property shall be firnited solely to the Permitted Use arid the Permitted Improvement. 2, Term This License shall begin on the 1" day of October, 2014 (the " learn " ") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3ML The consideration for the granting of this License shall be (a) paymerit by Licensee to Licensor of the following License Fee: October 1, 2014 $ 450M October 1, 2015 $ 900.00 October 1, 2016 $1,350M October 1, 2017 $1,800MO October 1, 2018 $1,845.00 annually in advance, payable on October I (the "License Fee"), and (b) the payment annually of the License Fee oil October I " cif all succeeding years after 2018, based oil file annual payment oil October 1, 2018, PROVIDED, HOWENER, that the License Fee shall be adjusted justed annually beginning October 1, 2018 by a Cost of Living AdJustment in the aniount of 2.5% of the License Fee and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License, 3.02. Any payment riot received by L.icensor by the 10th day after it is due, shall bear a late charge of` $25.00; to help of s'et the administrative cost involved in handling such late payment, 3,03, For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annurn from the date it was due until it is paid, in addition to time late charge. NoWiRwhlandifills SWofLdcnRoad I of" 6 W-inch Sarntary Sewer m an t8-inch site] casing Mile Post 621,24 I Packet Pg. 51 3,04, Acceptance ofarsy License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License, 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or Communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or C01111YU111iCation company, public or private:; (b) all vested rights presently owned by any Railroad,, utility or communication company, located within the boundaries of time property- and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment, Notwith standing Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01 . All design, construction, reconstruction, replacement, removal,, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations, In particular, cathodic protection or other stray, current corrosion control measures of the Permitted Improvement as required shall be made a part of the design arid construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on (lie Property, a copy of the construction plans, showing the exact location, type and depth of' the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor arid Railroad. Such approval shall not be unreasonably withheld. No Nvork shall commence until said plans have been approved by Licensor, 5.03 By acceptance of this License, Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5 04. By acceptance of this License, Licensee covenants and agrees to institute and maintain a reasonable testing prograt'n to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense, 5.05. Licensor makes no warranty regarding subsurface installations oil the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers, 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and scaled by a "Fexas Professional Engineer within sixty ("60"') days of completion of the project, 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. NorthRiQWandHills SWUFdenRoad 2 of'6 10-mh sanitary Sewei in m Mindi smeel casing Mils Post 621 .24 I Packet Pg. 52 7. Licensor's Standard Contract and Insurance. No work on tile Property shall be commenced by Licensee or any contractor for I.icensee untif such I.Jcensee or contractor sharp have eXectIted J,icensor 's Construction Agreernent and Contractor's Right of Entry Covering Such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to I.Jeensor. A company-i ss tied photo identification Of Licensee 's ernployees, contractors or agents shall be required to work on the Property, & Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid darnaging any existing buildings, equipment and vegetation on or about the property and any adjacent property owned by or under the control of' I.,icensor. if tile failure to Use reasonable care by the Licensee or its contractor causes darnage to the Property or any adjacent property, the I,icerisee and/or its contractor shall ininiediately replace or repair the damage tat no cost or expense to 1-icensor, If 1,icensee or its contractor fails or refuses to make or effect any such repair or replacement, I-icerisor shall have the right, but not tile obligation, to make or eMet any such repair or replacement at the sole cost and expense of' Licensee., which cost and expense I,Jcensee agrees to pay to I-Jeensor upon dernand. 9. Environmental Protection. 9.01. Licensee shall not use or permit tile Use of tile Property for any purpose that may be in violation of any local, state or federal laws, pertaining to health or tile environment, including but not, lirnited to, the Comprehensive EnvironnieMal Response, COMpellSation and [[ability Act ("CER(.,J.,A"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and tile (-',Ieal-1 Air Act ("CAA"). 9.02, [,iceiisce warrants that the Permitted Use ofthe property will not result in the disposal or other release of arty hazardous substance or solid waste oil or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto tile Property by L,icensee or its Contractors, 9.03: The terms "hazardous substance" and "release" shall have the ineanings specified in Cl,""RCL.,A and tile terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified ill the RCRA-, PROVIDED, HOWEVER, that in the event either CERCI,,A or RCRA is arnended seer as to broaden the moaning of any terin defined thereby, such broader nicaning shall apply Subsequent to the effective date Of' Such atriendirient, and PROVIDED FURTHER, that to tile extent that the laws of tile State of Texas establish a mearting, for "hazardous substance"', "release", "solid waste", or "disposal", which is broader than that specified in either CERCI.,A or RCRA, such broader meaning shall apply. 9.04, Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the property resulit!ing from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. 1,icensee shall fully flay for all labor and materials it ssed in, oil, or about the Property and will not permit: or stiffer any niechanie's or triaterialmeri's liens of any nature to be affixed against tile Property by reason of any work done: or rnaterials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the IJcetisee in !such a manner as to keep the Property in a good and safe condition with respect to Licensee 's use, [it the event tile 1,,icensee fitils to maintain the Property as required, upon discovery, 1-icensor shall notify Licensee of' such occurrence in writing. Ili the event 1,icensee shall not have remedied the failure within ten (10) days firorn tile date of such notice, 1,,icensor shall have the right, but Nofth Richland i fiRs — S W of Eden Road 3 of 6 10-irich Samilary S"'erion m 18-inch steel casing Mde Post 621.24 I Packet Pg. 53 not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 110 1. This 1.,icense is made expressly subject and subordinate to the right of Ucensor to use the Property for any purpose whatsoever, 12.012. In the event that 1,,icensor shall, at ally time subsequent to the date of this License, at its sole discretion,, detertnine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor "s use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with t,icensor 's or I.Jeensor 's assigns use of the Property. In this regard, l.,icensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a rninirnurn of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period, 13, Relocation Benefits. 'Fhe parties hereto agree that the construction of the Permitted Improvement oil the Property shall be subsequent to the acquisition of the Property by I.,icenso• and that Licensee does hereby waive any and alli clairn that it may have Under the Act, or otherwise, regarding the payment of' any and all relocation benefits and that all costs associated with tiny relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This license shall terminate and be of no further force amid effect (a) in the event I.Jcenscc shall discontinue or abandon, the use of the Permitted Improvement, (b) in the event 1-icensee shall relocate the Permitted Improvement fro"i the Property; (c) upon termination in accordance with Paragraph 19 ofthis License, whichever event first OCCLU'S. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16, Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of tile Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such tune as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such iniprovernents were placed thereon by Ucensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18, Assignment. I...,icensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the 1-icense hereby granted without the prior written consent of Licensor which 1,Jcensor is under no obligation to grant. North Richlandifills SWofil-ActiRoad 4 of'6 10-inch Smitary Sewcr m m 18-inch steel casing Mite Post 62 1.24 I Packet Pg. 54 19. Methods of Termination. '['his License may be terininated in either oaf the following ways: 19.0 1, By %vritteri agreement of both parties; or. 19.02, By either party giving the other party thirty (30) days written notice. 20, Miscellaneous. 2 01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Clertified, Return Receipt Requested, and addressed to the parties at time following addresses: LICL,NSOR: L)allas Area Rapid Transit OR 1401 Pacific Avenue Dallas, Texas 75202-7210 AT TN: Railroad Management LI('INSH-l" City of'Nortrh Richland I fills 7301 NE [,,o(,.)p 820 North Richland Ifills,'Texas 76180 P, 0. Box 660163 Dallas, Texas 75266-7210 I).(). Box 820609 North Richland hills, Texas 76182-0609 Either party inay from time to tirtic designate another and different address For receipt oftiorice by giving written notice ol'such change of address. 20.02. This License shall be construed under and in accordance with the laws of the State of Texas, 20,03. E'ntiret,_i,94 A!Bgidnients. This License embodies the entire agreement between the parties, and supersedes all prior agreenients and understandings, if any, relating to the I)roperty and the matters addressed herein, and may be arneuded or supplemented only by a WrittC11 inStrUrneilt executed by the party against whom enfim-cenient is sought. 20.04, 1) ' k ' t ' t ' - ' (i ' e ' s ' OU Bnd. This License shall be binding upon and inure to the beriefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.0 Nu in ' ber - and (Jender. Words of' any gender used in this License shall be held and construed to include any other gender-, and Nvords in (lie singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20, 06. No Joint L t The parties do not intend that this License be construed as finding ____ -, APgMfk� that the parties have fornied ajoint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the pat-ties that a Joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. '['his License does not constitute a joint enterprise, as there are no eoninion pecuniary interests, no common purpose and no, equal right of control aniong the parties hereto. XOT N Ny,_Ag!,cqqreq1, It is mutually agreed and understood that this License cancels and supersedes, cfl'Letive October 1, 2014, license No,. 9161, dated February 23, 1984, or any previous agreements granted by Licensor or L,icensor's predecessor railroads in regard to this sanitary seNver pipeline. NorlhRichlandllffls SWofE den Road 5 of,6 W-inch Saidtary Sewe:r in an Minch med casing We Posk 621.24 I Packet Pg. 55 IN WITNESS WIlLREOF the parties have executed this License in multiple originals on the date last, signed. LICENSOW DALLAS AREA RAPID TRANSIT B`r"' .. ....... . . . . . . .................. . . . .. —, NORMA DLLA GARZA-NAVARRO, Vice President C0111 I'll Liter Rail & Railroad Management Date: H(.'FNSF1F1: CFFy (A' BY: Printed Nanie: Date; Nuilh Richland � Wis SW of I Iden Road 6 of'6 10-mrdi Sanitary Sewer tri m Minch qed casuig M i I c Post 62 1,24 I Packet Pg. 56 MEN, KEI. REGARD VENT. REG. , 10- 7 P, JU, REARRANGEMENT OF Fonm 12-67 MU. REA RRAP "KPIENT OF FORM 2-G8 PJU. RE.ARRANG r OF FORM 12 76 t)yY tj tv t4 26 Inv as rA to I L' zr W fD C+ 'I Z4 (+ 0 old", q tv *q Ca , Pg U 0 r+ 'A 104 rl 0 10 ro (D 0 N (0 :j 3 z p o t"4 ,•'3 CD �J cc) P C+ CD Fi ? o t 10 C Cn n rn 06 0 Cm N o t"4 ,•'3 CD �J cc) P C+ CD Fi ? o t 06 0 Packet Pg. 57 Q L� ft 'R V4� 4 �d z e Ni ZZ tb X 00 Z' > 73 CD Tr CD 0 > z n rm 0 0 0 n o m 0 z z I � z C.) > C) z m LMI tb b ro a. ,b .b f-I I Packet Pg. 58 ro 6eoerof 4,0,e Alo ,lea rB to a. ,b .b f-I I Packet Pg. 58 AGREEMEN]" NO. 220699 LACENSE AGREEMENT TFIIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT' ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas 'fransportation Code, as amended (the "Act") and the CITY OF NORTH RICHLAND HILLS ("Licensee"), a Texas InUlliCipal corporation acting herein by and through its duly authorized official, whose mailing address is P.O. Box 820609, North Richland Hills, Texas 76,182-0609'. Pursuant to an agreement between Licensor and Ft, Worth & Western Railroad, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1, Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one 10-inch sanitary sewer pipeline within one 18-inch steel casing pipe (the "Permitted Improvement") crossing the Cotton Belt Railroad Tine approximately 210 feet northeast of Loop 820 NE, at Mile post 625,68, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibits "A-1" and "A-2", dated January 27, 1984 and January 5, 1970, respectively, attached hereto and incorporated herein for all pertinent purposes, (the "Property"), The Property shall be used' by Licensee solely For the purpose of operating and maintaining the Pennitted Improvement (the "Permitted Ilse "). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the I-lertnitted Improvement. 2. Terin. ']'his License shall begin on the I" day of October, 2014 (the "Tenn") kind continue thereatler until terminated by either party as provided herein, 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 $ 450,00 October 1, 2015 $ 900.00 October 1, 2016 $1,350.00 October 1, 2017 $ 1,80o.00 October 1, 2018 $1,845.00 annually in advance, payable on October I (the "License Fee"), and (b) the payment annually of the License Fee on October l' of all succeeding years after 2t)18, based on the annual payment on October 1, 2018, I)ROVIDED, HOWEVER, that the License Fee shall be i,,idjusted annually beginning October 1, 2018 by a Cost of Living AdjUSIFTICut in the amount of 2.5% of the License Fee and (c) the performance by Licensee ofeach ofthe obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge or $25,00 to help offset the administrative cost involved in handling SUCII late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum firorn the date it was due until it is paid, in addition to the late charge, North Richland Uldh - NE. cola op 820 NF I of 6 Mile Post 625.68 10-mch Switary Sewa in an 18-inch steel ca-sing Packet Pg. 59 3.04. Acceptance ot'any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terins ofthis License. 4. Non Exclusive License. This License is tion-exclusive and is SUbJeCt to (a) any existing Utility, drainage or communication facility located in, on, tinder, or upon the Property, owned by I.-Jeensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Liccnsor's use of the Property and adjoining property niay include the use of electrically powered equipment, Notwithstanding 1-Jcensor's inclusion within its system ofineasures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement anti that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.OL All design, construction, reconstruction, replacement, removal, operation and maintenance of the permitted Improvement on the Property shall be done in such a trianner so as not to interfere in any way with the operations of Licensor or other Railroad operations, In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part of the design and construction ofthe Permitted Improvement. 5.02. During tile design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5,01 By acceptance of this License, Licensee agrees to design, construct and maintain the Permitted Irnprovement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Ucensee's use ofthe Property. 5.04, By acceptance of this License, Licensee covenants and agrees to, institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Pen-nilted Improvement is necessary and if it is or should bec0lTlC necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee, shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide, to Licensor final construction drawings ("as-builts") that are signed and scaled by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6, Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. Nordi Richlind I Us - NE off twp 820: Nh 2 of 6 1 0-mch San itary Sewer in m 18-inch: steel casing Mile I'mi 625.68 IPacket Pg. wtt 7. Licensor's Standard Contract and Insurance, No work oil the Property shall be commenced by Licensee or any contractor fear Licensee until such Licensee or contractor shall have executed licensor "s Construction Agreement and Contractor's Right of Entry, covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to I..,icensor. A company- issued photon identification of Licensee's employees, contractors or agents shall be required to work oil the Property, 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid darnaging any existing buildings, equipment and vegetation on or about, tile Property and any adJacent property owned by or under the control of Licensor. If the failure to use reasonable care by the Licensee or its contractor cau5cs damage to tile Property or any adjacent property, the Licensee and/or its contractor shall ininiediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at tile sole cost all(] expense oaf Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of' the Property for any purpose that illay be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Ikesponse, Cornpensation and Liability Act (TERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act ("CAA-). 9'.02. Licensee warrants that the Permitted Use oftlie Property will no( result in [lie disposal or other release of any hazardous substance or solid waste oil or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors, 9.03. The terms "hazardous substance" and "release" shall have (lie meanings specified in CE,RCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specificd in the RCRA; PROVIDE' D, HOWEVER, that, in the event either CERCLA or RCRA is amended so as to broaden the meaning of any terra defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to tile extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader ineaning shall apply. 9.04. Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10, Mechanic's Liens Not Permitted, Licensee shall Fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's; or niaterialmen's liens orany nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. 'file Permitted Improvement shall be maintained by the I.Jeensce in such a manner as to keep tile Property in a good and safie condition with respect to Licensee's use. In the event tile Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such Occurrence in writing, In the event Licensee shall not have remedied tile failure within tell (10) days frorn the date of'such notice, Licensor shall have the right, but North Richland I Us, NF, ofkwp 820 N1- 3 of 6 I 0-inch Sanitary Sewer in an 19 -inch sacel casilag Mile Post 62 .tab I Packet Pg. i not tile obligation to remedy such failure at tile sole cost and expense of 1,icensee. Ili the event Licensor exercises its right to remedy Licensee's failure, 1-icerisee agrees to immediately pay to Licensor all costs incurred by Licensor upon dernand. 12. Future Use by Licensor. 12.0 1. ']'his License is made expressly subject and subordinate to the right of Licensor to use the Property For any purpose whatsoever, 12.02. In the event that Licensor shall, at any time subsequent to the date of tors License, at its sole discretion, determine that tile relocation of the Permitted Improvement shall be nucussary or convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or LiCelISOr 'S aS.',,.JgoS use of the Property. In this regard. Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Iniprovernent. I.Jecilsor shall give a IllillinlUrn of thirty (30) days written notice of any required relocation. Licensee shall proillptly comillence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement oil the Property, shall be subsequent to the acquisition of tile Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such In'rproventents shall he borne by Licensee, 14. Duration of License. This License shall terminate and be of do further force and effect (a) it) the event Licensee shall discontinue or abandon the use of the Permitted improvement; (b) in the event Licensee shall TVIOCatC the Permitted Improvement from the 11'roperty; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by 2111 laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall tit all times protect, indemnify, defend and hold Licensor anti the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by, Licensor, shall remove all improvements and appurtenances owned by it, situated in, oil, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. North Richland lfilk Ni- of Loop 820 NE 4 of 6 I 0-inch Sanitary Swag in an Minch �(Ccl casing Mile Post 625.68 I Packet Pg. 2 19. Methods of Termination. This License may be terminated in eitherofthe following ways: 19 O1. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.0 1 , N - otice. When notice is permitted or required by this License, it shall be in writing arid shall be deemed delivered when delivered in I)erson or- when placed, postage prepaid, in the U S, Mail, Certified, Retum Rece ipt Requested, and addressed to the pat-ties at the fol I ow ing addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue Dallas, Texas 752f12 -72101 ATTN: Railroad Management IJCF'NSF,F:� City ►t'North Richland Hills 7301 NE Loop 820 North Richland Flills,'Fexas 76180 P. 0. Box 660163 D,allasj'exas 75266-7210 P.O. Box 820609 North Richland [fills, Texas 76182-0609 Either party may fi-orn time to time designate another and different address for receipt of notice by giving written notice of'such change of address. 20.02. Governin Law. This License shall be construed under and in accordance with the laws of the State ofTexas, 20.03. E rrfrrety arid Ani,enchrients. This License embodies the entire agreement between the parties and supersedes all prior agreements arid understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whoin enforeetrient is sought. 20.04. Parties Bound. '['his License shall be binding upon and inure to the benefit of the ... Parties ......... . . . . . . . ...... ... . ....... executing pat-ties and their respective heirs, personal representatives, SUCCeSicirs and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have forined a joint enterprise. The purposes for which each party has entered into this License are separate arid distinct. It is not (lie intent, of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim Such relationship. This License does not constitute ajoint enterprise, as there are no common pecuniary interests,, no common purpose and no equal right of control aniong tile parties hereto. 20ff7, 'New -Agtj gpept. It is mutually agreed and understood that License icense cancels and supersedes, effective October 1, 2014, License No. 9203, dated February 28, 1984, or any previous agreenients granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. North Richland I, lifis N I ', o f Loop 9201 F' 5 of6 Mile Post 625.68 1► -inch Sanitary Sowcr in an 18-inch steel casing I Packet Pg. 63 IN WITNESS WHERE(: F, the parties have executed this License in multiple originals on the date last signed. LICENSOR: DALLAS AREA RA11R)TRANSIT By: NORMA DF LA G'ARZA-NAVARR0 Vice f1resident Commuter Rail & Railroad Management Date: LICENSEE� CITY OF BY: Printed Name: `ritle: Date: North Ricliland I fills - NE of Loop 820 NF, 6 of* 6 I0 -inch Sanitary Saner in an I8 -inch stcel casing Mile Post 625M I Packet Pg. 4 REV. REGARD V9NT, REQ, I 10-6,71 PJU, REARRANGE$ENT OF FoRm 12-67 MU. REARRARIFLIENT OF FORM 2-68 IMU, �-E—ARRANGEMENT OF FQR-- J---T2---776—r)W m x j- 1 0 wow 0 o C+ 0 00 0 v ID 6Y� ho Z Aft m 0 CC IT"S 0 -Ile LLL ();f �o :5ir 17to p N or fie /9 OY care Ad ,b Al"ps (j) a C: Tjj4r Cl) rn tn ILA Ze, zo, A > - ((3%0 Y/ z all" w o C3 C+ tt 0 C, n 0A ca v 2' 0 Packet Pg. 65 aw Of 1.112 Og C z z 0 M, r- Z 1117 I A z I 1�1 n > A z > ywon I-Squy's 01% IN fill mint lilt jjQ all Z Nits' P111111 HIS ,14'1 t 4- 4 " A Qu IM all low At gp, Its 't X Q k q I " A kQ M ;M japNj WOMIM 1 51 A I I zoo, gyn k! If at 1. No 4 K7 CIL 0 ab 1. cn "I 1z, as rt) SW 1,;77 rCy I YketRAT—hi-I AGRETMENTNO. 220700 TH-IS, Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), it regional transportation authority, created, organized and existing pursuant to Chapter 452, 1'exas Transportation Code, as amended (tile "Act") and the CITY OF NORTH RICHLAND HILLS ("Licensee"), a texas municipal corporation acting herein by and through its duly authorized official, whose mailing address is P.O. Box 820609, North Richland Hills,Tcxas 76182-0609. Pursuant to an agreement bctween Licensor and I't. Worth & Western Railroad, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor. 1, Purpose. I.Jcensor hereby grants a license (the " "License " ") to Licensee for the purposes of constructing, installing, maintaining and operating one 8-inch sanitary sewer pipeline within one 12-inch steel casing pipe (the "Permitted hilprovernent") crossing the Cotton Belt Railroad Line approximately 475 feet northeast of Holiday Lane, at Mile Post 623.06, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibits "A- l" and "A-2", dated June 21, 1984 and January 5, 1970, respectively, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The property shall be used by Licensee solely For the purpose ol'operating, and maintaining the Permitted Improvement (flie "Permitted Use"). Licensee's right to enter upon and use the Property shall be litnited solely to the Permitted Use and tile Permitted Improvement. 2. Terin. This License shall begin on the I" day of October, 2014 (tile ",Tern " "') and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 $ 375.00 October 1, 2015 $ 75U0 October 1, 2016 $1,125.00 October 1, 2017 $1,500.00 October 1, 2018 $ 1,53 00 annually in advance, payable on October I (the "License Fee"), and (b) the payment annually of tile License Fee oil October I' of all succeeding years after 2018, based oil the annual payment on October 1, 2018, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 by a Cost of Living Adjustment in the amount of 22.5% of the License Fee and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License, 102. Any paynient not received by I.Jeensor by the 1-0th day after it is due, shall bear a late charge of` 25.00 to help offset tile administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment, shall bear interest at tile rate of 18% per annurn iron the date it was due until it is paid, in addition to tile late charge. North Richland I fins- NL of I lotiday Lane I of 6 Milt: Post 623,06 8-inch Sanitary Sewer in an 12-inch steel casing I Packet Pg. 67 3.04. Acceptance ofany I.Jeensc Fee by l-icensor after written notice oftermination or expiration of this 1,icense shall not waive, reinstate, continue or extend the terms of this I.,icense. 4. Non Exclusive License. This lAcense is non-exclusive an(] is subjeet to (a) any existing utility, drainage or Conlin Lill icat i oil Facility located in, oil, under, or Upon the Property owned by I..icensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or com rnun i cation company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by licensor to any individual, corporation or, other entity, public or private, 5. Design, Construction, Operation and Maintenance. 1-icensors use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding' standing Licensor's inclusion within its system of measures designed to reduce stray current which may caLISC corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required shall be made a part ofthe design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing, any construction on the property, a copy of the construction plans S1,10%ring the exact location, type and depth of the construction, arly cathodic protection measures and any working arena, shall be Submitted for written approval to IJcensor kind Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by licensor. 5.03. By acceptance of this I-icense, I.,icensce agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use Of the Property, and further agrees to pay any damages which may arise by reason of I-icensee's use of the Property. 5.04. By acceptance of this [Jcense, [Acensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and scale(] by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. I.Jeensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals 1'rorn any and all governmental agencies, fiederal, state or local, required to carry on any activity permitted herein. North Richland Hills Nl-.r of Holiday Lane 2 of 6 Mile Post 623.06 S-inch Smiitwy Sewer in an 12-irwh steel c ising IPacket Pg. 7. Licensor's Standard Contract and Insurance. No work on the Property shall be coninicticed by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractors Right of Entry covering stich work, and has furnished insurance coverage in such arnounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be require(] to work oil the Property. 8. Duty of Care in Construction. Licensee or its contractor shall arse reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation oil or about the Property and any adjacent property owned by or under the control of Licensor If the Chilure to use reawriable care by the Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or ell-bu any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand.. 9. Environmental Protection. 9.01. Licensee shall not use or permit tile use of` the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive I-Environmental Response, Compensation and Liability Act ("CERCLA"), tile Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act (-CWA") and the Clean Air Act ("CAA"). 9.02. Licensee vvarrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9 O3. T'he terms "hazardous substance" and "release"' shall have the meanings specified in CERCI.,,A and the teens "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCI.,A or RCRA is amended so as to broaden the meaning of any terns defined thereby, such broader incaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of' the State of Texas establish a meaning for "hazardous Substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04, Licensee shall indernnil';y and hold lAcensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this, License. 10. Mechanic's Liens Not Permitted. Licensee shall Fully pay for all labor and materials used ill, oil, or about the Property and will not permit or suffer any mechanic's or inaterialinen's liens of any nature to be affixed against the Property, by reason of.' any work done or materials furnished to the Property at Licensee's instance or request, 11. Maintenance of Completed lin prove men ts. The Permitted Improvement shall be maintained by tile Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property, as required, upon discovery, I.Jeensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the Failure within ten (10) days frorn the date of such notice, Licensor shall have the right, but North Richland I fills --NE of Holiday Lane 3 of 8-inch SanitM Sewer in an U-inch steel casing rviHe Po%t 623.06 I Packet Pg. 69 not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. '['his License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfiere with I.Jeensor 's or I.Jeensor 's assigns use of" the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of' the Permitted Improvement. Licensor shall give a rnininium of thirty (30) days written notice of any required relocation. Licensee shall promptly cornmence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13, Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement Oil tile Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all clain'i that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) ill tile event Licensee shall discontinue or abandon the use of the Permitted Irnprovelnent; (b) in the event Licensee shall relocate tile Permitted Improvenient from the Property; (c) upon termination in accordance with paragraph 19 of this License, whicliever event first OCCUrS. 15. Compliance With Laws and Regulations. Licensee agrees, tra abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over tile Licensee and by railroad regulations, policies and (operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about tile Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurteriances, owned by it, situated ill, 011, under or attached to tile Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore tile Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which [.,icensor is under no obligation to grant. North Richland milk Nl`oHlohday Lane 4 of 6 8-inch Sanitary Sewer in an t2 -inch stc l casing Mile Post 623,0,6 I Packet Pg. 701 19. Methods of Termination. This License may be ten-ninated in either ofthe following ways: 19.01. By written agreement or both parties; or 19.02. By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20,01. Notic - e. When notice is permitted or required by this License, it shall be in writing and sdeemed ll be deemed delivered when delivered in person or when placed, postage prepaid, in the U,S, Mail, C(,,wrtifited, Return Receipt Requested, and addressed to the parties at the follovving addresses: LICENSOR: Dallas Area Rapid Transit OR 1.401 Pacific Avenue Dallas, Texas 75202-7210 Al"IN: Railroad Management LICENSEE- City of North Richland Hills 7301 NE Loop 820 North Richland [fills, Texas 76180 P . Box 660163 Dallas, Texas 75266-7210 P.O. Box 8206,09 North Richland Hills, Texas 76182-0609 Either party may from 'tune to tirne designate another and different address for receipt of notice by giving written notice of such change ofaddress, 20.02. (love 1 qjq&jA)y. This License shall be construed under and in accordance with the laws of the State of 1Texas. 2t 03. Ltiti . This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instruiiient executed by the party against whom enforcement is sought. 20.04. [)allies Bound. This License shall be binding upon and inure to the benefit of (lie executing parties and their respective heirs, personal representatives,, successors and assigns, 20.05. Number and ( ' jeade i ' - , Words of any gender used in this I.Acense shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. ", 20.0,6. No 1 Joint 1. jjLerp -ise. The parties do not intend that this License be construed as finding that" the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of' any of the pat-ties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim Such relationship, ➢his,' License does not constitute a joint enterprise, as there are no common Pecuniary interests, no common Purpose and no eqUal right of control among the pat-ties hereto. 20.07. New As_,rcernent. It is mutually agreed and understood that this License cancels kind supersedes, effective October 1, 2014, License No. 9234, dated July 24, 1984, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard tcy this sanitary sewer pipeline, North Richland Hills NFcjfllq)li&y lane 5 of 6 8-inch Sanitary Sewer in am 12-inch steel casing Mile Post 623,06 I Packet Pg. 1 IN WITNESS WHEREOF, the parlies have executed this License in multiple origirials on the date last signed. LICENSOW DALLAS AREA RAPID TRANSIT BY. NORMA DE, LA (.iARZA-NAVAIZR,O Vice President Commuter Rail & Railroad Management 11mm LICENS,EE: CITY OF BY: Printed Name: Title: Date: Nurffi Richkind Hills NE of Hohday Lan 6 of 6 8; inch Sanitary Sow in an 12-itich sleet casing Mile Post 623,06 I Packet Pg. 2 ik it Z it Ol 0 V.l 0 ro C r) --f 0A Z r rn 0 z K Z 0 01 -i > > z LIT eoloo� R k ant %k ak Cr 1�1 2 ?i k Chi I Packet Pg. 3 xzz I Packet Pg. 3 AGREF'MENTNO. 220701 LICENSE AGREEMEW THIS Agreement ("License"), is made by and between DALLAS AREA RAPID "FRANSIT ("Licensor"), a regional transportation authority, created, organized arid existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and the CITY OF NORTH RICHLAND HILLS ("Licensee"), a 'Vexas nlunicipal corporation acting herein by and through its duly authorized official, whose mailing address is 11.0. Box 820609, North Richland I_fillS, rl 'exas 76,l 82-06K Pursuant to an agreement between Licensor and Ft, Worth & Western Railroad, (hereinafter the "Ikadroad"), freight railroad operations exist on I...,icensor's corridor. 1. Purpose. licensor hereby grants a license (the "License") to Licensee for the purposes of" constructing, installing, maintaining arid operating one 12-inch water line within one 24-inch steel casing pipe (the "Pertnitted Improvement") crossing the ortorl Bell Railroad Line approximately 315 feet northeast of Davis BoUlevard, at Mile Post 622.42, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in F1'xhibits "A-]" and "A-2", dated Jantiary 2, 1986 and Jaruiary 5, 19701 respectively, attached hereto and incorporated herein for all pertinent purposes, (the "'Property"). The Property shall be used by Licensee solely for tile purpose of operating and maintaining the Permitted Improvement (the "Pennitted L.Ise"). Licensee's right to enter upon and use the Property shall be limited solely to the permitted Use and the Permitted Improvement. 2. Term. This License shall begin oil the V day of October, 2014 ('file " " "1 erin ") and COutifILIC thereafter until terrninated by either party as provided herein 3, Consideration. 101, The consideration for the granting of. this License shall be (a) payment by LJcensee to Licensor of the following License Fee: October 1, 2014 $ 728.00 October 1, 2015 $1,456.010 October 1, 2016 $2,184.00 October 1, 2017 $2,910.00 October 111, 20 18 $2,983.00 annually in advance, payable on October I (the "License Fee"), and (b) the payment anrujaHy of the I.Jcense Fee on October I" of all succeeding years after 20 18, based on the annual payment on October 1, 2018, PROVIDED, HOWENI,"R, that the License Fee shall be adjusted annually beginning October 1, 2018 by a Clost of Living AdJUStMent in the arnOUnt of 2.5% of file I-kerlse Fee and (c) the performance by Licensee of each ofthe obhgations undertaken by Licensee in this License. 101 Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of'$25.00 to help oft'set the administrative cost involved in handling Such late payment. 3.03. For any payrnent not received by Licensor by the 15th day after it is due, such payll'ient, shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. Minh Richland II it k N I Car' laavis B(Wevard I of 6 12-indi Waler Line in a 24-inch sled casing Mflv llcmt 622.42 I Packet Pg. 74 3,04. Acceptance oaf any license Fee by l,icensor after written notice of termination or expiration of this License shall not waive, reinstate, 0011tintle or extend the terms of this License. 4. Non Exclusive License. This I..,icense is 11011-CUILlsive and is Subject to (a) any existing utility, drainage or communication facility located in oil, under, or upon the Properly owned by I,icensor, ally Railroad, utility, or coninHillication company, public or private-, (b) all vested rights presently owned by any Railroad, utility or COIT11111.1nication company, located within the boundaries of the Property; and (c) any existing lease. license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public (,-)r private, 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may, include the use lot' electrically powered equipment, Notwithstanding I,icensl inclusion within its systern, of measures designed to reduce stray current which may cause corrosion, Licensee, is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases. Licensor with regard to any claim arising from such corrosion. 5M I , All design, construction, reconstruction, replacement, removal, operation and niaintenance of the Permitted Improvement oil time Property shall be done in such a manner so as not to interfere in any way with the operations of' lJcensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted firiprovernent as required shall be inade a part of the design and construction of the Permitted Improvement, 5.02. During the design phase and prior to coniniencing, any construction on the Property, as copy of the construction plans showing the exact location,, type and depth of' the construction, any cathodic protection rneasures, and any working area, shall be submitted For written approval to Licensor and Railroad. Such approval shall not be tinreasoruibly withheld. No work shall coninience until said plans have been approved by l,icensor. 5M1 By acceptance of this I,icense, Licensee agrees to design, construct and nianitain the Permitted In"iproverrient in such a trianner so as not to create a hazard to time use of time Property, and Further agrees to pay any damages which may arise by reason of 1.JcenSC&S USC of the property. 5,04, By acceptance of this License, lJoerisee covenants and agrees to institute and niaintain it reasonable testing prograrn to determine whether or not additional cathodic protection of' its Permitted Irriprovenient is necessary and if it is or shil becorne necessary, such protection shall be ininiediately, instituted by I...,icensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.W Licensee shall provide to Licensor final construction drawings, ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("'60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits. or other approvals from any and all governmental agencies, federal, state or local, required to carry on ariv, activity pennitted herein. Norlh Richland hilts NLot'Da%isHoidevard 2 of6 12-1 Water Ll in a 24-mh steep, caswlg Mile Ima 622,42 I Packet Pg. 5 7. Licensor's Standard Contract and Insurance. No work on tile, Property shall be conli-rienced by l-icensee or any contractor for lJCCl1SCC Until Such Licensee or contractor shall have eXeCUted: 1-icerlsor 's Construction Agreement and Contractor's Right of E.ntry covering Such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory tom Licensor. A cornpany-issued photo identification of" [Jeensee's employees, contractors or agents shall be required to work oil the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during tile construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of I-icensor. If the failure to use reasonable care by the 1,,icensee or its contractor causes damage to the Property or any adjacent property, (lie Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to I.-icensor. I I'Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not time obligation, to make or efTeo ally Such repair or replacement at the sole cost and expense of 1-icensee, which cost and exilense Licensee agrees to) pay to Licensor upon demand. 9, Environmental Protection. 9.01, I.,icensee shall not use or permit the use of` the property for any purpose that may be in violation of ally local, state or federal Iaws pertaining to health or the environment, including but not, limited to, the ('oniprehensive Environmental Response, Compensation and IJability Act ("CERU,,A"), the Resource Conservation all(] Recovery Act ("R(,RA"), the Clean Water Act ("CWA") and the Clean Air Act ("(77AA"). 9.02, Licensee warrants that the Permitted Use of the property will not result in the disposal or other release ofany hazardous substance or solid waste orl or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged out(,) the Property by Licensee or its Contractors. 9.03. The tertlis "hazardOUS Substance" and "release" shall have the meanings specified in ('ERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the rucanings specified ill the RC RA; PROVIDED, HOWEVER, that in the event either (.TR(.'I.,A or R(.,',RA is amended so as to broaden the meaning of any term, defined thereby, such broader meaning shall apply subsequent to time effective date of such amendment; and PROVIDED FURT'HER, that tom the extent that time laws of' (lie State of Texas establish as meaning for "hazardous substance", "release", "'solid waste", or "disposal", which is broader than that specified in either CER('.LA or RCRA, such broader meaning shall apply. 9,0t 1, Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. I.-Jeensce s1mill fully pay for all labor and materials used in, oil, or about the Property and will not permit or suMir any mechanic's or material men's liens of ally nature to be affixed against tile Property by reason of any work done or triaterials furnished tcm the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. file Permitted Improvement shall be maintained by the 1,icensee in such a manner as to keep time Property in a good and safe condition with respect to Licensee's use. In time event tile Licensee fails to maintain the property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In tile event Licensee shall not have remedied tile failure within tell (10) days from the date of' such notice, Licensor shall have the right, but North Richkoid I Us NY ofDavis Boulevard 3 of 6 l 2-inch Water Line in a 24-inch slecl casing Mile Post 622,42 I Packet Pg. 7fi not the obligation to rernedy such failure at the sole cost and expense of' I,icensee. In the event Licensor exercises its right to remedy Licensee's failure, L,icensce agrees to immediately pay to Licensor all costs incurred by I,icensor upon demand. 12. Future Use by Licensor. 12.011. This I,icense is made expressly subject and subordinate to the right of Licensor to use the property for any purpose whatsoevel'. 1102. In tile event that I.icensor shall, at any time subsequent to the date of this License, at its sole discretion, deteninne that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor "s use of time property, l...iceusce shall, at its sole cost and expense relocate said Permitted. Improvenient so as, not to interfere Nvith Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is riot obligated to, designate other property for the relocation of tile Permitted Improvement. Licensor shall give a munriluni of thirty (30) days writteti notice of any required relocation. Licensee shall prorriptly commence to make the required changes thereafter and shall diligently cornplete the relocation as required within a reasonable period, 13,. Relocation Benefits. The parties hereto agree that the construction of the Permitted. Improvement on the Property shall be subsequent to time acquisition of the property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarditig the payment of' any and all relocation benefits and that all costs associated with ally relocation of such Improvements shall be borne by Licensee. 14. Duration of License. ']'his License shall terminate and be ot'no further force and erfect (a) in the event Licensee shall discontinue or abandon the use of (lie Permitted Improvement, (b) ill time event Licensee shall relocate the permitted finprovenient from the flroperty: (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16, Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of I-Jeense. At such tinie as this 1,,icense may be terminated or canceled for ally reason whatsoever, Licensee, upon request by Licensor, shall remove all iniproverneilts, and appurtenances owned by it, situated in, oil, under or attached to the Property, regardless of whether or not such iniprovenienis were placed thereon by lJcensee, and shall restore the Property' to a condition satisfactory to Licensor, at Licensee's, sole expense. 18, Assignment. Licensee shall not assign or transfer its rights under this License in whole or ill part, or permit any other person or entity to use the [Jcensie hereby granted without the prior written consent of Licensor which I-Jeetisor is under no obligation to grant. North RuddandfliHs NFLA' Davis tioulevard 4 of 6 Mile Post 622,42 12-inch Water lAnc in a 24-indi steel casing I Packet Pg. 7 19. Methods of Termination. '['his I..,icensc may, be tertninated in either ofthe Following Nvays: 1'9.01 By written agreenient of both parties-, or 19.02. By either party giving the other party thirty (30) days written notice. 20, Miscellaneous. 20,01, Notice, When notice is pertnitted or required by this I.-Jeense, it shall be in writing and shall be deerried delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: I..,ICE'NS0R: Dallas Area Rapid Transit OR 140 1 Pacific Avenue Dallas, Texas 7,2h2_7'210 AT TN: Railroad Manageirverlt, L I CE' N S E E City, of North Richland hills is 7301 NE Loop 820 North Richland Hills, 'Texas 76180 P, 0. Box 660163 Dallas, Texas 75266-7210 P.0, Box 820609 North Richland hills,, Fexas 76182-0609 l',"ither party may from time to time designate another and different address Cor receipt of notice by giving wr4ten notice of such change o f address. 20.02. ( " iovcrning.LA�y, ']'his License shall be construed under and in accordance with the laws of the State ot"I I exas, 20.03 t meat .m endments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, an(] may be aniended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.014, Pa ' rties '- B T ound. his I-icense shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 211.(,1. i "' i "" t " p - b " e , r a " u " d -, Q q , ridet- , Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06, No ... Joint Enterprise, The parties do not intend that this License be construed as finding I ... ..... that the parties have formed as joint enterprise. The purposes for which each part), has entered into this license are separate and distinct. It is not the intent of any of ' the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim Such relationship. This License does not constitute a joint enterprise, as there are no corru,non pecuniary interests, no cornnion purpose and no equal right ofoontrof arnong the parties hereto. 20.07. New Ag Nment. It is mutually agreed and understood that this License cancels and rg supersedes, effective October 1, 2014, License No. 9774, dated May 20, is 863 or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. North Ricifland Ifilk NF ofDavis lloulevmd 5 of 6 12-indi Watcr Line in a 24-mch�ted Casing khle Rost 622,42 I Packet Pg. '8 IN WITNESS WHEREOF, the parties have executed this License ill I'llUlliple originals oil the date last signed, I...,lC'1.`NSoW DALLAS ARI.,�A RAIIII)TRANSIT BY: NORMA DF, LA GARZA-NAVARRO Vice ["resident Cornmuter Rail & Railroad. Management Date: LICE"NSE"I": ITY OF 13, y: ............................ printed Nanie-, Title: Date: North Richland IfflIs NF, ofDavis Bodoard 6 ot'6 l2-mch Water Line in it 24-trich sWel asing, Milli I 'c,,)st 622,42 I Packet Pg. 79 YM1 X* CI TJ ri M Z 07 1A 1E 9 ill t1 T 1z Fs ti ri F-I Vl rn fA t; z en j 3 ri VI w 7 cl r'ry ell R1 r, � -I > o cl I'D > c" Al In IN YM1 X* CI TJ ri M Z 07 1A 1E 9 ill t1 T 1z Fs ti ri F-I Vl rn fA fh rin ww hA 3i r n n a a I Packet Pg. 01 Z' hA 3i r n n a a I Packet Pg. 01 3i r n n a a I Packet Pg. 01 I Packet Pg. 01 pt z sro 4 t z q �41 it % ro ro 4 0 1 v C rn K x C Z C r z r- v I. L X m m Z -n CtY f�f1 5 rn L'I k Z I Z ki Z4 ;4 '4 a 77 /e7 1 %4 Cri I Packet Pg. 1 ➢ 4.ti C1 4. 6; 4.W q se;, Vo/o Pp eky Cri I Packet Pg. 1 q se;, Vo/o Pp eky Cri I Packet Pg. 1 q se;, Vo/o eky Cri I Packet Pg. 1 A,GREEMENTNO. 220702 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between DALLAS AREIA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (tile "Act") and time c rry OF' NORTH RICHLAND HILLS ("Licensee"), a Texas illunicipal corporation acting herein by and through its duly authorized official, whose mailing address is P,O, Box 820609, North Richland I Bills. 1'exas 76182 -0C 609. Pursuant to in agreement between Licensor and Ft. Worth & Western Railroad, (hereinafter the "Railroad"), freight railroad operations exist on LiCCIISOCS Corridor. 1. Purpose. [Jeensor hereby grants a license (the "License") to Licensee for the purposes ofconstructing, installing, maintaining and operating one 30-inch sanitary sewer pipeline within one 48-inch steel casing pipe (the "Permitted Improvenient") crossing the Cotton Belt Railroad Line approximately 74 feet northeast of Iron Horse Boulevard (formerly Tec►i►l Boulevard) at Mile post 623,836, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibit "A" dated March, 2000, attached hereto and incorporated herein for all pertinent purposes, (the "Property "), The 11roperty shall be used by Licensee solely for the purpose of operating and maintaining the permitted Improvement (the "llernlitled Use"). L,icensee's right to enter upon and use the Property :shall be limited solely to the Pernlitted Use and the Permitted improvement, 2. Term. This L,icense shall begin oil the 0 day of October, 2,014 (the ... Ferni") and continue thereafter until terminated by either party as provided herein, 3. Consideration. 3.(i 1. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the fallowing License Fee: October I, 2014 $ 855.00 October 1 „'2015 $1,7 1 O00 October 1, 2016 $2,665,00 October 1, 2017 $3,420.00 October 1, 2018 $3,506,00 annually in advance, payable on October I (tile "License Fcc"), and (b) the pay►nent annually of time L,icenscFecon0etober I” ot'all succeeding; years ailet-2018, based, on the all1l Ual pay nient can October 1, 2018, pROVIDLD, HOWEVI.,."R, that the License Fee shall be adjusted annually beginning October 1, I r 2018 by a Cost of Li ving AdJUSullent in the amount of 2.5% of the Lico)se I cc and (c) the perfort lance by Licensee ofeach ofthe obligations, undertaken by Licensee in this License. 3.01 Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of $25,00 to help offset tile administrative cost involved in handling such late payment, 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per a►lnUID from the date it was due until it is paid, in addition to the late charge, Noilh Rwhiand I fifls NL. of hon I lorse HoLdevard I of 6 Milc Post 623,83f 30-inch Sanitar; sewer in a 49-mch sted casing Packet Pg. 2 3.04. Acceptance of any 1-,icense Fee by Licensor' after w rit-term notice ofternnination or expiration ofthis License shall not vvaive, reinstate, contiflUe or extend the terins offlus License. 4. Non Exclusive License,, Fhis 1-icense is non-exclusive and is subject to (a) any existing utility, drainage or cornill Lill icat ion facility located in, on, Linder, or upon the Property owned by [Jcensor, any Railroad, Litility, or communication conipany, public or private; (b) all vested rights presently, owiled by any Railroad, utility or coniniunication company, located within the boundaries of the Property,- and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private, 5. Design, Construction, Operation and Maintenance. Licensors use ofthe Property and adjoining property ri'lay include the use of electrically powered equipluent. Notwithstanding 1,icerisor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases, Licensor with regard to any claim arising from such corrosion. 5,01 � All design, construction, reconstruction, replacement, removal, operation and n1aintenance of the Pen-nitted it on the Property, shall be done in such a manner so as not to interfere in ally way with the operations of Licensor or other Railroad operations. In particular, cattiodic protection or other stray current corrosion control measures ofthe Permitted improvement as required shall be made a part of the design and construction of the Pertuitted Improvement, 5,02, During the design phase and prior to commencing any construction oil the Property, a Copy of the construction plans showing the exact location, type and depth of' the construction, any cathodic protection rneasures and any working area, shall be subluitted for written approval to licensor and Railroad. Such approval shall not be unreasonably Nvithheld. No work shall commence until said plans have been approved by licensor. 5.03, By acceptance of this 1-icense, 1,icerisce agrees to design, construct and maintain the Perinitted Improvellient in such a manner scm as not to, create a hazard to the use of the Property, and further agrees to pay away damages which may arise by reason OfLiMISC&S use of time Property. 5,04 By acceptance of this Ucense, [,iciensee covenants and agrees teen institute and maintain a reasonable testing pro rare to detertninie whether or not additional cathodic protection of' its Pertnitted linprovernent is necessary and if it is or should becorne necessary, such protection shall be irrunediately instituted by Licensee at its sole cost and expense. 5.015. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence (or presence of markers. 5,016, Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and scaled by a 'rexas Professional Engineer within sixty ("60"') days of completion of the project. G. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, perrilits, or other approvals from any and all governmental agencies, tederal, state or local, required to carry on any activity permitted herein, Noilh ROdand Hi Ills , NE of tron I I orse Bou1nard 2 of '6 Mile Nist 623.836 30 -inch Saffilary Sewer in as 48-inch steel camng I Packet Pg. 3 7. Licensor's Standard Conti-act and Insurance. No work oil the Property shall be corrinlenced by Licensee or any contractor for I.JCOlSeC until such I.Jeensce or contractor shall have executed I,Jcensor "s Construction Agreement and Contractor's Right of Entry covering such work, arid has furnished insurance coverage in such aniounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work oil tile Property. & Duty of Care in Construction. Licensee or its contractor shall use reasonable care during tile construction period and thereafter, to avoid darnaging any existing buildings, equipillent and vegetation on or about the Property and any adJacent property owned by or Linder (lie control] of' I.Jecrisor. It' the failure to use reasonable care by the Licensee or its contractor causes damage to the property or any adJacent property, tile Licensee and/or its contractor shall immediately replace or repair the damage at 110 cost or expense to Licensor, If I.icensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to trikike or eflect any such repair or replacenient kit the sole cost and expense ot'Licensee, which cost and expense Licensee agrees to pay to J_icensor upon demand, 9. Environmental Protection. 9.01, Licensee shall not use or permit the use of' the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environnient, including but not lirnited to, the Comprehensive E'rivirontriental Response, Corripensation and I..,iability Act ("CE'R( , I LA"), the Resource (',onservation and Recover), Act ("RCRA"), tile ("lean Water Act ("MA") and tile Clearl Air Act ("CAA"). 9.02 Licensee warrants that the Pertnitted Use ofthe Property Will not result in tile disposal or other release ofany hazardous substance or solid waste on or to tile Property, and that it will take all steps necessary to 01SUIV that no such hazardous substance or solid waste will ever be discharged onto tile Property by Licensee or its Contractors. 9,03: The terms "hazardous substance" and "release" shall have the meanings specified in (21"'RCLA arid the tenns, "solid waste" and "disposal" (or "disposed") shall have the meanings specified in tile RC RA; PROVIDED, HOWEVER, that in the event either (11 FRCLA or RCIRA is arnended so as to broaden the ineaning of any term defined thereby, Such broader nwaning shall apply subsequent to tile effective date of' such aniendi'llent-, and PROVIDFID F(JR111FIR, (flat to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "'solid waste", or "disposal", which is broader than that specified in either CERCLA or R(,,RA, such broader ineaning shall apply. 9.04. Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted, Licensee shall fully pay 176r all labor arid niaterials, used in, on, 01, about tile Property and will not permit. Or SUflcr any mechanic's or niaterialilien's liens of any nature to be affixed against the Property, by reason of any work done or iriaterials furnished to tile Property at I.Jcensee's instance or request, 11. Maintenance of Completed Improvements. The permitted Improvement shall be maintained by the Licensee in Such a inanner as to keep tile Property in a good and safe condition with respect to licensee's use. In tile event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notily Licensee of such occurrence in writing. Ili the event Licensee shall not have rernedied the flailUre Within ten (10) days from the date or such notice, Licensor shall have the right, but Nordi Riolfland IhUs M, of t,p, [10,Se 4aaaaaNcvaarar 3 of 6 era inch Sanitary Sewer in as 484nch steel c&sing We Post 623.836, I Packet Pg. 4 not the obligation tea remedy Such failure at the sole cost and expense of' Licensee, [if the event Licensor exercises its right to rernedy Licensee's failure, Licensee agrees to, immediately pay, to Licensor all costs, incurred by Licensor upon dernand. 12. Future Use by Licensor. 1101. 1'h is License is made expressly subject and subordinate to the right offAcensor to use the property for any purpose whatsoever. 12.02. In tile event that Licensor shall, at any time subsequent to the date of this I.Jeense, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor "s use of' the Property, Licensee shall, at its sole cost, and expense relocate said Permitted Improvement so as riot to inter fiere with Licensor 's of- Licensor 's assigns use of the Property. In this regard, Licensor nfay, but is not obligated to, designate other property for the relocation of the Permitted Iniprovenient, Licensor shall give a muninurn of thirty (30) days written notice of any required relocation,, t,icerisce shall promptly commence to make the required changes thereafter and shall diligently, complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the constructic)n ofthe Permitted finprovernent off the Property shall be subsequent tea the acquisition of' the Property by Licensor and that Licensee does hereby waive any and all ciairn that it may have under the Act, or otherwise, regarding the payr-rient of any and all relocation benefits and that aB costs associated with any relocation of such Irnproventents shall be borne by Licensee, 14. Duration of License. This License shall terminate and be of' no further force and effect (a), in tile event Licensee shall discontinue or abandon the rise of the Permitted Improvement-, (b) in the event Licensee shall relocate the Perrilitted Improvement firorn the Property; (c) upon termination in accordance vvith paragraph 19 of this License, whichever event first occurs. 1 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and (operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16, Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and nut limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, , , death, or property damage, except to the extent fault is judicially determined against Licensor. 17, 'rermination of License. At such time as this License may be terminated or canceled fo-.)r any reason whatsoever, Licensee, upon request by I.Acensor, shall remove all irnprovernents and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to, a condition satisfactory to Licensor, at Licensee's sole expense. I& Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted Without the prior written consent of l-,icensor which Licensor is under no obligation to grant. Nodh Richland Hills NL of Iron Horse Boulevard 4 of 6 30-inch Smury Sewer in a 48-inch steel casing Mile Post 62 3.8 36 I Packet Pg. 5 19, Methods of 'Fermination, I'll is License Iflay be teraiinated in either of the 1`61lowing ways: 19.0 L By written agreement of both parties; or 19.01 By either party giving time other party thirty (30) days written notice. 2(1. Miscellaneous. 20.01. N ' otice. When notice is permitted of- required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, RdLim Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid1ransit OR 1401 pacific AVellUe Dallas, Texas 752102-72110 A TN Railroad Managenient I Wt,"NSEE: City, of North Richland Hills 7301 NE L,00p 820 North Richland Hills, °l 76180 P. O. Box 660163 Dallas, Texas 75266-7210 P.0, Box 820609 North Richland Hills, Texas 76182-0609 Either party may from tirne to tirne designate another and different address for receipt of notice by giving written notice ol'such change of address, 20.02, (ioverninv La",,. This License shall be construed trader and in accordance Nvith the laws of tile State of Texas, 20.03, ' En " t�rgty_�,igdAi,neildiiiesits. This l-icense embodies tile entire agreement between the parties and supersedes all prior agreements and understandings, if' arty, relating to tile Property and tile matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whorn enforcenient is sought. 20.04. mParties Bound. '['his License shall be binding upon and inure to (lie benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. ' Number and Gender. Words of" any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include tile plural and vice versa, unless the text clearly requires othermilse, 20.06, No Joint Eintenji-ise. 'file parties do not intend that this License be construed as fulding that time parties, have formed a joint enterprise. The purposes for which each party has entered into, this License are separate and distinct, It is not the intent of any of" the parties that a joint enterprise relationship is being entered into and the parties, hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no conlinon pecuniary interests, no common purpose and no equal right of control at-nong the parties hereto, 20,017. New A Yre Input. It is mutually agreed and understood that this License cancels and 6_ " supersedes, effective October 1, 20 l 4, License No. 200103, dated November 13, 2000, or any previous agreeluentS, granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. Noah Richland sculls NL of' Iron Horw Boulevard 5 of 6 304inch Smitary Sewer in a 48-indii sticel c&sing Mille Posk 623.836 I Packet Pg. 6 IN WITNESS WHEREOF", the parties have executed this I-icense in multiple origit'Ws on the date last, sigried, LICLI'NSOR," DALLAS ARUIA RAIIII)TR ANSI T BY: NORMA DE, L,A GARZA-NAVARRO Vice president Commuter Rail & Railroad Management I )a te! I I , I C F N S E" 1 (T F y OF BY: Printed Name: 'title; Date: North Rich d Faits - NE of Iron Horw Boulevard 6 of 6 30 -inch Sawary Smer in a 48-inch steel casing Mile Flost 623-836 I Packet Pg. 7 MX IV is 1° III ti MR 0.7 �r� �I Br�ygy AMA P1 Alll� z I C�ARJ' CROSSING F,& " I [ I T 4T; P Vp 0.7 �r� �I Br�ygy AMA P1 Alll� z I C�ARJ' CROSSING F,& " I [ I T 4T; P Vp NUI H ago I milks 1111111111210116"M LICENSE AGREEMENT THIS Agreement ("License"), is tilade by and between DAIA,AS ARF1A RAIIID TRANSIT ("[Jcensor"), as regional transportation authority, created, organized and existing pursuant to ('hapter 452, Texas Transportation ( ° cede, as amended (tile "Act") arid the ITY OF NORTH RK'HLAND HILL.,S ("Licensee"), as Texas mUllicipal corporation acting herein by and through its duly authorized official, whose tnailing address is I' O. Box 820609�, North Richland Hills, Texas 76182-0609. PUrSUallt to air agreeinent between Ucensor arid Ft. Worth & Western Railroad, (hereinafter the "Railroad"), freight railroad operations exist oil Licensor's corridor, 1. Purpose. Ucensor hereby grants a license (the 'license ") to 1,Acensee for the purposes of constructing, installing, maintaining arid operating one 24-inch Water pipeline within one 30-inch steel casing pipe (the " "Permitted Irriprovernent") crossing the Cotton Belt Railroad I.Jne approximately 639 feet northeast of' Eden Road, at Mile [lost 621,479, in North Richland liflis, Tarrant County, Texas, niore particularly described as shown in Exhibit "A", dated December 10, 1971, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and rilaintaining tile permitted improvement (tile "permitted Ilse "). [Acensee's right to enter upon and use tile Property shall be limited solely to the I)ertuitted Use arid the permitted Improvenient, 2, Tierin. This License shall begin oil the I" day of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by L.Jeensee to Licensor of the following License ['cc: October 1, 2014 $ 815.00 October 1, 201.3 1,638 00 October 1, 2016 $2.445.00 October 1, 2017 $3,260,00 October 1, 2018 $3,342.00 annually in advance, payable on October I (tire "lAcense Fee"), arid (b) the payment annually of the License F'ce oil October I" ofali succeeding years after 2018, based on the annual payment oil October 1, 20,18, PROVIDI-D, HOWEVER, that tile I.Jcensc Fee shall be ad.justed annually beginning October 1, 20,18 by as ('ost of Living AdJUAITICut in tile aniOUT11 of 2,5% ofthe License [,-cc and (c) the performance by Licensee (if each of the obligations undertaken by IJcensee in this I,Aciense, 3.02. Arty payment not received by Licensor by the 1IIth day after it is due, shall bear as late charge of $25.00 to help off'set tile administrative cost involved in handling such late payment, 3.03. [,-or any payment not received by [Jcensor by the 15th day after it is due, such payaient shall bear interest at the rate of 18% per annUill frorn the date it was due until it is paid, in addition to the late charge, NorlhRwhlandHill, NFolTdcaRoad I of '6 24-inch Water, pipe in a 30-inch steel casing Mite Post 621 A79 I Packet Pg. 9 3.04. Acceptance of army License Fee by l-icensor after written notice of" termination or expiration of this License shall not waive, reinstale, continue or extend the terms of this lAcerise. 4. Non F.xclusive License. 'this l-icense is non-exclusive and is subject to (a) army existing utility, drainage or communication facility located in, oil, under, or upon the Property owned by Licensor, ally Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or C01111111.1nication company, located kvithin the bOUndaries of the Property; arid (c) any, existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5, Design, Construction, Operation and Maintenance. Licensor's use of the Property and a4joining property may include the rise of electricafly, powered equipnient. N otwith stand ing Licensor's inclusion within its system of measures designed to reduce stray current which may cause c(,wrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive of to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01, All design, construction, reconstruction, replacement, rernoval, operation and irlaintertance of the Pernritted huprovernent on the Property shall be done in such a manner so as not lo interfere ill ally way with the operations of Licensor or other Railroad operations. In particular, cathodic protection: or other stray ClUrrent corrosion control measures of the Perrnitted finprovernent as required shall be made a part of the design arid construction ofthe Permitted finproven'lent. 5.02. During the design phase and prior to cornniencing any construction on the property, a copy of' the construction plans showing the exact location, type arid depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall riot be unreasonably withheld, No work shall commence until said plans have been approved by Licensor 5.03. By acceptance of this License, licensee agrees to design, construct arid maintain the Permitted linprovenient in such as manner so as riot to create as hazard to the use of the property, arid further agrees to pay any damages which may arise by reason o1A,,JcenSeC'S use of the property. 5.O4. fly acceptance of this License, Licensee covenants and agrees to institute and maintain a reasonable testing prograin to deter nine whether or riot additional cathodic protection of its Permitted Improvement is necessary arid it' it is or should become necessary, such protection shall be ininiediately iuStitUted by Licensee at its sole cost and expense, 5.05- Licensor makes no warranty regarding subsurface installations on the Property. Licensee !shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construct'ion drawings ("as-builts") that are signed and scaled by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost arid expense, shall be responsible for arid shall obtain, any and all licenses, permits, or other approvals from any, and all governmental agencies, fiederal, state or local, required to carry on any activity permitted herein. Norms Richhandllills NVot'Fden Road 2 of 6 Mile Post 621.479 24-inch Water pipe m a 30-4ich steel casing I Packet Pg. 901 1 7. 11censor's Standard Contract and Insurance. No work oil (fie Property shall be commenced by Licensee or any contractor for 1-Jeensce until such [Jeensee or contractor shall have executed lJcensor's Construction Agreement and Contractor's Right of 1M1'ntry covering Such work, and has funlished insurance coverage In Such al"nounts and types as shall be satisfactory to Licensor. A corripany-issued photo identification of Licensee's ernployees, contractors or agents shall be required to work can the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the constrUCti011 period and thereafter, to avoid dainaging any existing buildings, equipment and vegetation oil or about the Property and any adJacent property owned by or under the control of' Licensor. It' the, failure to use reasonable cart, by the Licensee or its contractor causes datuage to the property or any adjacent property, the Licensee and/or its contractor shall huniediately replace or repair tire datuage at no cost or experise to [Jcerrsor. I I'Licensee or its contractor fails or refuses to make or effect ally such repair or replacement, I..icensor shall have the right, but not the obligation, to niake or effiect, any Such repair or replacenient at tile sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon'( deniand. 9. Environmental Protection. 9. ,0 1 . Licensee shall riot use oar permit the rise of' tile Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environinent, including but not limited to, the Conlipreliensive Environmental Response, Compensation and Liability Act ("CERCI..,A"), tile Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ( "C` JA " ") and, the Clearl Air Act ("CAA"). 9.02. Licensee warrants that time Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to time Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by [Jeensce or its Contractors. 9 03, The terns "hazardous substance" and "release" shall have the meanings specified in (.'[-"RCI..,A and the ternis "solid waste" and "disposal" (or "'disposed"") shall have the ineanings, specified in the 1t 'RA; PROVIDED, I IOWI.,"VFR, that in the event either CE'RCl,,A or RCRA is airiended so as to broaden time ineaning of any ternt defined thereby, such broader rneaning shall apply, subsequent to the clTective date of such arneridnient; and PROVIDI-J) FURTHE"R, (fiat to the extent that the laws of' tile State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either C'T'RCLA or RCR-A, Such broader ineaning shall apply, 9.04, Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental: clean up to the Proper", resulting from Licensee's use of the Property under this License. 10, Mcchanic's, Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, oil, or about the Property and will riot perinit or suffer any tnechanic's or triaterialtnen's liens of any nature to be affixed against the Property by reason of any work done or materials fiurnished to time Property at Licensee's instance or request, 11, Maintenance of Completed improvements. The Permitted improvement shall be maintained by time I.Jeensee in such a rilanner as to keep time Property in as good and safe condition with respect to Licensee's use, In the event the I.,icensee fails to maintain time Property as required, upon discovery, Licensor shall notify [Jeensee of such occurrence in writing, fit tire event Licensee shall not have remedied the failure within, ten (R)) days from the date of such notice, Ucensor shall have the right, but North Riciflandifilk NE ofEdea Road 3 o,f 6 24-inch Water pipe in a 30-inch steel easing M i I o Post 62 1 A79 I Packet Pg. 1 not the obligation to remedy such fiailure at file sole cost and expense of I.,icensee. In the event Licensor exercises its right to reinedy 1,icensee's, failure, licensee agrees to immediately pay to Licensor calf costs incurred by Licensor upon demand, 12. Future Use by Licensor. 1101 This IJcense is made expressly subject and subordinate to the right of Licensor to use the Property For any, Purpose whatsoever. 12.02. In the event that Licensor shall, at an), time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Pertflitted Iniprovement shall be necessary, or convenient for Licensor "s use of" the Property, [Jcetisee shall, at its sole cost and expense relocate said Permitted Iniprovement so as not to interfere with Licensor 's or Licensor 's assigns use of the Properly. In this regard, 1-icensor may., but is not obligated to, designate other property for the relocation of the Permitted Iniprovernent. Licensor shall give a mininlUrn of thirty (30) clays written notice of any required relocation. Licensee shall promptly conimence to make the required changes thereafter and shall diligently complete the relocation as, required within as reasonable period. 1. . Relocation Benefits. The parlies hereto agree that the construction of the Permitted Improvetrient oil the Property shall be subsequent to the acquisition of the Property by I.,icensor and that Licensee does, hereby waive any and all churn that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of' such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be ot'no further force and effect, (a) in the event Licensee shall discontinue or abandon the use of the permitted Improvement; (b) in the event Licensee shall relocate the permitted Irnproveillent from the Properly.- (c) upon term i slat ion in accordance wjt[j paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to, indemnify and hold Licensor harmless, from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and (lie Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is ,judicially determined against Licensor, 17. Termination of License. At such time as this I-Jcense may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, Situated in, on, under or attached to the Property, regardless of whether or not such irriprovements were placed thereon by Licensee, and shall restore the Property to a condition salisfiactory to licensor, at Licensee's sole expense. 18. Assignment. I.Jeensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which I.icensor is under no obligation to grant. Nardi Ridfland HiHs ram . ol Eden Road 4 of 6 24-inch: Warner pipe in a 30-inch sled casing We Post 62 1 A79 I Packet Pg. 92 19. Methods of Termination. This License may be terininated in either of the following Nvays: 19,01 , By, written agreernerit ofboth parfies„ or 19.02. By either party giving the other party thirty (30) days written notice, �LMMMTITMM 20,0 1 . N( " itice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U,S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the Following addresses: I.JCENSOR- Dallas Area Rapid Yransit OR 1.401 I'acific Avenue Dallas, Texas 75202-7210 ATTN: Railroad Management L I C L'N S E' E City of North Richland Ili Ils. 7301 NE Loop 820 North Richland I I ills,Texas 76 180 1'. 0. Box 660 1. Ci3 Dallas, Texas 75266-7210 11.0. Box 820609 North Richland I fills,Texas, 76182-0609 I.-l'ither party may from time to time designate another and different address for receipt of notice by giving vo-itten notice of such change ref address 20.02, GAIvenn ']'his I.Acense shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entire arid Arnendn'ients, '['his License embodies the entire agreement between the 111. - ty - - parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and mayr be amended or supplemented only by a written instrunient executed by the party against whorn ent6rcernent is SOUg[W 20.04. Parties BOUnd. This License shall be buiding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns, 20.05. Number ' ' and Gender, Words of any gender used in this I-Acense shall be field and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise, 20,06, No-Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a Joint enterprise. The purposes for which each party has entered into this License are separate and distinct, It is not the intent of any of' the parties, that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no cornmon pecuniary interests, no coninion purpose and no equal right of control anteing the parties hereto. 20,07. New It is mutually agreed and understood that, this I.-Acense cancels arid supersedes, effective October 1, 2014, , License No. 621479, dated January 4, 1973, or any previous agreements granted by LJcensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. NorthRichlandifilk NL 441,lden Road 24-inch Waler pipe in a 30-inch steel "ising 5 of 6 Mite; Posi 621 179 I Packet Pg. 93 IN WITNESS WH•"REOF, the parties have eXeCL11,cd this [Jcensc in multi le originals on the (late last signed. N SOR � DALLAS ARE'A RAPID FRANSIT BY NOR MA DE LA GAR/A-NAVARRO Vice President Commuter Rail &, Railroad Management Date: LAC'L,NSEE'- C ITY OF BY: Printed N,anie: l'itle: Date: North RidilaridWills NFoffdenRoad 6 ot'6 24-iinch Water pipe in a 30-inch steel ca"ong Mile Post 621.479 I Packet Pg. 94 z 4A r v C -77"Z77- 3� Co. AIN ';`' ey IXGTM: for are K ?1": 24" PG: Steal Cyl. Con c. of comwit: CUSAIL: StM ST. 1,CUIS S s.'HT1N7E""D' 77-�'AS liz"IeTised prcmiceo K "C" 621. 479 70 hQM"Q0n St. Lolo anti CITY qF NORTH RICUM HILLS, TEXAS Office of MeV Engincer rcustcn, Temm; Q001 Dec. 10, 1971 �m I Packet Pg. 95 AGREEMENT NO, 220704 LICENSE AGREEMENT THIS Agreement is made by and between DALA-AS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to 01apter 452, Texas Transportation (.,ode, as amended (the "Act") and the CITY OF NORTH R.IC HI-AND HILLS ("Licensee"), a Texas 111LIDiCipal corporation acting herein by and through its duly authorized official, Whose mailing address is [1.0. [lox 820609, North Richland hills, Texas 76182-0609, Pursuant to an agreement between Licensor and Ft. Worth & Western Railroad, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's cmidor. 1. Purpose. L.Jeensor hereby grants a license (the "License") to Licensee for the purposes of constructing, installing, maintaining and operating one 12-inch cast iron sanitary sewer pipeline within one 24-inch steel casing pipe (the " "permitted finprovenrent") crossing the Colton Belt Railroad Line approximately 1,435 feet southwest of Eden Road, at Mile post 621. 72, in North Richland Hills, Tarrant County,'Fexas, more particularly described as shown in Exhibit "A" dated July 30, 1973, attached hereto and incorporated herein for all pertinent purp(,:)ses, (the "property"). Fhe Property shall be used by Licensee solely For the purpose of operating and maintaining the Permitted. ln,iprovernent (the Ilern,dtted Use"). Licensee's right to enter upon and use the Property, shall be limited solely to the Pennitted I..Jse and the permitted Improvement, 2. Term. This License shall begin on tyre V (lay of October, 2014 (the "Term") and continue thereafter until terminated by either party as provided herein. 3. Consideration. 3AL The consideration for the granting of' this License shall be (a) payment by 1-icensee to Licensor ofthe fiollowing I.Jcensc Fee: October 1, 2014 $ 526.00 October 1, 2015 $1,,052,00 October 1, 2016 $1,578,0�O October 1, 2017 $2,105.00 October 1, 2018 $2,158.00 annually in advance, payable oil October I (the "License Fee"), and (b) the paytilent annually of' tile License Fee ern October l" of all succeeding years alter 2,018, based oil thearrIlLial payment on October 1, 2018, PROVIDED, HOWL"VER, that the License Fee shall be adjusted justed annually beginning October 1, 2018 by a ("ost of Living Actiustment in file 111TIOLIFIt of 2.5% ofthe License Fee and (c) the perforrriance by Licensee ofeach ofthe obligatiOrIS Undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge ot'$25.00 to help offset the achninistrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annuin from the date it was due until it is paid, in addition to the late charge. North Ridihind Ifills SW Hof 'Fden Koad I of 6 12-inch Sanimy Sewer in an 24-inch steel easing Mile Post 621.87`2 IPacket Pg. I(') 3.04. Acceptance ofarty, I.Jcensc Fee by,Licensor after written notice oftert-nination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. 4, Non Exclusive License. This License is nowt- exclusive and is SUbJect to (a) any existing utility, drainage or conunia-fication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by -my Railroad, utility or communication company, located within the boundaries of the property, and (e) any existing lease, license or other interest in the property granted by Licensor to any individual, corporation or other entity, public or private, 5, Design, Construction, Operation and Maintenance. Licensor's use of the property and adjoining property rnay include the use of electrically powered equipment. Notwithstanding 1,icensor's, inclusion within its system of tricasures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted linprovement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5,01 . AH design, construction, reconstruction, replacetnent, removal, operation and maintenance ofthe Perinulled Improvernent, on the Property shall be done in such a manner so as not to interfere it) any way with the operations of' Licensor or other Railroad operations. In particular, cathodic protection or other :stray current corrosion control ineasures. ofthe Permitted ImproVeRICTIt as required Shall be made a part of the design and construction, of the Permitted Improvement, 5,01 During the design phase and prior to commencing any construction on the Property, as copy of the construction plans showing the exact location, type and depth of," the construction, any cathodic protection measures and any working area, shall be submitted for written approval to I.Jcensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said platts have been approved by I...,icensor. 5, .03, 13), acceptance of this License, Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any dainages which may arise by reason of Licensee's use of the Property. 5.04. By acceptance ofthis License, Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Pertnit-ted Improvement is necessary, and if' it is Or should become necessary, such protection shall be infurrediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings, ("as-buills") that are signed and sealed by as Texas Professional Engineer within sixty ("60") days of completion of the project. 6, C,overnmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals fa -oni any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein, North Richland 11H] s SW seam An Road 2 of 6 Q-inch Sammy Sewer in an 24-mch sted casmg MHQ Post 621,872 I Packet Pg. 7 7. Licensor's Standard Contract and Insurance. No work on the Property shall be coillmenced by Licensee or any contractor for I.Jeensce until such Licensee or contractor shall have executed 1,Jcensor's Construction Agreement and Contractor's Right of F"ntry covering Such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A cornpany-issued photo identification of Licensee's employees, contractors or agents shall be required to work oil the Property, 8. Duty of Care in Construction. Liciesisee or its contractor shall use reasonable care during the construction period and thereafter, to avoid darnaging any existing buildings, equipment and vegetation oil or about the Property and any adjacent property owned by or under the control of Licensor. If' the failure to use reasonable care by (lie Licensee or its contractor causes darmage to the Property or any adjacent property, the Licensee and/or its contractor shall immediately replace or repair the darnage at no cost or expense to Licensor, If Licensee or its contractor fails, or refuses to make or effect ally such repair or replacement, Licensor shall have the right, but not the obligation, tea remake or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense 1-icensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01, Licensee shall not use or permit the use of the Property for any purpose that may be in violation of' any local, state or federal laws, pertaining to health or the erivironinent, including but not limited to, the Comprehensive Environniental Response, Compensation and Liability Act ("CERCLA"), time RCSOUNC ("onwrvation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and time Clean Air Act ("CAA-). 9.02, Licensee warrants that the Peri-nitted Use of the Property will not result ill the disposal or other release ofany hazardous Substance or solid waste on or to the Property, and that it Nvill take all steps necessary to ensure that rio such hazardous Substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors, 9.03, The terms "hazardous Substance" and "release" shall have the meanings specified in (,r'T1'RCI,A and the terns "solid waste" all(] "disposal" (or "disposed") shall have the meanings specified ill the RCRA-1 PROVIDED, HOWEVER, that in the event either Cl."RCLA or RCRA is amended so as to broaden the nicaning of' any term defined thereby, Such broader meaning shall apply subsequent to the effective date of such aniendnient,- and PROVII)FID FUR"I'l IER, that to the extent that the laws o. f the State of I-exas establish a meaning for "hazardous SUbstarice", "release", "solid waste", or "disposal", which is broader than that specified in either (,',ERCLA or RCRA, such broader rneaning shall apply. 9.04. Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's, use of the Property under this License. 10. Mechanic's Liens Not Permitted. [Jeensee shall fully pay for all labor and materials used in, ()it, or about the Property and will not perinit, or Suffer any mechanic's or triaterialn-len's liens of any nature to be affixed against the Property by reason of' any work done or materials Furnished to the Property at I,Jcensiee's instance or request. 11. Maintenance of Completed Improvements. The Permitted fillprovernent shall be niaintained by the Licensee in Such a manner as to keep the Property ill a good and safe condition with respect to I-icensee's use, In the event the Licensee fails, to maintain the Property as required, upon discovery, I.-Jeensor shall notify Licensee of such occurrence ill writing. Ill the event Licensee shall not have remedied the failure within ten (10) days froin the date of"such notice, Licensor shall have the right, but Norlb Richland I tills SWof lad enRoad 3 of`6 12-inch Sankary ScA,cr in jm 214-mch slect casing Mile Post 621 872 I Packet Pg. 98 not the obligation to rernedy such failure at the sole cost and expense oft,icensee. fit the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to iturnediately pay to Licensor all costs incurred by LicenS(H- Upon demand. 12. Future Use by Licensor. 1101. '['[its License is niade expressly subiect and subordinate to the right of' L.,icensor to use the property for any purpose whatsoever, 1102. In the event that Licensor sliall, at any tirrie subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall, be necessary or convenient for L.,icensor 'S use of the Property, Licensee shall, at its sole cost and expense relocate said permitted Improvement so as not to interfere Nvith Licensor 's or Licensor 's assigns use of the Property. [it this regard, L,icensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a rnininmin of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter art(] shall diligently cornplete the relocation its required within a reasonable period. 13. Relocation Benefits. The parties heretoo agree that the construction of the Permitted Improvement on the Property shall be subseqUellt to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have Under the Act, or otherwise, regarding the payrrient of any and all relocation benefits and that all costs associated with any relocation of' such Improvements shall be borne by, Licensee. 14. Duration of License. This License shall terminate and be of' no further force and effect (a) in tile event L.icensee shall discontinue or abandon the use of the Permitted Iniprovernent; (b) in tire event Licensee shall relocate the Permitted Improvement froin the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom, 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, clainsis of negligence, arising out of this t,icense (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about (lie Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At SLIch time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all im proverric tits and appurtenances, owned by it, situated in, on, under or attached to (lie Property, regardless of' whether or not such iniprovements were placed thereon by 1-icerisee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense, 1 8. Assignment. Licensee shall not assign or transfer its rights under this L,icense in whole or it) part, or permit any other person or entity to use tile License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant!. North Richland slffls SW ol"Itien Road 4 of 6 r2 iawc;h Sanitar, y Scwer in an 24-mch sices caspng M i I e Post 62 L 87 I Packet Pg. 9 9 19 Methods of Termination. This License may be terminated in either of (tic following ways: 19 O 1 . By written agreement ot"both parties; or 19A2, By either party giving the other party thirty (30) days written notice. 20, Miscellaneous. 20,01, N.o.tice, When notice is permitted or required by this License, it shall be in writing and shall be dectned dellivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LIC, EN SOR Dallas Area Rapid Transit OR 140 1 Pacific Avenue Dallas, Texas 75202-7210 ATTN: lUlroad Managcnient LICENSI..,"E: ( I " ity of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 P. 0. Box 660163 Dallas, "texas 75266-7210 p.O. Box 820609 North Richland Hills, 'Texas 76182 -060 Either party may frot'n time to time designate another arid different address fior receipt of notice by giving written notice of such change of address. 20.02, Gove: [tig.-Lavv, ]'his License shall be construed under and in accordance with the laws of the State of Texas, 20.0 EqtJtKty arid Amendments. This License embodies (lie entire agreement between the pat-ties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or Supplemented only by as written instrm,nent executed by the party against whom enforcement is sought. 20,04. Parties Bound". This License shall be binding Upon and inure to the benefit of the executing parties arid their respective heirs, personal representatives, Successors and assigns, 20.0 5, Nm,nber and Gender. Words of' any gender used in this license shall be held and construed to include any other gender-, and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise, 20.06. No Joint , 1, , mteypEjse, The parties do not intend that this License be construed as finding that the parties have formed ajoint enterprise. The purposes for which each party has entered intta this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaims such relationship. This License does not constitute a joint enterprise, as there are no coninion pecuniary interests, no connnon purpose and no equal right of control among the parties hereto, 20.07. Ne A ment, It is ITILItUally agreed and understood that this License cancels and AY gEe—e .. .... .... K-1. supersedes, effective October 1, 2014, License No. 621872, dated AUgLISt 16, 1973, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline, North RidAandffilk SWoft-AenRoad 5 of 6 12 inch STfitkJJ)r �wcwcr in an 24-inch sued cwsing Mile Post 62 1 V2 I Packet Pg. 00, IN WITNLI'SS WHEREOF, the parties have eXeCUted this License in multiple originals on the date last signed. LICE'NSOR� DALLAS AREA RAPIDTRANSIT BY: NORMA DE LA GARZA-NAVARRO Vice President Conit'nuter Rail & Railroad Management Date: LICE'NSEL CIf y 0 F 13 Y: 11rinted Nal,ne: Title: Date: North Richland Ifilts, SW of[Acti Road 6 of 11 2-mchi Smitaty Sewer in au 24-inch steel casing Mile [lost 62 V87 I Packet Pg. 01 q— A e .. . . .... ... ...... . . ............. . . . . . . .. ............. 00 I Packet Pg. 02 Exhibit, "All ST. LOUT,,-,; RJIJ"CMAY LINT',s Near SMITHFIELD, MAS Red Propored of 121, C1, nr 1'9's -if' Sanitary Sewer Une. ,,,—F,.Tv,62i.8 *72, DATA t "i av C 0 n 12" 0 Pi pr Cast Iron CITY OF NORTH RICHLAND HILLS , TEXAS 1001 Vnr,t,h of cnd, l = 60 Ft� K Kin,d n' a'onl -dt - Steel Pip�e 100, July 30, I Packet Pg. 02 AGREEMENTNO. 220705 MODEM Au"ail antam THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing Pursuant to Chapter 452, Texas Transportation Code, as an (tile "Act") and the CITY OF NORTH RICHLAND HILLS ("Licensee"), a Texas municipal corporation acting herein by and through its duly authorized official, whose mailing address is P.O. Box 820609, North Richland Hills, "Texas 76182-0609. Pursuant to an agreement between. Licensor and Ft. Worth & Westcm Railroad, (lici-cinafter the "Railroad"), freight railroad operations exist on Licensm's corridor. 1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of'constructing, installing, maintaining and operating one 24-inch sanitary sewer pipeline within one 30-inch steel casing pipe (the "Permitted improvement") crossing the Cotton Belt Railroad I-ine approximately 1,100 feet southwest of Mid-Citics Boulevard, at Mile Post 623.642, in Norill Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibit "A", dated November 4, 1971, attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the purpose of operating and maintaining tile Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. This License shall begin on the V day of October, 2014 (the "Term") and Continue thereafter until terminated by either party as provided herein. I. Consideration. 3.0L The consideration for tile granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 2014 $ 590.00 October 1, 2015 $1,180.00 October 1, 2016 S1,770.00 October 1, 2017 $2,360.00 October 1, 2018 $2,419.00 annually in advance, payable oil October I (the "License Fee"), and (b) the payment allnUally of tile License Fee oil October I" of all succeeding years after 2018, based on tile annual payment oil October 1, 2018, PROVIDED, I IOWEVER, that the License [`cc shall be adjusted annually beginning October 1, 2018 by a Cost of Living Adjustment in tile arn0t.ult ol'2.5% of the License Fee and (c) the performance by Licensee (if each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of $25,00 to help offset the administrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. Norlh Richland I tills SWOPvlid Cities Boulevard I of 6 24-inch Sanitary Sewer in an 30-inch steel casing Mile Post 623.642 I Packet Pg. 103 3,04. Acceptance of any License Fee by Licensor after written notice oftermination or expiration of this License shalt not waive, reinstate, continue or extend the terms of this I-icense. 4. Non Exclusive 'License. This License is non - exclusive and is subject to (a) any existing utility, drainage or COtTimunication, facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company,, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to ally individual, corporation or other entity, public or private. 5- Design, Construction, Operation and Maintenance. Licensors use Of the Property and adjoining property may include, the use Of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray Current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5,01, All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shalt be done in such a manner so as not to interfere in any, way with the operations of' Licensor or other Railroad operations. In particular, cathodic protection or Other stray current corrosion control measures of the Permitted Iniprovemcni as rewired shall be trade a part of the design and construction of the Permitted Improvement, 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, ally cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall cotnonence until said plans have been approved by Licensor. 5.03. By acceptance of' this License, Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5,04. By acceptance of this License, Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of' its Permitted. Improvement is necessary and if it is or should become necessary, such protection shall be inuiriediately instituted by Licensee at its sole cost and expense, 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and scaled by a Texas Professional Engineer within sixty ("60") days of completion of the pr(kiect. 6. Governmental Approvals, Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals frorn any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. North Richland I fills, - SW of Mid CIt ics Boulevard 2 of 24 -Erich Sanitary Sewer in an 30-inch steel easing Mile Post 623.642 I Packet Pg. 104 7. Licensor's Standard Contract and Insurance. No work oil the Property shall be COrritnenced by Licensee or any, contractor for Licensee until such Licensee or contractor shall have excented I.Jectisor's Construction Agreement and Contractor's Right of Entry, covering such work, arid has furnished Z!, insurance coverage in such amounts arid types as shall be salistlictory to Licensor, . A cornpany-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment arid vegetation oil or about the Property arid any adjacent property owned by or under the control of Licensor. If the failure to use reasonable care by the Licensee or its contractor causes daniage to the Property or any adjacent property, the Licensee and/or its contractor shall inirnediately replace or repair the damage at no cost or expense to Licensor. If L. icensee or its contractor fitils or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to inake or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or lederal laws pertaining to health or the crivironitient, including but not limited to, the Cornpreliensive Environniental Response, Conipensation and Liability Act (TERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act. ("CWA") and the Clean Air Act ("CAA"'), 9.02, Licensee warrants that the Permitted Lhse of the Property will not result in the disposal or other release of any hazardous Substance or solid waste oil or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.01 The terms "hazardous substance" and "release" shall have the nicanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the nicanings specified ill the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so its to broaden the moaning of` any torin defined thereby, such broader tileaning shall apply subsequent to the effective date of such arnendrneiw, and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a tneaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, Such broader moaning shall apply. 9.04, IACCRSCe shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall Fully pay, for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or niaterialtrien's liens of any nature to be affixed against the Property by reason of any work done or materials Furnished to the Property at [-,icetisce's instance or request. I I. Maintenance of Completed Improvements. T'he Perinitted Irnprovernent shall be rnaintained by the Licensee in inch a trianner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, 1.,iceasor shall notify Licensee of such occurrence in writing, In the event Licensee shall not have remedied the tailure within tell (10,) days from the date of such notice, Licensor shall have the right, but North RichtandifiHs SWot'MidCaicsHoulevard 3 of 6 24-inch Switary Sek er m wi 30-inch steel msing Mile [lost 623.642 I Packet Pg. 105 not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to iminediately pay to Licensor all costs incurred by Licensor upon demand. Q. Future Use by Licensor. 12.01. This License is made expressly sufject and subordinate to the right Of Licensor to use the Property for any purpose whatsoever, 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine Ihat the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of the Property, Licensee shall, at its sole costt, and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use Of the Property. In this regard, Licensor may, but is not obligated tor, designate other property for tile relocation of the Permitted Improvement. Licensor shall give a tninirmim of thirty (30) days written notice of any required relocation. Licensee shall promptly cornmence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Pen - pitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that I,Jeensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs, associated with any relocation Of Such 1111prOVenlents shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of' no Further Force and effect (a) in the event Licensee shall discontinue or abandon the use of tile Permitted Improvement, (b) in the event Licensee shall relocate the Porinitted Improvement from (lie Property; (C), upon termination in accordance with paragraph 19 oaf this License, whichever event, First occurs, 151, Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnity, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's, fecs and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determine(] against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all iniproverne tits and appurtenances owned by it, situated ill, 011, Under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. North Richland ffiHs SW ofklid Cifics Boulevard 4 of 6 24-inch Sanitary fee+ er in an 30 -inch sIeel casing We Post 621642 I Packet Pg. 06 19'. Methods ofTet-mination. This License may be terminated in eitherofthe following ways: 19,01. By written agreement of both parties; or 19.01 By either party giving the other party thirty (30) days written notice, 20. Miscellaneous. 20.01, Notice. When notice is permitted or required by this License, it shall be in writing and shall be deerned delivered when delivered in person or when placed, postage prepaid, in the U.S, Mail, Certified. Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Fra n sit OR 1401 Pacific Avenue Dallasjexas 75202-7210 ATT'N: Railroad Management LICENSFF': City of'North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 11. 0. Box 660163 Dallas, "Texas 75266-7210 P.O. Box 820609 North Richland Hills,, Texas 76182-0609 Either party may frorn tinie to time designate another and difl"crent address for receipt of notice by giving written notice ofsuch change of address. 20.02. Gove U w. on rn U '['his License shall be construed under and in accordance with the laws — ' i " a of the State of'rexa5. 20.03 ntlrrty, and Amendments. This License embodies the entire agreernent between the parties and Supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended of- supplemented only by a written instrument executed by the party against whorn enforcement is sought. 20.04. " I ' I a " rties B - om " i - T d '. his [Acense shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns, 20,05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Lliterorise. The parties do not intend that this License be construed as finding that the parties have formed ajoint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no cormnon pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07, New - Agr cflj- It is Mutually agreed and supersedes,, effective October l, 2014, L-Acense No. 623642, agreements granted by Licensor or Licensor's predecessor pipeline, North Richland fliUs , SW of Mid Cities Houlevard 5of6 24-inch Swiitary Sewer in an 30-inch steO miag understood that this License cancels and dated November 9, 1971, or any previous railroads in regard to this sanitary sewer Mile, Post 623.642 I Packet Pg. 1 07 IN Wl'T'N[-.,SS WHEREOF, the parties have executed this License in multi le originals on the date last signed, f,10'.NSOR: DALLAS AREA RAPIDTRANSIT BY: NORMA DE LA GARZA-NAVARRO Vice President Commuter Rail & Railroad Management Date: LICENSEE: C ITY OF BY. 11rinled Name: Title: Datc; North Richhuid Hilk SW ol'Mid Cities Boulevard 6 of 6 2-4-inch, Sanitary Sewer in an 30-inch stecl casing Mile Post 623,642 I Packet Pg. 08 16�4.a Packet Pg. 109 Ct 0 0 l 0 0 � 00 �-LF+ � � 0 to C7 C) o :s " Co t4b 0 11 o, C5Y CD J I CD 67 t atl CD zia P w Al Ct fA t14 0 p�+. C r i t7 its M I Qy to C4,` O C4, n r, cp . fCu Qu cD Bchro i+ :. SSA x �`" QM qq�� c'( A. Fd CD C"13 GSi Cr 16�4.a Packet Pg. 109 AGREEMENT NO, 220706 LICENSE AGREEMENT THIS Agreement (41-icensc"), is made by arid between DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and the CITY OF NORTH RICUILAND HILLS ("Licensee"), a Texas municipal corporation acting herein by and through its duly authorized official, "-]lose availing address is P.0, Box 820609, North Richland Hills, Texas 76182-060�9, Pursuant to an agreement between Livvusoi and Ft. Worth & Western Railroad, (hereinafter the "Railroad"),, freight railroad operations exist oil Licensor's corridor. 1. Purpose. Licensor hereby grants as license (the "License") to Licensee for the purposes of constructing, installing, illaintaining and operating one 12-inch water pipeline within one 20-inch steel casing pipe (the "Permitted Improvement") crossing the Cotton Belt Railroad Line approxinlately 54 feet west ol'PrLcinct Line Road, at Mile Post 620.80, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibits "A-l" and A-2", dated September 2, 1994 and undated, respectively, attached heretua and incorporated herein for al!l pertinent purposes, (the "Property"). The Property shall be used by Licensee solely for the put-pose of'operating and maintaining the Pern-titted Improvement (the "Permitted Use"), Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improverrient, 2. Terin. This License shall begin oil the V day of October, 2014 (the "'Yerill") and continue thereafter until terminated by either party as provided herein. 3,. Consideration. 3.01, The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of the following License Fee: October 1, 20 l 4 $ 634.00 October 1, 2015 $1,268.00 October 1, 2016 $1,302.00 October 1, 2017 $2,535.00 October 1, 2018 $2,598.00 annually in advance, payable oil October I (tile "'License Fee"), and (b) the payment annually of the License Fee on October I" of all succeeding years after 2018, based oil the allnUal payment oil October 1, 2018, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, 2018 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. 3.02. Any payment not received by L,icensor by the 10th day after it is due, shall bear a late charge of $25.00 to help offset the administrative cost involved in handling such late payment, 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annurn from the date it was due until it is paid, in addition to the late charge, North Ridiland milk W ot'llfccinct Linc Road I of 6, 12-inch Water Line in as 2U-indi steel casing Mile Post 620,80 I Packet Pg. 10 3,04, Acceptance of any License Fee by Licensor after written notice of termination or expiration of this IJeenic shall not waive, reinstate, continue or extend the terms ofthis License, 4. Non Exclusive License. '['his License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by l..icensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or cornmunication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. 1-icensoz•'s use of the Property and adjoining property may include the Use of electrically, powered equipment, Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray Current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effect's to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard ter any claim arising from such corrosion. 5A], All design, construction, reconstruction, replacernent, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any. ,way with the operations of licensor or other Railroad operations. Ili particular, cathodic protection or other stray Current corrosion control measures of the Permitted Improvement as required shall be made a part ofthe desig gn and construction ofthe Permitted Improvement, 5,02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection rucasures and any working area, shall be submilled for written approval to [Acensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. By acceptance of this License, . Licensee agrees to design, construct and maintain the Pennitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason ot* Licensee's use of` the Property. 5.04 By acceptance of this License, Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted linprovenient is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals frorn any and all governmental agencies, federal, state or local, required to carry oil any activity permitted herein. North Hichlarid Ififls , W of'Paeortc( Uric toad 2 of 6 Nfile Post 620.80 12-6icb Water hile in as 20 -inch steel casirig I Packet Pg. 11 7. Licensor's Standard Contract and Insurance. No work oil the property shall be commenced by licensee or any contractor For Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of 1.41'ritry covering such work, and has furnished insurance covera-e in Such amounts, and types as shall be satisfactory to Licensor, A company issued L� Y photo identification of Licensee's employees, contractors or agents shall be required to work oil the 13roperty. 8, Duty of Care in Construction. Licensee or its contractor shall use reasonable care during tile construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any ad ' jacent property owiled by or under the control of Licensor. It' tile failure to use reasonable care by (he Licensee or its contractor causes dairrage to the Property or any adjacent property, the Licensee andlor its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any, Such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any Such repair or replacement at the sole cost and expense of 1.,icensee, which cost and expense Licensee agrees to pay to Licensor upon dernand, 9. Environmental Protection. 9.01 . Licensee shall not use or pernlit the use of the property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, (lie Comprehensive Ltivironniental Response, Cotripensation and [[ability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CVA") and the Clean Air Act (*'CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result ill tile disposal or other release of any hazardous substance or solid waste oil or to tile Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its ('ontraetors. 9,03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste"' and "disposal" (or "disposed") shall have tile meanings specified in the RCRA; PROVIDED, UJOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the ineaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date oaf such amendment-, and 11ROVI1)ED FURJTIFRl that toe the extent that the laws oaf -tile tile State of Texas establish a meaning for "hazardous substance", "release", "'solid waste", or "disposal", which is broader, than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9A4. Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanics Liens Not Permitted. Licensee shall fully pay flor all labor and materials used ill, oil, or about the Property and will not permit or cuff any niechanie's or nlaterialmen's liens ofany nature to be affixed against (lie Property by reason of any work done or materials furnished to tile Property at Licensce's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by tile Licensee in such a manner as to keep tile Prclperty in a good and sate condition with respect to Licensee's use, Ili the event the Licensee fails to maintain tile Property as required, upon discovery, Licensor shall notify Licensee of' such occurrence in writing. Ili the event Licensee shall not have remedied the failure within tell (R)) days from the date of'such notice, Licensor shall have tile right, but NmIliKOflandhilts Wot'llrecinct Line Road 3 of'6 12-inch Water Line in a 20-inch sit:0 casing Mile Post 620.80 I Packet Pg. 12 not the obligation to remedy such failure at the sole cost and expense of"Licensec. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 1101. ']'his License is niade expressly sut1ject and subordinate to the right ofLicensor to use tile Property for any purpose whatsoever. 12.01 In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor 's use of' the Property, [Jeensce shall, at its sole cost arid expense relocate said Pennitted [triprovenient so as not to interfere with Licensee's or Licensee's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for tile relocation of the Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period, 13, Relocation Benefits. 'I'lle parties hereto agree that the construction of the Permitted Iniprovenlent oil the Property shall be sul-,)sequent to tile acquisition of the Property by Licensor and that Licensee does, hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such I in prove illen ts shall be bonne by Licensee, 14. Duration of License. This License shall terniiinite and be ofric) further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement, (b) in the event Licensee shall relocate the permitted Improvement from the Property; (C) Upon termination in accordance with paragraph 19 of this License, whichever event first occurs, 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harFuIcSS from any failure to so abide and all actions resulting therefrom. 16, Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence oil or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor, 17. Termination of License. At such time as this License may be terminated or canceled f'or any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, oil, under or attached to tile Property, regardless of whether or not Such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. North Richland lfilhi --W orilrecinct Linc Road 4 of" 6 12-melt Water Linc in as 20-inch steel casing Mile Post 620.80 I Packet Pg. 13 19. Methods ofTermination. '['his License may be terminated in either of the following ways: 19.0 1. By written agreement of both parties; or 19.02. By either party giving the other party thirty (30) day's written notice. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, ill the U & Mail, Certified, Return Receipt Requested, and addressed to the Parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue Dallas, Texas 75202-7210, ATTN: Railroad Management LICENSE'E: City of North Richland Hills 7301 NE L,00p 820 North Richland Hills, "Texas 76180 P, 0, Box 660163 Dallas, Texas 75266-7210 P.O. Box 820609 North Richland Flills,Texas 76182-0609 Either party nlay firorn time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing L,aw. This License shall be construed under and in accordance with the laws of the State of "Texas. 2,0.03. Entirety and Amendme ' tits, This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the rnattcrs addressed herein, and may be amended or supplemented only by a written instrument executed by, the party againstwhorn enforcement is sought. 20.04. Parties Bound, This License shall be binding upon and inure to the benefit of tile executing parties and their respective heirs, personal representatives, successors and assigns, 20.05. Number and (3ender. Words of' any gender used in this License shall be held and construed to include any other gender; and words in tile singular shall include the plural and vice versa, unless the text clearly requires otherwise, 20.06. No Joiljtj_ntc-rprise. The parties do not intend that this License be construed as finding that the parties have fortned a joint enterprise. The purposes for whieh each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise,, as there are no common Pecuniary interests, no common purpose and no equal right of control arnong the parties hereto. 20.07. New Agreement supersedes, effective October 1, agreements granted by Licensor pipeline. North Richland Hills W offrecinct Line Road 1? inch Water Line in a 20-inch stcd casing It is mutually agreed and understood that this License cancels and 2014, License No. 941105, dated October 31, 1994, or any previous or Licensor's predecessor railroads in regard to this sanitary sewer 5 of 6 Mile Post 620,80 I Packet Pg. 14 IN WITNESS WHEREOF the parties have executed this License in multiple originak, on the date last signed. LICENSOR-. DALL,AS AREA RAMD TRANSIT BY: NORMA DIE L,A GAR ZA-N .VA RRO Vice President Cojunwter Rail & Railroad Management Date: 1,1C ?IN S E F: CITY OF BY: Printed Narne: Title: Date: North Richland Hills ,W of 1'rccnw( Line [toad 6 of 6 12-inch Water, Line in a 20-inch sacel casing Mile Post 620�,80 I Packet Pg. 15 II i If I ;1j, I � 1: , , , flit I txl I 'ZI hl INNb4INIII II NI I Pit ki I I aw -1 ills t111,11 tt rim I IAJ d to p;h,N� Dal I�oNk����tl uA 11111 A'J'11' I "; 11 !1 v fill Ng Igls t a DalIppllldll NrIINII Ip IlfI sNNNrIIN IIII it I gig GICI 00 INNINkII IINIPNrd OCE) IN C30 I1 00 ca ac 6 Packet Pg. 1 16 " 4 • A 9 C q x oe 4r .^ 7r " N I co a a� 0 cn M1 ` ' �y a my �• � � a 'kr.�l � � � � �� " " Pl� �, "aa LG,a waxp w Y tll { tli Packet Fig. 117 AC1RI-,,'I`.1MENT'N0, 220707 LICENSE AGREEMLY111' THIS Agreement ("Lieense"), is made by and between DALLAS AREA RAPID TRANSIT ("Licensor"), as regional transportation authority, created, organized and existing pursuant to, Chapter 452, Texas Transportation Code, as amended (the "Act") and the Cf'I`Y OF NORTH RICHLAND FALLS ("Licensee"), a Texas municipal corporation acting herein by and through its duly authorized official, whose mailing address is P.O. Box 820609, North Richland Hills, Texas 761 82-060 �9. Pursuant to an agicement between Licensor and Ft. Worth & Western Kailroad, (hereinafter the "Railroad"), freight railroad operations exist oil Licensor's corridor. 1. Purpose. Licensor hereby grants a license ([he "'License " "') to) Licensee Im- tile purposes of constructing, installing, maintaining and operating one 8-inch stinitary sewer pipeline within one 16-inch steel casing pipe (the " "Permitted Improvement") crossing the Cotton Belt Railroad Une approximately 61 feet west of Precinct Line Road, at Mile Post 620.80, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibits -A- I" and "A-2", dated September 2, 1994 and undated, respectively, attached hereto and incorporated herein Liar all pertinent purposes, (tile "Property"). The Property shall be used by I.Jeensee solely for the purpose of operating and maintaining the Permitted Improvement (the " "Permitted Use"). I,Jcensce's right to enter upon and use tile Property Shall be limited solely to the Permitted Use and tile Permitted Improvement. 2. Term. 'I"his License shall begin oil tile V day of October, 2014 (the .. Ferni") and continue thereafter until terminated by either party as provided herein. kWVMW1WFTM 3,0L The consideration for the granting of this License shall be (a) payment by Licensee to Licensor of tile following License Fee: October 1, 2014 $, 375.00 October 1, 2015 $ 750.t1O October 1, 2016 $1,125.00 October 1, 2017 $1,500.00 October 1, 2018 $1,538.00 annually in advance, payable on October I (the "License Fce"), and (b) (lie payment annually of tile License Fee on October I" ()fall succeeding years Act- 2018, based oil the annual payment on October 1, 2018, PROVI DFD, HOW[WER, that the License Fee shall be adjusted annually beginning October 1, 20 18 by a Cost of Living Adjustment in tile amount of 2.5'No of the License Fee and (c) the performance by Licensee of each of tile obligations undertaken by Licensee in this License, 3.01 Any payment not received by Licensor by the 10th day after it is due, shall bear as late charge of $25.00 to hell) offset the adniinistrative cost involved in handling such late payment. 3.03. For any payment not received by Licensor by the 1. th day after it is due, such payment shall bear interest at the rate of 18% per annum from tile date it was due until it is paid, in addition to the late charge. North HichLuid hills W off'recinot Line Road I of'6 8-inch Sanitary Sewer in as 16-inch steel casing Mile [lost 620.80 I Packet Pg. 18 3.0 4. Acceptance of any License Fee by Licensor after written notice of termination or expiration of` this License shall not waive, reinstate, continue or extend the terms, of this License. 4. Non Exclusive License. This License is non - exclusive and is subject to (a) any existing utility, drainage or cone-riunication racility located ill, on, under, or upon the Property owned by Licensor, any Railroad, utility, or Communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (C) any existing lease, license or other interest ill the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property inay include tile use of" electrically powered cqUipinent. Notwithstanding Licensor's ifICILISi011 within its systern ofineasurcs designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to (lie Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01, All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement oil the Property shall be done ill SLICII a manner So as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the I-ermitted Improvement as required shall be made a part ofthe design and construction of the Permitted linprovement. 5.02. During the design phase and prior to coniniencing any construction oil the property', a copy of tile Construction plans showing the exact location, type and depth of the construction, ally cathodic protection measures, and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be Unreasonably withheld. No work shall commence until said plans have been approved by Licensor, 5.03. By acceptance of this License, Licensee agrees to design, construct and maintain (lie Ilennitted Improvement ill such a manner so as not to create a ha and to the use of the Property, and further agrees to pay any damages which may arise by reason ofl-icenSCCS use 0011C Property. 5,44. By acceptance of this License, Licensee covenants and agrees to institute and maintain a reasonable testing, program to determine whether or not additional cathodic protection of its permitted Improvement is necessary and if it is or should become necessary, such protection shall be itillilediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5,06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by as Texas professional Engineer within sixty ("60") days of completion of the protect. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry oil any activity permitted herein. North Richland Frills W ol"Trecinct Line Row id 2 of 6 Mile Post 620.80 8-inch Saniuuy Sewer in �i 16-inch steel casing Packet Pg. '19 7. Licensor's Standard Contract and Insurance. No work oil the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of EIntry covering such work,, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company iss tied photo identification of Licensee's employees, contractors or agents shall be required to work Oil tile Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during tile construction period and thereafter, to avoid darnaging any existing buildings, eqUiprilent and vegetation oil or about the Property and any adjacent property owned by or under tile control of Licensor. If the failure to use reasonable care by the Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its contractor shall inin-lediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have tile right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor Upon demand. 9. Fnvironniental Protection. 9.01. Licensee shall not use or permit the use of tile Property for any purpose that tilay be in violation of' any local, state Or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act (TERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean, Water Act (*CWA*') and the Clean Air Act ("CAA"),. 9.02. Licensee warrants that the Perniitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste oil or to the Property, and that it will take all steps necessary to ensure that no Such hazardous substance, or solid waste will ever be discharged onto the Property by Licensee or its Cori tractors. 9.03. The terms "hazzi-dOUS substance" and "release" shall have the meanings specified ill CERCLA and tile terms "'solid waste" and "disposal" (or "disposed") shall have tire meanings specified in the RCRA; PROVIDED, HOWEVER, that in tile event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader nicaning shall apply subsequent too the effective date Of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste " ", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9,04, Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean tip to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee: shall fully pay for all labor and materials used in, on, or about the property and will not permit or suffier any inechanic's or niaterialinen's liens of any nature to be affixed against the property by reason of any work done or materials furnished to the property at Licensee's instance or request. I I. Maintenance of Completed Improvements. The permitted Improvement shall be maintained by the Licensee in such a manner as to keel) the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify I.JCeFISCC Of Such occurrence in writing. Ill the event Licensee sillall not have remedied the fitilurc within ten (10) days firoin the date of such notice, Licensor shall have the right, but NorthRichlandl- lills Wof1'recinal-ineRciad 3 of Ca Mile Post 620.80 8-inch Sanilary Soya in a 16-inch stcd casing I Packet Pg. 20 riot the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 1101. This License is made expressly Subject and Subordinate tar tile right of[Jeensor to rise the Property For any purpose whatsoever, 12,021. In the event that Licensor shall, at any time subsequent to the date of" this License, at its sole discretion, determine that tile relocation of' the Permitted Improvement shall be necessary or convenient for Licensor 's use of" the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvenrent so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement, Licensor shall give a minin-rurn of thirty (30) (lays written notice of ally required relocation. I.Jeensee shall promptly commence to make the rC(JUired changes thereafter and shall diligently complete the relocation as required within as reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on tile Property shall be subsequent to the ac(lUiSiti011 01' the property by Licensor and that Licensee does hereby waive any and all claini: (hat it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Pennitted Improvement from the Property; (c) upon termination in accordance with paragraph l 9 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the 'Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting tile re from. 16. Indenlinification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way (if tile Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be tenninated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to tile Property, regardless of' whether or riot such improvements were placed thereon by Licensee, and shall restore (lie Property to a condition satisfactory to, Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rig its under this License in whole or in part, or permit any other person or entity to use tile License hereby granted without tile prior written consent of" Licensor which Licensor is under no obligation to grant. North Richhondifills Wof'PrecincHineRoad 4 of 6 Mile Post 6200 8-inch Sanitaty Sower in a 16-inch saccl casing I Packet Pg. 21 19. Methods, of 'Fermination. This License may be terminated in either of" the f*61lowing ways: 19.111. By written agreement of both pat-ties; or 19.01 By either party giving the other party thirty (30) days written notice. 20. Miscellaneous. 20.01. Notice, When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: I..,IC: EN S 0 R: Dallas Area Rapid Transit OR 1.401 pacific, Avenue Dallas, Texas 75202-7210 ATTN: Railroad Management LICENSEE: City of North Richland Hills 7301 NE Loop 820 North Richland hills, `I 76180 P. 0. Box 660163 Dallas, texas 75266-7210 p.O. Box 820609 North Richland Hills, Texas 76182-0609 E'ither party may fi-orn time to time designate another and different address for receipt of notice by giving written notice of"such change oraddress. 20.02. Governirur Law. This License shall be construed under and in accordance with the IaNvs of the State of"I'eras. 20.03. Lntirety and Amendments, This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if" any, relating to the property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whorn entbreenient is sought. 20.04. flarties Bound. This License shall be binding upon and inure to the benefit of the executing pat-ties and their respective heirs, personal representatives, successors and assigns. 20.05. ' Number and - G - ende , r. Words of any gender used in this License shall be field and construed to include any other gender; and words in the singular shall include the Plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint, Fnter p. The parties do not intend that this License be construed as finding .. . ......... . .. _ . . . . . .............. . that the parties have fortned ajoint enterprise. The purposes fbr which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclairn such relationship. 'rhis License does, not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control aniong the parties hereto. 20,07. New Agreement. It is mutually agreed and understood that (his License cancels and supersedes, effective October 1, 2014, License No. 941106, dated October 31, 1994, or any previous agreements granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. North Richland 110s W of Precinct Line Road 5 of 6 ft inch Sanitary Semer in a try inch stcd casing Mile Post 620,80 I Packet Pg. 122 IN WITNESS 1, 1JFREOF, the parties have executed this License in multiple originals on the date last signed. LICENSOW DALLAS AREA RAPIDTRANSIT BY: NORMA lit; LA GARZA-NAVARRO Vice President Commuter Rail & Railroad Management Date: LICENSEE: CITY OF BY Printed Nanic: Date: Nor Richland MIN W of Precinct Line Road 6 ot'6 8-inch Sanitary Sover in a 16-inch steel casing Mile 620.80 I Packet Pg. X 23 16�4.a w � i C Y j a� N I � p C I 1 ! P C G N { pI j �q t Nor Ci a q 1 N I N I tf PSI U I I a I jNl fll ar—q�UIN qN aI aC ¢ IIj I I "+ s I I'I �INrPP r I�CI�I��a qIP. NI�S�� N IN N{ -ap q fig N N N NNC U�i9r N a I r4 ��apN14NNN N INPNIIIN YN IpNyINa #N 1' r NNNN NNr l II tltNN� NG�. 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I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 N5 ISC InWil I i Nk -919 05 From- The Office of the City Manager Subject- ZC 2014-10 Public IHlearing and Consideration of a Request from Waguihi Guirgiulis for a Zoning Change from AG Agricultural and R-11 -S Special &ngle Family to R-2 Single Family Residential Located at 8900 Martin Drive and a (Portion of 8820 Martin Drive. Presenter- Clayton Comstock, Senior Rlanner Summary. Waguihi Guirguis is requesting approval of a Zonlingi Change from "AG" Agricultural and "R-1-S" Special Single Famfly Residential to "'R-2" &ingle Family Residential on 4.14 acres on the south side of Martin Drive between Chilton Drive and Crane Road for a slingIe family residential subdivision. General Description: CASE SUMMARY: Waguihi Gulirguis is requesting approval of a Zoning Change from "AG" Agricultural and "R-1-S" Special &ngle Family Residential to "R-2" Singlle Family Residential on 4.114 acres on the south side of Martin Drive between Chiflton Drive and Crane Road. The applicant has indicated intent to develop a singile family residential subdivision on the property. Following the R-2 development standards, the acreage under consideration could yield as many as 14 residential lots. REVISION TO PREVIOUS REQUEST: This request was origlinafly scheduled for the June 19 IPlannling & Zonlingi Commilission meeting, but the applicant decided to withdraw because they were able to place additional acreage under contract from the adjacent property owner to the west. This additional acreage would allow the applicant to expand their development's anticipated lot count from 10 to 14 (lots as well as avoid having to singile-Road the a street with only one row of homes. The only change is the addition of this 54-ft by 250.90-ft (13,,548.6 s.f. or 0.311 -acre) piece of land. EXISTING ZONING & SITE CONDITIONS: The request encompasses two existing properties. The 3.705-acre property at 8900 Martin IDrnve is currently zoned "AG" Agricultural and has a singile 2,2110 square foot residence built in 1952 as well as at least three accessory buildings. A 54-foot wide strip of land zoned "'R-11 -S" Special Single Famfly Residential from the developed property at 8820 Martin IDrnve is also included in the request. The area of the zoning change is vacant of any improvements. I Packet Pg. X26 I UDL "W NOKTH KICHLAND WLLS PLATTING STATUS: The 3.705 acres at 8900 Martin Drive is unpllatted and described as Tracts 12DH & 12H in the Tandy K. Martin Survey, Abstract No. 1055. The strip of land at 8820 Martin Drive is a portion of Lot 2, Block 1, Dennis Lang Addition. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Reslident4l" for this area. The Low Density Residential Land Use provides for traditional,, low- density, singdle-family detached dwelling units. Staff believes this change in zoning would be consistent with the "Low Density Reslidential" category and the surrounding uses. Martin Drive has not previously been identified as a desired "rurall preservation" area. Staff believes that the property's adjacency to the Brynwyck subdivision and proximity to the major roadways of Mlid-Cities Blvd and Precinct Line Road suggest the area be developed into conventional NRH suburban lots. This particular proposal allows for a "transftion" between the smaller lots of the Brynwyck subdivision (5,000 s.f. lot sizes) to the larger lot sizes to the north and east. SURROUNDING ZONING / LAND USE: �North: R-1-S Single Farnilly/ Low Density Residential South: AG Agricultural / Neighborhood Service East: AG Agricultural / Low Density Reslidential West: R-1 -S and IRI-PD Single Famlily / Low Density Reslidential NEIGHBORHOOD OPPOSITION: Plannlingi staff has received phone calls, letters and petitions from neighboring property owners opposed to the rezoning proposal. &xty-five percent (65%) of the land area within a 200-foot buffer from the subject property opposes the case which will require thiree-fourths of the voting members present at City Council to vote in favor of the case. Included in the list of opposed neighbors is the property owner of 8820 Martin, the subject property that has been added to the rezoning request. In staff's conversations with the owner and in the ernafl included her6in, Ms. Swayden indicates that she is opposed to the rezoning overall; but if it does pass, she would rather have back yards against her property than a street. In other words, the sale of her property to the developer is contingent on approval of the rezoniing request for whiich, she opposes. A super-majority vote is irequired for this item tea Ibe approved by City Council because more than 20% o,f the surroundfing (properties' land ) area within 200 feet of the request has filed formal opposition, to the case. PLANNING & ZONING COMMISSION RECOMMENDATION. The Planning & Zoning Cornmlission met on July 17, 2014 and voted 4 to 2 (Bowen, Luppy) to approve ZC 20114-11 0. Recommendation. Approval of ZC 2014-10 I Packet Pg. X27 "W Packet Fig. 128 "W 101N is] Ili1i1!► Is] Q►14190 0,41 ZONING CASE ZC 2014 -10 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RIICHLAND HALLS; AMENDING THE ZONING IMAP OF THE CITY OF NORTH RICHLAND HALLS, TEXAS, AND REZONING A 0.1527 ACRE TRACT OF P"ROP"ERTY FROM AU (AGRICULTURAL) AND R -1 -S (SPECIAL SINGLE FAMILY RESIDENTIAL) TO R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearings before the Planning i and Zoning Commisslion was sent . to real property owners within 2.44 feet of the property herein described at least 114 days before such hearing; and,.. WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zonings Commission and the City Councill, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and,.. WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North (Richland Hills; (NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RIICHLAND HALLS, TEXAS: Section 1: THAT the Comprehensive Rllan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richlland Hills are hereby amended by rezoning a 4.745 acre tract of land located in the T.K. Martin Packet Pg. X29 I UDL "W NOKTH KICHLAND WLLS Survey, Abstract 1055, City of North Richland IHlillls, Tarrant County, Texas, more particularly described in the legal description attached hereto a IExhiblit A and the site plan as Exhibit B from AG (Agricultural) and R-11- S (Special &ngle Family Residential) to IR-2 (Single Fam,illy Residential) zoning. Section 2- Any person, firm or corporation violating any provision of the Comprehensive Zo6ing Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3- The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4- This ordinance shall be in full force and effect immedliately after passage. F-11 L' 113 19 6-V-1631610 17-Al I , 1:4 111 PASSED on this day of August, 20114. M F."IMIMS CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mlayor I Packet Pg. X301, I UDL "W NOKTH KICHLAND WLLS Aficia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY- George A. Staples, Attorney APPROVED AS TO CONTENT- Department Head I Packet Pg. 31 C w - rl M711 T-J; Applicant: Locations: **UPDATED** NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL �10&411 [ 5 lei Wag ul li Ih G Its li rg Its lis 8900 Martin Dr and a portions Of 8820 Martin Dr You are receiving thiis notice because you are a property owner of record l within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A IPubllic Hearing is being held to Consider a request from Wagiuih Gulirguis for a Zonling Change from AG ,agricultural and R -1 -S Speciall Singlle Family to IR -2 Singlle Family Reslidential located at 8900 Martin Drive and a portion of 8820 Martin (Drive. The appIlicant is now requesting IR -2 zoning on 4.14 acres while the previous request was for 3.705 acres. Public Hearing Schedule: Public Hearing Dates. PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JULY 17, 2014 CITY COUNCIL 7:00 PM (MONDAY, AUGUST 11, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 IN. E. (LOOP 820 NORTH RICHLAND HALLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7801 Northeast Loop 820 North Richland IHills, Texas 76180 Rhone (817 ) 427 -6800 Fax (817 ) 427 -6808 C.1.c Packet Pg. 134 W-TT n- Ll M711 PT-J; Applicant: Location: **UPDATE,** NOTICE, OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS CITY COUNCIL r�&411 E 5 lei Wag uih Guirguis 8900 111 artin Dr and a portion of 8820 111 artin Dr You are receiving thiis notice because you are a property owner of recordl within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A IPubllic Hearing is being held to Consider a request from Waguih Gulirguis for a Zoniiing Change from AG Agricultural and R-1-S Spec4l Singlle Family to IR-2 Singlle Family Reslident4l on 4.14 acres located at 8900 Martin Drive and a portion of 8820 Martin IDr. 'THIS PUBLIC IMEETIING HAS BEEN MOVED TO THE AUGUST 25 CITY COUNCIL MEETING.** Public Hearing Schedule: Public Hearing Dates Both Meeting Locations- CITY COUNCIL 7:00 PM IMONDAY, AUGUST 25, 20114 CITY COUNCIL CHAMBERS 7301 IN. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact, Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland IHlilllls, Texas 76180 Rhone (817) 427-6300 Fax (817) 427-6303 I Packet Pg. X35 Ora co, Sara MI Brand, Ruth Malvik, Christopher Etux Kri t 6,409 Brynwyck Ln 6405 Brynwyck Ln 6,401 Brynwyck Ln NRHI Tx 76182 -7781 NIIRIHI Tx 761182 -7781 NRHI Tx 76182 -7781 Cannon, Robert Etux Stacey Tran, Vy Huang Klime, Amy B 6,356 Brynwyck Ln 6852 Brynwyck Ln 6,348 Brynwyck Ln NRHI Tx 76162 -7742 NIIRIHI Tx 761162 -7742 NRHI Tx 76162 -7742 Neece, (Daniel A Etux Shirley Chapay, Kathleen A Etvnr Juan Shannon, Jerry IEtux IDarcie 6,344 Brynwyck Ln 6840 Brynwyck Ln 6,336 Brynwyck Ln NRHI Tx 76162 -7742 NIIRIHI Tx 761162 -7742 NRHI Tx 76162 -7742 Munoz, Danliel Etux Katia. Eag11e, Troy Gonzales, Israel IEtux Sally 6,332 Brynwyck Ln 6828 Brynwyck Ln 6,324 Brynwyck Ln NRHI Tx 76162 -7742 NIRIHI Tx 761162 -7742 NRHI Tx 76162 -7742 co Merntage Homes of Texas LLC Patel, Sejall Etux Harsh K Patel, Krupall B Etux Neha. N cn C/O Sbb Mangement 1670 Kehler (Pkwy Ste 110 68411 Brynwyck Ln 6,345 Brynwyck Ln Kehler Tx 76246 -8778 NIRIHI Tx 761162 -0000 NRHI Tx 76162 -7724 Brynwyck (Equity Partners Ltd Swayden, Tracie Rayne Family (Irrevocable Tru< a c Attn Rob Ward 8820 Martin IDr 8900 Martin Dr "V 801 Columbia IDr Southlalke Tx 76092 -8452 NIRIHI Tx 761182 -4801 NRHI Tx 76182 -4892 0 18 Summers, Cordon Etux Kay Souder, W ID Lucas Flp Farms Ltd %Frost Bank - Dean Wright 8912 Martin Dr 805 Brookhdge Ct PO Box 116549 Fort Worth, Tx 76182 -4892 Hurst Tx 76054 -2768 Fort Worth, Tx 76162 -0509 Current Owner Branach, Linda. Mitchell, Casey IEtvir Ryan 8920 Martin Dr 88911 Martin IDr 8941 Martin Dr NRHI Tx 76182 -4892 NIRIHI Tx 761182- 48118 NRHI Tx 76182 -4899 Samsill, Loretta Birdville Independent Schaal District Lang, (Dennis IR IEtux Kay 8907 Martin Dr Attn: Mike Seale 8800 Martin Dr 6125 (East Belknap NRHI Tx 76182 -4809 Haltom Clity, TX 76117 Fort Worth, Tx 76182 -4801 Zelenov, Sergey Fenner,.. (Roberta Butts 6,413 Brynwyck Ln 6400 Chilton Dr NRHI Tx 76182 -7781 NIRIHI Tx 761182 -42116 Packet Fig. 136 ........................... ............................. 8800 6600 90113 CAJ 200 ft buffer (red line) .... .... . .......... .. . ........... .... . .... . ........... . ................... . .............................. .. .. .. .. .. .... . .............................. .. ... LT!f 21 522,201 sq ft or 12 acres ........... ---- - .......... 6529 VALLEY VIEW DR Paircel portions in buffer ---1-1-111111 . ....... ....................... in opposition (arrange }..,., 6521 337,888 sq ft or 7.8 acres 6525 . ........ .............. Percent opposition 0 6516 6517 portion of total ) buffer area: . ... ... °° Ix 65 1 % LLJz < 6513 6412 64113 5� 6412 0: 6512 U ............. - — ------- 6513 6509 64DB 6408 6409 . ........................ 6404 6504 6505 5 . ............. . ... ...... 886'7 .... ...... 64D \61404 .. .............. 8913 .......... . ........................ 6401 6400 6500 6501 6400 ......... .................ate A ......................... D r"'R"'" ............................................ - - - - --------- . . ................................ 6452 9008 6448 1.11,11,111,11, .............. 9000 9004 9 0 6444 N 800 Co 6440 8800 88M 6436 6417 6432 8912 6428 . .......... 6413 6424 ........... .... . ....... 0 M, 3 Dq 6405 640I 01 CL 6417 64D9 CL 6420 6356 0 8908 89213 . ......... .... . ........ 6352 6405 E 6416 641'2 16408 64N 6348 6309 6' 5 6401 6344 ............ . ........ . .......... .. .. .. . . ............ . . .... ...... 6� 1 6340 ,1,---.,1, 1 1 .............. . . ........ . ......... 6305 6336 .. . .. .. . ......... . .................. . . . ................ BRYNWYCK N 63011 (" 010 6332 mmmptlmmm 63116, 6320 63 6 28 63DB 6312 .. ......... 7 8953 8909 8913 . . ........ 8901 8905 .... ............ ............... L,e 1. q e n - i d -,.- MID-CITIES BLVI .. .. .. .. .. . . . . .. ..... . ........... . HAWK RIDGE LOCATIION .................. 200 Ft IBUFFER OF LOCATION .. ......... PROPERTIES IN OPPO&ITION S 1 inch = 200 feet PORTION OF OPPOSITION PROPERTIES IN (BUFFER PROPERTIES IN FAVOR 3: 1 r—Packet' Pg. 137 (0 VV a OZ: 'O'LOO su oijeoivainuuwo:)a .aau mo koadlaai,d Pu B uaiaii POP :1uaiGwg'3ejj' r rs Planning and Zoning Commission 7301 Northeast Loop 824 North Richland Hills, TX 76182 c Re; Case Number ZC2014 -10 We oppose a request from "'4 aguih Gu rgu %s for a :honing Change From AG Agricultural and R -1 -S Special 'Single Family to R: -2 Single Family Residential and the construction of fourten Single Family Residence on 4.14 acres located at 8900 Martin Drive and a portion of 8820 Martin give. Name w /F fA : } .-U-- 12. �•o 13. Address Vo / ~+t /tea. Hkft 9Z A)4#1731 141 44t.." �1 O R o TY `r(O (19 ->-- � R 4 111-K 1,� 1 g . AM44 "0441 - cq& o q 1,� 1 g . Inl (0VM OZ: 'O'LOO su oijeoivainuuwo:)a .aau mo koadlWd Pu lg uaiaii POP :juaiauuay,3ejj r Name Address FvoLn Roll YO 15.. 11 ON 17. -16tt, Kee ��- r toy. 7618 i 21. 4 kko .P va 10 iq V T-)I 7WO z - . 22 23. 24. �. 25.Nf if T,�" 04 0) PA 2'8. 29. PW AA "a f 30. � 3. Z) IV I'd br kk4j-� C. Ml 16m> Mart(o/DK (0VVWZ OZ: OLOO suoileoiunwwo:) .ammo koec!Old Pug uOPPOd :IuGwq'3eJJ'V BILLYE G. SOUDER ATTORNEYATLAW 1303 Briar Ridge Drive Keller, Texas 76248 817-994-3523 billyefo@ verizon.net July 11, 2014 Mayor Oscar Trevino City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX, 76180 Dear Mayor Trevino and City Council Members: K e.:_Konjng_Cq,Se_4 7,C_2_01,-_I() and Prq1imingU .2014 ,0 Eig (;g��eLA pp�. MY Parents, William D. and Verna E. Sounder, are co- owners of all 8+/- acre tract of land located at Mid-Cities Blvd in NRH, Their property is located adjacent to the south end of the subject property mentioned in the above zoning case and preliminary plat case. I am acting as their representative regarding their property and on their behalf I any advising you that we are if) support of the proposed residential development and desire for our support to be read and placed on record. We believe this proposed development will add value not only to the residential properties located in this area but to my parents property as well. Sincerely, J Billye G. SOUder cc: Doug Terry (0VVWZ OZ: OLOO suoijeoiunlwwo:) jeumo A7oadOJ'd Pulg uORPOd :1uG1-Uq13ejjV BRYNWYCK HOMEOWNERS ASSOCIATION DARCIE SHANNON, PRESIDENT 6336 BRYNWYCK LN. NORTH RICHLAND HILLS, TEXAS 76,19-2- July 13, 2014 Mr. Randall Shiflet Chairman - Planning and Zoning Commission City of North Richland iHills 7301 N.E. Loop 820 North Richland Hills, TX 716180 Dear iMr. Shiflet and P & Z Commission Members: Re: Zoniny Case # ZC-2014-10 and Preliminary Plat Case # PP-2014tQ5 As President of the Brynwyck Homeowners Association consisting of 316 homeowner/members, please allow this letter to be read and placed on record reflecting our Associations support for the above mentioned zoning and preliminary cases. Our community is very excited about the proposed new subdivision for it will add value to our homes and all other homes In this area. The developer has been very considerate of our communities concerns of drainage and fencing. We believe with the planned drainage/underground piping on plot imap provided to us that this will alleviate many of our existing' drainage issues to our lots 15-22. In addition, it hasn't been finalized but it appears the developer will be replacing the Eft eastern border fencing of lots 15-22 with 8 ft fences which should retain the privacy of our homes and keep uniform fencing for our community. We are excited and approve of this new development. Thank you for your consideration. Sincerely, A Darcie Shannon, President Brynwyck Homeowners Association 63 6 Bryinwyck Lane North Richland Hills, TX 76182 Cell: 817-914-5568 (0VVW OZ: 'O'LOO su oijeoivainuuwo:)a .aau mo koadlaai,d Pu B uaiaii POP :IuaiGwgI3eJJ r July 11,2014 Mr. Randal Shillet, Chairman Planning and Zoning Commission 7301 N. E. Loop '820 North Richland Hills, TX 76182 Re: Hawk Ridge Development 8900 Martin Dr. NRH Case Number ZC 2014 -10 Chairman Shiflet and Committee Members: We oppose the rezoning of 8900 Martin Drive and a portion of 8820 Martin Drive from AG Agricultural and R -1 -S Special Single Family to R -2 Single Family Residential. A developer purchased this property and plans to construct fourteen horses on 4.14 acres, each plot consisting of 1.13 of an acre. This developer's plans will permanently change the continuity of our,neighborhood. We purchased our acreage and home at 8912 Martin Drive in November of 1998 and have enjoyed the peaceful and serene setting, the space and the privacy. We purchased our property relying upon the fact that the properties to our east, west and across the street would remain single- family hones with acreage. Please consider our opinion and deny the developer's rezoning request. Meft I w r' N r NRH, -IX ' 76182 (0VVWZ OZ: OLOO suoijeoiunlwwo:) jeumo koed0JA PuB UOPPOd :1lUGwq'3eJJ'V June 11, 2014 Mr. (Randal Shiflet, Chairman Property and Zoning Commission 7301 N.E. Loop 820 North Richland Hills, TX 76182 Re: Hawk !,Ridge Development 8900 Martin Dr NKH Mr. Mayor and City Council Members: We adamantly oppose the rezoning of 8900 Martin Drive. We purchased our home on two acres just last year. We moved just a few miles from our home in Hurst to North Richland Hills. We loved living in the city but wanted to enjoy and have the peace of a country setting. Additionally, we have three children and wanted to move our family out of a neighborhood setting so they could experience more. I doing so, my family made a very large investment into a property that was in complete disrepair. We feel the hundreds of thousands of dollars that we have invested into this property not only lifted our own property value, but the value of the North Richland Hills community as well! I. It is our understanding that a developer has purchased the property DIRECTLY across the street from our home and plans on constructing 10 zero lot line homes on only a few acres. if every home consists of two adults this would mean two drivers miniimum for each home bringing a minimum traffic of 20+ cars coming in and out of this property several times a day. ley allowiing this zoine c�lhange,wle feel you would decrease the quality of life for everyone currently living on Martin �Drive as well as depress the Property values we are all so heavily invested in. Please consider our opinion and deny the developer's rezoning request. Ryan and Casey Mitchell 89,01 Martin Drive NRH, TX 76182 (0VVWZ OZ: OLOO suoijeoiunlwwo:) jeumo koedbJd PIJIB 11JORPOd :1IJ9UJq'3ejjV W11 "Ir. Z ff M City Council Members, City of N. Richland Hills IIIIIIIInIl 1111111 1 1111111! 111 1111 117 lI !11111 Gentlemen: With this letter I want to register my opposition o the planned development of ten residential homes to be located on three aicres. The residents of this neighborhood and I have planned and enjoyed the privacy of I — M`cre lots for each of our homes which provided for an almost c�ountry-like environment. However, that has changed due to more traffic and housing I additions. Martin Drive has also become a partial alternate route for Mid-Cities Blvd. Im. Loretta Samsill F.*T." Ik j I 91 I = N. Richland Hills, TX 76182 (0VVWZ OZ: OLOO suoijeoiunlwwo:) jeumo koedbJd PuB uORPOd :IuGUJq'3ejj'V LO 4, 4) 2 June 2014 Mr. Randall Shifiet North Richland Flills Planning and Zoning 7301 N E Loop 820 NRH, TX 76180 Regarding: Hawks Ridge Development 8900 Martin Dr., NRH Mr. Shiflet, I am writing this letter to make you aware of our opposition to the proposed Hawks Ridge subdivision. We purchased our home at '9004 Martin Drive in 1991 due to the fact that most of the lots on east side of Martin Drive were I — 7 acre lots, where your neighbors are close,, but not in your immediate back yard. I am sure that you would find that most people who live Or moved to this area of the city do so for the same purpose. We believe that this and other subdivisions have a negative effect on the character and continuity of this unique area of the city. Ten more houses on this street would add more traffic to an already busy street. A way to keep the character and continuity of this area would be to require the proposed development adhere to I acre lots. onathan and Debbie Roll 9004 Martin Dr. NRH, TX. 76182 cl From,: (0VVWZ OZ: OLOO suoiIeoiun;wwo:) jeumo, A7oedOJd PUB UORPOd :IuGUJqI3eJJV John Pitstick Sent: Friday, JWy 11, 2014 5:10 PM To: Dayton Comstock Subject: FUG": Hawk Ridge Development 8900 Martin Dr. NRH Please add below to list of opponents to Hawk Ridge. From: Dennis Laing Sent: Friday, July 11, 2014 3:13 PM To: John Pitstick Subject: Hawk Mdge Development 8900 Martin, Dr. INI:RH 7301 N.E. Loop 820 N�RH', TX 761�82 Re: Hawk Ridge Development 8900 Martin! Dr. N�RH, TkII9 a Case Number ZC 20,114-10 Chairman Shiflet and Committee Members- We would like to go on record that we oppose the rezoningi of 89,010 Martin Drive and a portion of 8820 Martin Drive from AGI Agricultural and R-I-S Special Single Family to R-2 Single Fam,ily Residential. A developer has 1purchased this property and pllanis to construct fourteen homes, on 4.14 acres, each plot consisting of 1/3, of an acre. We believe this developer's plans will 1permianently change thie continuity of our neigihiborholod. We purchased our home andl acreage at 88010 Martin, Dr over 42 years ago in 1972 based on the belief that the properties surrounding ours would remain in a peaceful and country setting with space and privacy. This all changed for us when you alllowed: Legacy Church of Christ to build their facility to the immediate west of us and then the addition, of the Brynwick development which surrounds two sides, of our property. We have experienced increased traffic oni our street and the loss of "country"' atmosphere with the church facility and the housing addition which brought over 30 homes and with an average of 2 cars, per family that is an additional 60+ Now we are faciing the possibility of an additional 14 hornies which number would doluble to 28, in auto traffic. We huimbly ask that you consider our opinion on this matter and deny the dieveloper's, rezoning reqluest. Deniniis and Kay Lang 8800 Martin Dr NRH, TX 78182 817-21-5074 81I '- 2291 -20108 (0VVWZ OZ: OLOO suoijeoiunlwwo:) jeumo A7oad0JA puce u0P!1Gd :1uGLUq'3eJJ'V Clayton Comstock From: John Pitstick Sent: Friday, July 11, 2014 136 IP'M To: Clayton Comstock Subject: FW: 88210 Martin Dr Please see below opposition from one of the applicants on Hawk Ridge. - - - -- Original (Message - - - -- From: Sent: Friday, July 11, 2014 1:34 RIM To: John Pitstick Subject: 8820 Martin IDr Mr. Randall Shiflet, Chairman Planning and Zoning Commission 73,01 NE Loop 820 NRHI, TX 76182 Re: Hawk Ridge Development 8'900 !Martin Dr Case No. LC 2014-10 Chairman Shiflet and Committee Members: I oppose the rezoning of 8900 Martin Dr from RI-S special single family to IR2 single family residential development, It will disrupt the cuirbside appeal of this unique ranchette style neighborhood with single family homes and acreage. It will decrease the property value of my home and property and surrounding homes with acreage. This development is not desirable since lit is land locked (between two single family iresidents each who have been here 15 years and 8 years respectively. The construction will invade my privacy and serenity as I am a single mother of 11 month old twins and value the peace and quiet of the neighborhood. I was told that the rezoning of 89,00 Martin Dr was imminent. That is the only reason why I hesitantly agreed to an offer to Mir.Guirguis to acquire 54 feet of my east property. It is a rocky, sticker, non irrigated piece of my property that is hard to maintain. I thought a backyard would be more desirable than a road !next to my master bedroom and nursery. However, I am still in opposition of the rezoning then the offer on my land would be iniull and void. Thank you, Dr. Tracie Swayden (NUIV WZ OZ : II'LOO V 1!I,gI!yx3 :xu9uuyoeDDV 00 REAL IPROPERT Y (DESCRIPTION 7 BEING A 3'.705 ACRE TRACT OF LAND, 'BEING TIIE REMAiM'ER OF 5.41 ACRE TRACT' OF LAND SITUATED IN 'T.K MARTIN SURVEY, ABSTRACT NU-NMER I os5, TARRANT COUNTY, TEXAS, XAS', AND BEING ALL OF TTIA'T TRACT CONVEYED TO �. C & O CUSTOM HOMES, LLC, BY (DEED RECORDED IN INSTRUMENT NUMBER D 2.14109641, DE ED, RECORDS, TARRANT COUNTY,, Tom„ AND BEING A PORTION OF LOT 2, BLOCK I, DENNIS LANG ADDITION ", AS RECORDED IN CABINET A, SLIDE 2976, PLAT RECORDS, TARRANT COUNTY, 'TEXAS, AS CONVEYED TO T RACIE SWAYDEN BY DE'E'D RECORDED IN INSTRUMENT DER D206038698, OF SAID DEED RECORDS, AND BEING :MORE PARTICULARLY DESCRIBED By METES AND BOUND'S AS FOLLOWS: BEGINNING AT .A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID, REMAINDER AND THE NORTHEAST CORNER OF SAID (LOT 2, BL'OC'K 1. BEING IN THE SOUTH RIGHT OF WAY LINE OF MARTIN DRIVE (50 (FOOT RIGHT OF 'WAY); THENCE SOUTH 89 DEGREES, 45 MINU'TE'S, 13 SECONDS EAST, 228,.19 F'EE'T" WITH THE SOUTH IRIGHT OF WAY LANE OF SAID MARTIN DRIVE TO A ONE INCH PIPE FOUND FOR THE NORTHEAST 'CORNER OF THE S'UBJE'CT PROPERTY AND THE NORTHWEST CORNER OF THAT CERTAIN TRACT AS CONVEYED BY DEED TO GORDON SUMMERS AND W^WIFIE, KAY SUMMERS AS RECORDED IN INSTRUMENT INUMBER Dl 98255786, (DEED RECORDS, TARRANT COUNTY, TiEXAS, THENCE SOUTH 00 DEGREES, 16 IMINUTES 55 'SECONDS EAST, 697.71 FEET WITH THE COMMON LANE OF THE SUBJECT PROPERTY AND SAID, SUMMERS TRACT, TO A 5/8 INCH IRON TROD WITH YELLOW CAP STAMPED "ANA*FOR THE SOUTHEAST CORNER OF TINE SUBJECT (PROPERTY AND THE SOUTHWEST CORNER OF SAID 'SUMMER'S TRACT INN THE (NORTH LINE OF A TRACT OF LAND AS DESCRIBED BY IDEED TO LUCAS IF.,L.P., (FARM'S, ILTD, RECORDED IN INSTRUMENT 'N'UMBER D204186240, DEED, (RECORDS, 'TARRANT COUNTY, TE;XAS;. THENCE SOUTH 89 (DEGREES, 06 MINUTES, SECONDS' °WEST, 229.65 FEET, WITH THE 'COMMON LANE OF SAID LUCAS F.L.P., FARMS' TRACT AND SAID SUBJECT (PROPERTY TO A PIPE FOUND FOR THE SOUTHWEST CORNER, OF THE SUBJECT PR'OPERTY AND THE NORTHWEST CORNER OF SAID ILUCAS IF.IL.P., FARMS' TRACT, IIN THE EAST LINE OF BLOCK A, BRY"Nt'"C,K ADDITION, AN ADDITION TO THE CITY OF INORTH RICHLAND WILLS AS RECORDED IIN INSTRUMENT NUMBER ID212136536, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 00 DEGREES, 43 MINUTES, 14 SECONDS WEST , '3511.64 FEET, WITH THE COMMON LIME' OF SAID BLOCK A AND SAID ' SUBJECT PROPERTY TO A 518 INCH IRON ROD WITH YELLOW CAP 'STAMPED "ANA "SET FOR THE NORTHEAST CORNER OF LOT 16', OF SAID BLOCK A, AND THE SOUTHEAST CORNIER OF SAID LOT 2, DENNIS 'LANG ADDITION, THENCE SOUTH 89 DEGREES, 49 MINUTES, 20 SECONDS WEST, 54.001 FEET, WITH THE COMMON LINE OF SAID BLOCK A AND SAID LOT 2., TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPPED "ANA"SIET, THENCE INORTH 'DD DEGREES, 22 MINUTES, 47 SECONDS (EAST, 350.90 IFEET TO THE INORTH LINE OF SAID LOT 2, THENCE SOUTH 89 ' DEGREES, 54 MINUTES, 58 SECONDS EAST, 54,06 FEET, WITH THE COMMON LINE OF SAID LOT 2, AND MARTIN DRIVE, TO THE POINT OF BEGINNING AND CONTAINING 4.140 ACRES OR 180,320 SQUARE FEET OF LAND, MORE OR .LESS. 7) Of (Oi CD W OD r, z Z • 0 N Z z z 3,.99.9 L.00S . L L'L619 U) �LLI w m Z >-,LL < 0 M a- W Z Z Z uj a_ U) r 0 0 C) - - - - - - - - - - - - - --- Lf-a )Z'dMJd qlOZ 'iSIX3 3,.LV.ZZ.00N 40 oil C CY) Z Z 00 N N z CL 0 W w U) X 0— z w ----------- A, Lf), Qo - - - - - - - - - - - - 'a G-L. EXAMPLE DEVELOPMENT SCENARIO UNDER "R-2''' ZONING WITH NEW 54' ADDITIONAL AREA - 14 (LOTS D213N9578 SINGLE F NIILY R- SINGLE FAIMI�Y R -"I -S a P.O.B.-.77 (MARTIN DR. tp1 1W ROW) 4 �a N CIO h Packet Fig" 150, 214,70.° 589 °578 "58 "E 599 °45 "1, YE 228.19 ""wpr:s M1 d I 54-0 01 B1:aVM nn,riur 71 "" 'tB LNE Ilcewtr y, ,2p � � I 29 9 N 7�5;7?bJ71 . �50 Naas 97917.88 7T 1 FC. aC1L71T1ON 1 � I BLOCK 1 LOT 2R ©ENNNS LANG ADDITION - , '... 95 T41Yb IaX r' I' ' crr�,�r�n� I i �t ..w... E- ✓� mfvo�rr aM wT t NOE2979 CABINET A, SURE 2975 � 8D 07 1 Q �YS s1 ! 9 794 si m R LY.C.T. 3f 5q Flow � 0YNW wKXDDITIOf,f, om S nw1r^'�lavv � -_ 6 rv9ar�rvla wv 29 13.1— ru RLc>(Xn "r r � wy � w 2• 191.09 N89 �4TD t ------- - EXIST. ZONING "AG" w �I PROP. ZrN1N R'- 9,499 25 . 10,006 s1 C3 s1T r ...., iLLl c wm§ - L� ............... ' - 934Y N99"371 p �I ri LU u p 9,387 y4 BLOCK 9.562s[ SINGLE FAMILY 2'I I I RIcy - 1 I – I" i 104005 Sf Y 1 0 i GORDON & KAY SUMMERS 5?i INS 1. NO. D198255786 99,650 sf r 1 .7 "WAG" ZONING 4 �a N CIO h Packet Fig" 150, 11W 9'f 9 ^A MF37'13 "W �... M1 d I 'tB LNE Ilcewtr y, 10,852 sf � t I qtr "P, I � 8D 07 5�6 i0 9,2 3f 5q Flow � 0YNW wKXDDITIOf,f, II. A r NS.T..NQ4 - -D2 33 3u6 -_ 6 P.R. 29 13.1— "T.G.T. RLc>(Xn "r r r i 1. 2• 191.09 N89 �4TD t ------- - EXIST. ZONING "AG" w E L5 PROP. ZrN1N R'- m " rv1' 1a 20' 8 k, N L� 7, 1 1 9,899 s9 9"991 s1 LMEiZE NGE '.. oui ,r :1 ACCESS ESMrT {/) p �I ri u p 9,387 y4 BLOCK 2'I I I 4 �a N CIO h Packet Fig" 150, EXCERPT FROM THE MINUTES OF THE JULY 17, 2014 PLANNING AND ZONING COMMISSION MEETING ZC 2014-10 Public Hearing and Consideration of a request from Waguih Guirguis for a Zoning Change from "AG" Agricultural and "R-1 -S"' Special Single Family to "R-2" Single Family Residential located at 8900 Martin Drive and a portion, of 8820 Martin, Drive. Clayton Comstock, came forward to present the staff overview. Today's request is ONLY to change the zoning. It is NOT to present this reference development plan. Mid- Cities Blvd is to the south,. Commercially zoned property lis in the m,iddlle. Martin drive is to the north,. Brynwyck development is to the west. This is slightly over four (4) acres of property. Ohginall plan was changed after initial notification. Staff sent out new notice letters to homeowners within two hundred (200) feet of the new boundary. Staff presented an Opposition Map of those in opposution of this proposal. Commercial property to the south submitted a letter in favor of the proposal. As did Brynwyck Home Owner's Association (HOA) submit an approval letter. Individual residents in Brynwick did not. This does not have any weight on to6ight's Planning and Zoning vote. Should this development proposal be presented to IPllanning and Zoning Comim,isslion requires a simple majority recommendation. Should this development move to August City Council, to pass would require a super majority vote which is six (6) out of seven (7) voting in favor; as more than (twenty) 20% of landowners within two hundred (200) foot buffer around the development expressed opposition to the proposal. Appflcant, Osama Nasheed, 5000 Thompson Tourist, Cofleyville, TX; 76034; Civil Englineer for ANA Consultants,, representing owner, Waguih Gulirguis and the developer,, came forward to present application. We are asking for zoning change approval. Owner has developed high end homes in this area since 2000. Mr. Gulirguis has partnered with D61ey Properties, LLC; custom home builders for about fifteen (15) years. Proposed use wflll conform to current and future land use. We are intending to build some very nice homes. Lot sizes meet or exceed zoning requirements. All would be custom homes from 3,000 to 4,,000 square feet in the $400,000 to $500,000 range. Mr Gulirguis met with some property owners who requested taller fencing. He included change to eight (8) foot fence. Pavement improvements would include brick pavers and stamped concrete on the roads as well as decorative light fixtures and professional landscaping. If approved, construction would start late September, 2014, completing January,, 2015. Chairman IRandalll Sh,iflet opened Public Hearing of CA Zoning Change at 08.16 PM. Gordon Summers-, 89112 Martin Drive-,, came forward as opposed, along with his neighbors. He lives next door to this property. Mr. Summers worked at the bank in the 1970's when Charles & Joanne Calin borrowed money to purchase the subject acreage to raise their kids. Likewise, fifteen (15) years ago, my wife and II purchased our I Packet Pg. 51 property to enjoy the privacy and peacefulness of a country setting in the city. We believe this development would change everythingi about the neighborhood. It is my discussion with the city,.. I understand that properties have been preserved along Burney and Little Ranch, Road for small estate homes. We would like to preserve ours as well. I am, aware of a couple at my church who would be very interested in this property, were it available as a small acreage home site. Adding ten (10) to fourteen (14) new homes to this area will lincrease traffic by ten (110) to twenty (20) cars per day. We have provided a petition list of home owners who feel like we do. Bi[I Weaver-, 7241 Vivian Lane; Richland HiUs, TX; Today's response is from a humanitarian standpoint. I have been Gordon and Kay's pastor for several years. Gordon takes care of his neighbors. To put fourteen (14) homes next door to Gordon would kflll him, working him, to death tryingi to keep everyone happy. Yang Cho; 1308 Surnmerset Ct; Cofleyville, TX 76034; wished not to speak, but to express approval. Tracy Swayden- 8820 Martin (Drive; came forward in opposition. l6itia[ly when re-zo6ingi was proposed, i met wrath Doug and Wagulihi Having already endured the development of Brynwick, I had road noise concerns and the maintenance of my property value. After that meetings, they came to me to acquire 54 feet of the east part of my land if this proposal was passed. I have signed a contingency contract. I have been told that the re-zo6ing of that lot is probably inevitable. David Branach; 8801 Martin Drive came forward lin opposition. II am a 22 year owner of an adjacent four (4) acre lot. My family sees the impendingi squeeze of sandwiching of fourteen (14) homes between one (1) and larger acreage lots. The planning and zoningi engilineers have done their checklists quite well. But some of their checklists are more mathematical and missingi common sense criteria and aesthetics. Resident citizens are voicing concerns as values, which are present and future, that don't belong to the gNen public officials, are being given to commercial developers. These opportunists are not here for the long run to see the impact to the residents who lintend to stay and raise farnifies and retire here. Jonathan Roll; 9004 Martin Drive came forward lin opposition. He purchased his home twenty (20) years ago because everything on the south, side was one (1) acre or more size. This proposal does not directly limipact me at this time, but lit could down the road. My intent is to retire at that home because of where it lis. CDougi Terry; 1001 Edgewater Court; Colleyvflle, TX 76034 washed not to speak, but to express approval. Osamia Mashed; 54112 Caribou Ridge Drive; Watauga, TX 76137; chose not to speak, but to express approval. I Packet Pg. 152 Waguih Gulirguis; 75 Main Street; Colleyville; came forward in approval. My intent was not to speak. But this was not intended to be a commercial subdivision. Every single home will be custom, homes. I plan to live in this subdivislion. I tried to approach, the immediate n6ighbors so I can be a good neighbor. I myself, am an artist, having had my two (2) jewelry stores in Colleyville and Bedford for more than twenty five (25) years. I like and appreciate beautiful things. Linda Branach; 8801 Martin; came forward in opposition. Beauty lis lin the eye of the beh16lder. Right now I'm looking at the most beautiful sixty (60) foot oak trees. I see these trees being taken down all around the city. II am very much, opposed. Chairman, IRandalll SNflet closed Public Hearing of CA Zonling Change at 08.28 PIVl Don Bowen spoke in response to the public hearing comments. He is greatly influenced by the neighborhood that is opposed. Everybody around this lis opposed. This is right in the middle of the n6ighborhood. IIt lis Mr. Bowen's intention to vote against the proposal. Kathy Luppy spoke lin response to the public hearing comments. She, Ililkewise lives lin a neighborhood, close to Little Ranch Road, that grew up around her n6ighborhood. We fought against that development's traffic congestion, now almost thirty (30) years ago. We, as a comimlission, owe it to the n6ighbors that have been there for years to listen to what they have to say. These are large lots, purchased for the aesthetic value. IIf we, as a commission, need to look at some of these other areas of the city as estate lots, then that is something we need to do. It lis Ms. Luppy's plan to vote against the proposal. Chairman, Randall Shiflet brought up that he requested a work session with the mayor and city council earlier this year. We discussed the estate lot program. It was narrowed down as two areas that would be coming back for further discussion. That would involve stakeholder meetings, of which this area is not one of. We want to be very careful to designate as an estate-type designation. Such a designation would obligate the home owners to zo6ing restrictions that would carry over to your chifldren, your grandchildren and your estate. We cannot prohibit a property owner because of someone else. There was a commercial property owner on Boulevard 26 that was receiving neighborhood opposition. My views on that were if one is opposed enough to the changes, then purchase the land. I also respect the changing dynamics of the city and am supportive of the applicant. Steven Cooper expressed that hie, too listened to the homeowners. We are a changing city. He grew up in a rural area outside of Texas and respect the property owner's sentiments. He respects the comments, but does plan to support the application. APPROVAL Bill Schopper motioned to approve ZC 2014-10, as Iproposed. The motion, was seconded by Mark Haynes. The motion passed (4-2). Don, Bowen and Kathy Luppy were opposed. I Packet Pg. 1 53 I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 N5 ISC Fink El I i Nk -919 05 From- The Office of the City Manager Subject- TR 2014-03 Public IHlearing and Consideration of Amendments to Article V, (Division 4 of Chapter 118 of the North, (Richland Hills Code of Ordinances Regarding Commercial Architecture Standards. Presenter- Clayton Comstock, Senior Planner Summary. Amendments to Article V, Division 4 of Chapter 118 of the North, Richland Hills Code of Ordinances regarding commercial architecture standards. The purpose of this ordinance is to introduce the f6flowing changes. 1. Remove the 10,000 square foot threshold for commercial architecture standards so that all buildings are treated equally with some exceptions-, 2. Allow greater flexibility in the masonry percentages and reintroduce stucco and reinforced IEIIIFS into the approved mix of materials,, but at tolerable percentages; 3. Keep the same successful format of alllowingi applicants to choose from a list of required architectural features,, but add more options to choose from and increase the number of features required; 4. Provide a new "choose from" category based on the basic LEED Core Concepts of bulildlingi shading, daylighting, cool roofs, solar orientation,, etc. General) Description: ORDINANCE SUMMARY: In 20011, City Council approved the current "Dimensional Architectural Standards" for any new nonresidential buildings greater than 10,000 square feet. Some refer to it as the "Big Box Ordinance," which places building articulation and ornamentation requirements on larger buildings. What is not addressed by current commercial architecture standards are buildings less than 10,000 square feet in size, otherwise known as commercial "pad sftes"—fast food restaurants, smaller retail buildings,, etc. The purpose of this ordinance is to introduce the following changes. 1. Remove the 10,000 square foot threshold for commercial architecture standards so that all buildings are treated equally with some exceptions-, 2. Allow greater flexibility in the masonry percentages and reintroduce stucco and reinforced IEIIIFS into the approved mix of materi4ls, but at tolerable percentages-,, I Packet Pg. 54 I UDL "W NOKTH KICHLAND WLLS 3. Keep the same successful format of allownng applicants to choose from a list of required architectural features,, but add more options to choose from and increase the number of features required; 4. Provide a new "choose from" category based on the basic LEED Core Concepts of builclling shading, daylighting, cool roofs, solar orientation,, etc. Staff's goal of this ordinance was to find an appropriate balance between architecturall flexibility and qualitative community standards. TIMELIINE: The follownng timefine summarizes some of the Ike y meetings on this ordinance. December 2012 December 2013 Jolly 14, 20114 Jolly 17, 20114 August 7, 2014 August 25, 2014 Architect's Focus Group Discussion P&Z Work Session City Council Work Session P&Z Public Hearing & Commission Discussion P&Z Public Hearing # 2 and Consideration City Council Public Hearing and Consideration ORDINANCE SPECIIFICS: In addition to the four major changes listed above, the follownng describes some of the other key changes or similarities to the current standards. 1. The City currently considers only the street-facing wall to be the "fagade wall" that must be articulated and dressed up. The proposed ordinance expands that to any fagade wall visible from a public street or internally from a major development (i.e. pad sites). See new definitions for "fagade wall, primary" and "fagade wall, secondary" lin the attached ordinance. 2. Changes to the building material percentages that favor architectural flexibifity. The proposed ordinance relaxes the use of EIFS and stucco from 15% max. to 30% max. and removes the condition that it be higher than 8-feet lin height. 3. AI buildings must choose 9 of 23 options for arficUlation, ornamentation and °Cconservation" (3 from each category). Today's standards requiire architects to choose between 9 or 10 of 14 options. The proposed ordinance, therefore, keeps the same "menu of options" format but increases the number of options and categorizes options into 3 new categories. 4. A brief set of basic standards for 1-11 & 1-2 construction lis proposed, which does not exist today. 5. The ordinance Ikeeps the SUP provision for building maternal percentages (e.g. recent Fort Worth Christian builclling), but also Ikeeps the hack of SUP for I Packet Pg. 55 I UDL "W NOKTH KICHLAND WLLS archJtecture standards. If an applicant cannot meet the standards, they would have to request a PID zoning change or go to the Zonlingi Board of Adjustment. Attached is the entire proposed Article V, Division 4 of the Zonlingi Ordinance. Although SubdNislion 11 — Residential Construction is included in the ordinance, no substantive changes were made to the residential construction regulations. They are only included because staff renumbered section numbers and moved content from one section or subdivision to another. PLANNING & ZONING RECOMMENDATION: The Plan6ing & Zoning Comm,isslion held a public hearing and considered this item, at their August 7, 2014 meetings and voted 6-0 to recommend approval of TIR 20114-03. Recommendation. Approval of TR 2014-03 IPacket Pg. 5116) "W 101N is] I►1 iliIs] :VL'C419414V AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RIICHLA►ND HILLS BY AMENDING SUBDIVISIONS III AND III OF DIVIISON 4 OF ARTICLE V OF CHARTER 118 OF THE NORTH RIICHLA►IND HILLS COLE OF ORDINANCES; AMENDING ARCHITECTURAL STANDARDS FOR RESIDENTIAL AND NON RESIDENTIAL CONSTRUCTION; ESTABLISHING A► PENALTY; PROVIDING FOR SEVERA►BIILIITY AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning & Zoning Commission has after conducting a public hearing has made fits recommendation for the following amendment to the zoning ordinance; and, WHEREAS, after appropriate notice and public hearings, the Planning & Zoning Commission of the City of North (Richland Hllillls, Texas has forwarded a recommendation to the City Council) for amendment of the City is zoningi ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RIICHLA►ND HALLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Rlichlland HIi111s be amended by amending Subdlivislions II and 111111 of [division 4 of Particle V" of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: IV Sec. 118 -671. Required masonry percentage. Packet Pg. 57 I UDL "W NOKTH KICHLAND WLLS (a) Generally. The minimum required percentage of masonry on the exterior wall surface of all residential primary structures, as viewed from each elevation, shall be in accordance with the schedule contained in Table 6-1. (b) Exemption. An exemption to the masonry requirement shall apply to ex�sting resident4l structures, lincludling all permanent structures, which do not meet the masonry requirement. Any enlargement of an existing residential structure, includingi all permanent structures, shall provide an amount of masonry which matches the adjacent surfaces of the existing structure. (c) Masonry calculation (residential). Minimum masonry percentage requirements shall linclude a combination of brick, ceramic block, stone, or other masonry materials installed in a craftsman like manner that are a mi6imum of one finch thick and imbedded in a cementitious reinforced substrate. (d) Alternative materials. Up to 15 percent of the wall surface no closer than eight feet from the adjacent grade level can use non-wood or alternative materials such as sidling, reinforced cement board, stucco and other comparable masonry systems approved by the building official. Wood based products for siding materials lincluding eaves, sofits, and chimneys are prohibited except as allowed by a special use permit for unusual construction. Residential masonry materials and alternate materials do not include concrete block, concrete tilt wall or IEIFS systems. I Packet Pg. 58 "W Sec. 118-672. Exterior wall surface defined. For the purpose of this subdlivislion, the exterior wall surface shall be defined as the entire exposed exterior wall surface for each elevation. See. 118-673. Unusual construction. (,ether types of residential construction lincluding but not limited to geodesic domes, log homes, A -frame construction, may be allowed only after issuance of a special use provislion (refer to dlivislion 6, article IIII of this chapter). See. 116 -674. Roof pitch ratio. Any structure constructed for the purpose of residential use must have a roof with a plitch ratio of at least four verticalls to 112 horizontals (4:112). (See Ordinance Nlo. 2427.) See. 118-691. Purpose, intent and applicability. (a) Purpose and intent. The purpose of this section is to: (11) provide minimum standards and criteria for the exterior appearance and quallity of nonresidentiall buildings whine still providing i flexibility in architectural creativity and innovation; (2) improve the physical appearance of the community, promote the value of property and protect public and private investment; and (3) encourage energy conservation through building design. Packet Pg. 59 "W (b) Applicability. The provisions of this Subdivision shall apply in the folllowing situations- (11) When an existing bulildling is proposed for remodelling, alteration,, addition, or expansion, lin which, the value of the proposed construction exceeds 75 percent of the current appraised value of the existing structures, excluding the value of the land; (2) When an existing bulildling is proposed for an addition that will increase the square footage of the existing building by 34 percent or greater, only new fagade walls shall be subject to this Subdivision; () Upon all new construction; or (4) As a requirement of the approval of a special use permit or planned unit development. (c) Exemptions. The following i shall be exempt from this Subdivision: (11) Temporary /portable classroom buildings situated on public school property; (2) Bulildlings located within the Town Center Zoning District, () Bulildlings located within the Transit Oriented IDevellopment. District(s) Sec. 116 -692. Definitions. The following terms and phrases shall apply to this Subdivision: Alternative masonry material. Masonry materials installed in a craftsman -hike manner that are a minimum of one inch thick and imbedded in a cementitious reinforced substrate and approved by the building official to meet the same characteristics and design intent as conventional masonry techniques. Articulation, horizontal. A bulildling faade wall which extends no greater than 3 times the wall's height without having a minimum off -set of 15 percent of the walll's height, and which offset continues for a minimum distance equal) to at least 25 percent of the maximum, length of either adjacent plane. Packet Pg. 601, I UDL "W NOKTH KICHLAND WLLS Articulation, vertical. A buildings facade wall whiich, extends for a distance no greater than 3 times the height of the wall without changlingi height by a minimum of 15 percent of the wafl's height,, and which height change continues for a mi6irnum distance equ4l to at least 25 percent of the maximum, length, of either adjacent plane. Cementitious fiberboard. Smooth or wood-textured finish with integrated color in the form of lap siding or board and batten. Concrete Masonry Unit (CMU). Tinted and/or textured architectural block that includes spift-face block with integral color and burnished block with a decorative finish. Cool roof. A buildings whose roofings has either- (1) a solar reflective index (SlIRI) of at least 75 for Ilow-sloped roofs with a pitch equal to or less than 2-12 for at least 75 percent of the roof surface; (2) an SRI of at least 25 for steep-sloped roofs with a pftch greater than 2-12 for at least 75 percent of the roof surface; (3) a building that has installed a vegetated roof approved by the Dev&Iopment (Review Committee for at least 50 percent of the roof surface; or (4) a combination thereof. Exterior insulation finish systems (EIFS), or synthetic stucco. An exterior finish system that provides exterior walls with an insulated, waterproof, wall surface by integrating foarn, plastic insulation, adhesives,, reinforcing mesh, and a polymer finish,. Such systems shall include two layers of reinforcement mesh or an equal approved by the buildings official. Facade wall, primary. An exterior wall clearly visible from a public street, along an active storefront, or the rear facade wall of a building which is situated in front of additional developed or developable nonresidential property (i.e. out- building or pad site). Facade wall, secondary. An exterior wall which is not clearly visible from a public street or along an active storefront, is not situated in front of additional developed or developable nonresidential property, or constructed on a property line as one of a series of in-line buildings where the wall will become part of a common wall. I Packet Pg. 61 I UDL "W NOKTH KICHLAND WLLS Living shade, screen. Irrigated vegetation utilized on the south or west fagade walls of a bulildlingi to shade a building's walls and/or roof in one of two farms: deciduous large or ornamental trees planted within 15 feet of the fagade wall whose mature canopy will cover at least 50 percent of the adjacent fagade wall; or architectural metal lattice and climbing vines applied to at least 30 percent of the fagade wall. Solar orientation. A building whose axis is at least 1.5 times longer than the other; and the longer axis is within 15 degrees of geographical east-west. Stucco. An exterior finish, system, containing a mixture of port[and cement, sand, and (lime, which is applied in a plastic state to form a hard, weatherproof exterior wall finlishi. Stucco systems may consist of a one-coat system, that includes a base and finish layer; or a three coat system that contains a scratch coat, brown coat, and finish, coat. Stucco shall be installed over approved metal lath mesh, to a minimum thickness of 0.75 inches. Stucco systems do not linclude exterior linsullation finish systems (EIFS). Tri-partite, architecture. A building designed and constructed such that is has a distinct base, middle and top, separated by horizontal elements. Sec. 11118-693. Exterior materials and colors. (a) Required masonry percentage. The minimum required percentage of masonry on the exterior wall surface of all structures located on property zoned for nonresidential uses, as viewed from each elevation, shall be 85 percent and in accordance with the schedule contained in the following Table 6 -2. The area of door and window openings shall not be included in the calcUlation of this requirement. I Packet Pg. 62 I UDL "W NOKTH KICHLAND WLLS ' See Sec. 118-692 for certain material definitions. (b) Glass. Nlo minimum or maximurn, Ilimlit exists for the use of glass on any fagade wafl. Nlo more than 50 percent of any facade may be reflective glass. For the purposes of this section, reflective glass shall) be defined as glass having a reflectance of greater than 10 percent. (c) Material exceptions. (11) Concrete Masonry Unit may be considered as a Group A material for up to 20 percent of the primary fagade on bufl6ngs 10,000 square feet or greater but may not be simultaneousuy considered in the Group A and Group B category. (2) Tift-up concrete panels that are adorned or textured with reveal patterns and/or textural coatings may be used on buildings of 10,000 square feet or more as a Group A masonry maternal. (3) Concrete Masonry Unit may be considered as a Group A maternal for secondary fagade waHs. (d) Color. I Packet Pg. X63 Brick Natural Stone Masonry Cultured Stone 70% 100% 20% 100% Group A Ceramic Block Alternative Masonry Material Stucco Masonry EIFS 0% 30% 0% 50% Group B Concrete Masonry Unit Cementitious fiberboard Metal Accent 0% 15% 0% 15% Wood Tile ' See Sec. 118-692 for certain material definitions. (b) Glass. Nlo minimum or maximurn, Ilimlit exists for the use of glass on any fagade wafl. Nlo more than 50 percent of any facade may be reflective glass. For the purposes of this section, reflective glass shall) be defined as glass having a reflectance of greater than 10 percent. (c) Material exceptions. (11) Concrete Masonry Unit may be considered as a Group A material for up to 20 percent of the primary fagade on bufl6ngs 10,000 square feet or greater but may not be simultaneousuy considered in the Group A and Group B category. (2) Tift-up concrete panels that are adorned or textured with reveal patterns and/or textural coatings may be used on buildings of 10,000 square feet or more as a Group A masonry maternal. (3) Concrete Masonry Unit may be considered as a Group A maternal for secondary fagade waHs. (d) Color. I Packet Pg. X63 I UDL "W NOKTH KICHLAND WLLS (11) Exterior colors shall be Ilow reflectance, subtle, neutral, or earth, tone colors. (2) Bright, pure tone primary or secondary colors, neon and LED tublingi are perm,isslible only in limited application as accent colors on door and window frames, moldings, cornices, canopies, awnings, etc. in proportions consistent with trim or accentuation only. Such building trim, and accent areas shall not exceed 15 percent of any slingile exterior wall area excluding all windows, doors, and glass construction materials. Neon and LED tubing must meet the provisions of Sec. 118-728 (Outdoor Ligihtingi). (3) The use of h,igh, intensity or fluorescent colors shall be prohibited. (4) The color of the secondary fagade wall(s) shall match, or complement the primary fagade wall(s). (e) Roofs. (11) For buildings with a visible hip, gable or mansard roof, allowed materials �include standing seam metal with a factory - treated, non-metdl[ic matte finish, slate or tine (clay or cement,, barrel or (Roman- shaped). (2) No more than one color shall be used for visible roof surfaces; however, if more than one type of roofing materi4l is used, the materi4ls shall be varying hues of the same color. (f) Special use permit provision. Materials and percentages other than those defined herein may be used only after the issuance of a special use permit (refer to Division 6, Article (1 of this chapter). Exemption. Buflding renovations that do not expand the existing square footage of a nonresidential buildings may continue existingi material proportions without a special use permit as Ilongi as they offer improved architectural features and do not decrease the percentage of masonry on the newly renovated buflclling. (gi) Prohibited materials. The use of vinyl, plastic, concrete cinder block and slimflar materials shall be prohibited. Sec. 11118-694. Architectural design, standards. I Packet Pg. X64 I UDL "W NOKTH KICHLAND WLLS (a) Articulation standards. The followings options are available to articulate the form of primary fagade walls. All primary fagade walls shall utilize a minimum of 3 of the below options. No articulation is required on secondary fagade walls, however corner elements are required to wrap from the primary fagade wall to the secondary fagade wall. (1) Vertical) articulation. This option shall be required for all buildings 10,000 square feet or greater. (2) Horizontall articulation. (3) Th-partite architecture. (4) Pitched (hip or gable, 8.12 laftch or greater) or mansard roof. (5) Ralised corniced parapets or gables over the buiWing's entrance(s) projecting from the plane of the main exterior walls by a minimum of 25 percent of the adjoining wall height and raised a minimum, of 15 percent of the adjoining wall height. (6) A prominent three-dimensional landmark feature such as a tower, turret, arches, etc. which doubles the defined minimum vertical and horizontal off -set (i.e. 30 percent verficdl and horizontal off -set rather than 11 5 percent). (7) llntegrall irrigated landscape planter seats constructed within 15 feet of the face of the building and incorporating livings landscaped areas of ornamental and/or shade trees and places for sittings near the buiWing's primary entry. Planters shall be a minimum, of 19 )inches high and 5 feet wide and cover at least 30 percent of that facade. (b) Ornamentation standards. The followings options are available to embeflish primary fagade walls. All primary fagade walls shall utilize a minimum, of 3 of the below options, at least one of which shall occur vertically at a separation no less than 3 times the wafl's height. No ornamentation is required on secondary fagade wafls, however corner elements are required to wrap from the primary fagade wall to the secondary fagade wall. The term "'decorative" lis inferred in all options. (1) Enhanced exterior (lighting such as wall sconces or light covers wrath concealed light source. (2) Changes in material selection, module size, color, texture and/or pattern. I Packet Pg. X65 I UDL "W NOKTH KICHLAND WLLS (3) Public art such as murals, paintings, sculptures, statues, etc. on or within 10 feet of a fagade wall. Such public art shall not display or connote a commercial message, shall be appropriately scaled for the size of the fagade and shall be approved by the Development Review Committee. (4) Non-slignage accents such as corbels, medallions,, niches, wrought iron and other metal, balconettes, dormers, faux windows or others as approved by the Development Review Committee. (5) Cornice. (6) Quoined corners. (7) String courses and stone banding. (8) Arched or pedimented windows. (9) Masonry treatment at window and/or door headers and sills. (c) Conservation standards. The following options are primarily intended to encourage energy conservation through such passive solar design methods as shading,, daylighting, and bulildlingi orientation,, whereby adding to the arficUlation and ornamentation of the building as well. All buildings shall utilize a minimum, of 3 of the followings options per building. The Development Review Committee may review these options based on meetings the intent of passive solar design. (11 ) Codl roof. (2) Solar orientation. (3) Llivingi shade screen. (4) Awnings, overhangs,, arcades, canopies or porticos with colonnade. (5) Window area that covers at (least 30 percent of one facade, or 50 percent of 2 facades. (6) Clerestories and window shelves/transoms. (7) ,architecturally - integrated rainwater harvesting systems. (8) Other as approved by the Development Review Committee as in �keeping with the intent of this section. IPacket Pg. 6116) I UDL "W NOKTH KICHLAND WLLS Sec. 118-696. Industrial building design standards. The following apply to primary structures built lin an lindusthal zonings district and proposing an lindusthal and/or manufacturing use, per the Table of (Permitted Uses (Sec. 118-6,31)- (a) The main entry or office area of the buildling shall be articulated both horizontally and verficafly by at least six feet or 20 percent of the adjacent wall length,, whichever is greater. Building corners shall also be arficu[ated, as approved by the Development Review Committee. (b) Bufldlings shall also incorporate one ornamentation standard on each primary fagade wall and one conservation standard. (c) Tflt-up concrete panels that are adorned or textured with reveal patterns and/or textural coatings and varying earth-tone, neutral colors may be used on up to 90 percent of all primary fagade walls and 100 percent of all secondary fagade walls. Group A rnateri4ls shall be applied to a minimum of 10 percent of primary fagade waHs." Section 2- Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand IDolllars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section I 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 phrase,, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidlity 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 linvallid phrase, clause, sentence, paragraph, or section. I Packet Pg. X67 I UDL "W NOKTH KICHLAND WLLS Section 4- 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 5- This ordinance shall be in full force and effect irnmedliat&ly upon passage. I Packet Pg. 168 "W ANC IIT IS SCI~ ORDAINED. Passed on this 25th day of Augiust, 24114. M Aicia. Richardson, City Secretary Approved as to form and Ilegallity: George A. Staples, Attorney CITY OF (NORTH RICHLAND HALLS Oscar Trevino, Mlayor Packet Fig. X69 �.2.a EXCERPT FROM THE (MINUTES OF THE AUGUST 7, 2014 PLANNING AND ZONING COMMISSION IMEETING TR 2014 -03 Public Hearing and Consideration of amendlmemts to Article V, Division 4 of Chapter 118 of the North Richland Hills Code of Ordinances regarding commercial architecture standards. Clayton Comstock, came forward to present the staff overview of TR 20114-03 and went over the proposed changes to the ordinances regarding i archlitecturall standards. Chairman, Randall Shiflet closed Rubllic Hearing of C.3 TR 2.414 -03 consideration of amendments to Article V, IDlivislion 4 of Chapter 11118 of the Forth Richland IHlillls Code of Ordlinance regarding i commercial architecture standards at 7:88 IPM. 1A1, :j -TSIr/ 1I Steven Cooper motioned to approve TR 2014 -03 as proposed. The motion was seconded l by (Kathy Lulppy. The motion Ipassed l unanimously (6 -0). Packet Pg. 701, "W 10101IJ ilk L' L' l i i Nk - L' From: The Office of the City (Manager Subject: SUP 2014 -47 IPublic IHlearingi and Consideration of a (Request from J & J NIRHI 149, FLIP for a Special Use (Permit for a (Detention /Retention Pond on 11.8117 at the Southern Terminus of Bentley (Drive. CONTINUED FROM THE AUGUST 11, 24 114 MEETING, Ordinance No. 3319 Presenter: Clayton Comstock, Senior Planner Summary. J & J NIIRIHI 144, FLIP is requesting a Special Use Permit for a stormwater retention facility for their 4 -(lot Thornbridge (East. Phase V residential subdivision on the west side of (Precinct Line Road between Belshire Drive and Kirk (Road. The pond would be located deep within the Thornbridgie neighborhood on a 1.82 -acre lot behind six existing Thornbridge homes and adjacent to three new homes as part of the Final (Plat for this phase. This case will irequire a super - majority vote by the City Council (because adjacent (property c w ner Rick Stevens has submitted an opposition letter. His property represents more than 20 %,, of 'tire land) area within 200 feet of this zoning request. Six City Council members will have to vote in favor for this request in order for it to pass. General (Description DETENTIIONJRETENTIO N: This is the second Special Use Permit to be considered under Section 118 -729 of the Zonling Ordinance — "Detention /retention pond criteria" — sling: the provision was passed on January 14, 2013. The Harmon Farms development on (Eden Road received approval for one detention and one retention pond earlier this year. Thornbridge East Phase V is proposed on a tract of (land which naturafly discharges stormwater runoff to the south, onto an adjacent property. Per the terms of the City's detention / retention policy,, the City will allow detention of stormwater in cases where a development is discharging developed runoff onto a property where there is either insufficient drainage capacity, or where there is no public dralinage easement to accept the flow. In this case, a combination detention / retention pond is proposed at the southwest corner of this addition to mitigate the site's development. During rain events, the pond will capture runoff from the subdivision and release it at a lower rate than the current undeveloped condition. Since the Thornbridgie East subdivision begun allmost. Packet Pg. 171 ' I UDL "W NOKTH KICHLAND WLLS ten years ago, runoff lin this area has decreased dramatically as more water was directed to Little Bear Creek further to the north and west. In between storm events, the pond will maintain a constant water surface and linclude a fountain for circulation and water quality. The pond will be surrounded by a decorative tubular steel fence and landscaping (canopy trees). MAINTENANCE AGREEMENT: The City and the developer will enter into a developer/m4intenance agreement that will stipulate that the developer and/or the HOA shall be responsible for maintaining the area to minimum, standards and the City will have the option to access the facility for additional maintenance lif needed. 20% OPPOSITION ATTAINED: The property owner adjacent to the south, Mr. (Rick Stevens, has sent a formal letter of opposition to the Special Use Permit application (see attached). Therefore, a super-majority of City Council members must vote in the affirmative to pass this Special Use Permit ordinance. Assistant Director of Engineering Caroline Waggioner wflll be available at the meeting to further explain the City's position I Packet Pg. 72 I UDL "W NOKTH KICHLAND WLLS on the floodpllain and the impact of past and future dev&1opment with and without any detention facilities. ADDITIONAL INFORMATION / COUNCILMEMBER QUESTIONS: Councilman Tum Welch has asked staff to address the followings questions: Q: The Iplans we have are the landscape Iplans showing the detention, pond and on, sheet 1-32. 1 see in the Ibackgroundl the storm sewer Ipipe coming into the pond, but I dlon't see where the storm, water is released onto the Steven's Property. Can the council get copies of the Engineering storm plans (storm sewer, detention ponds, detention pond modeling, etc.)? A- Electronic copies of the drainage and detention pond plan sheets are attached. See attachment "Thornbridge East Ph 5 Drainage & Detention Pond Plan Sheets. " Q: Can we get a copy of the current FEM► Firm map for this area? A- The current FEMA panel 48439CO090K dated 9125109 is attached. This map was updated by a LOMR in 2010, which is also attached. Q- Is the current Ibex culvert under Dirk Road (have capacity and/or what is the future show for improvements to this drainage structure? A- Little, Bear Creek's condition as a natural creek involves a considerable footprint, and the existing box culvert under Kirk Lane does not have the capacity for the 100-year storm event As you can see, on the Little Bear Creek Corridor exhibit, the ultimate, 100-ye,ar floodplain is almost 800 feet wide, at Kirk Lane (the existing 100-year is 700' wide, and the floodway is 430' wide). You can also see on the exhibit that the limited culvert size does not cause, a constriction or choke point in major storm events, due to the very wide and shallow signature of Little Bear Creek overtopping the roadway. [see, attachment- Little Bear Exhibit] Q- I't appears where the proposed water being discharged onto, the Steven's property was not the actual location of the old creek line. Can we verify this on old city,topo,? A- The proposed point of discharge, on the Steven's property aligns with one of two receiving points on their property based on old contour information and aerials. Engineering staff agrees that the eastern receiving point is more pronounced than the western location. Staff believes that this is due to the former presence of stock tanks northeast of the Stevens' property, which discharged into the Stevens' stock tank through the eastern ditch line. However, the proposed discharge location does align with a historic low point. Attached please find a page from the 1990 City Topo Maps with the Stevens' property highlighted and I Packet Pg. X73 I UDL "W NOKTH KICHLAND WLLS the two receiving points marked. Also attached is an aerial photo from 2005 which clearly shows evidence of surface runoff following the currently proposed path, even before Mr. Barfield owned the property. [see attachments- Page from NRH Topography Map.pdf, Thornbridge East — 2005 aerial.jpg] PLANNING & ZONING COMMISSION: The IPlanningi & Zoning Commission held a pubfic hearing and conslidered this item at their July 17, 20114 meeting and voted 6-0 to recommend approval to City Council. STAFF RECOMMENDATION: Approval) of SUP 20114-07, Ordlinance 3319. I Packet Pg. 174 VICINITY MAP I Packet Pg. 175 AERIAL MAP Packet Fig. 17! PROPERTY OWNER NOTIFICATION Case Number: SUP 2014-07 Location: '7800 131k of Bentley Dr You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. I Purpose of Public Hearing: A Public Hearing is being held to Consider a request from J&J 100 NRH FLP for a Special Use Permit for a DetentioniRetention Pond in Thornbridge East, Phase Five located in the 7800 block of Bentley Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONIING COMMISSION 7:00 PM THURSDAY, JUNE 19, 2014 CITY COUNCIL 7,00 PIM MONDAY, JULY 1'4, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HIILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820, North Richland Hills, Texas 7618,0 Phone (817) 427-6300 Fax (817) 427-6303 I Packet Pg. 77 NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONIING COMMISSION AND CITY COUNCIL Case Number: SUP 2014-07 Location: '7800 131k of Bentley Dr You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. I Purpose of Public Hearing: A Public Hearing is being held to Consider a request from J&J 100 NRH FLP for a Special Use Permit for a DetentioniRetention Pond in Thornbridge East, Phase Five located in the 7800 block of Bentley Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONIING COMMISSION 7:00 PM THURSDAY, JUNE 19, 2014 CITY COUNCIL 7,00 PIM MONDAY, JULY 1'4, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HIILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820, North Richland Hills, Texas 7618,0 Phone (817) 427-6300 Fax (817) 427-6303 I Packet Pg. 77 LIST OF (NOTIFIED PROPERTY OWNERS Stevens, Lucille J & J Nrlh 100 Flp Grace Meadows Homeowners T C Stevens Testamentary Tr C/O John Barfield Assoc 9241 Kirk ILn 744 WW IHairwood IRd Ste A i Box 54023 Fort Worth Tx 767182 -7514 Hurst Tx 76054 -3391 Hurst Tx 760,54 -4423 Austin, Dustin B Hoagland, Jaynes WW Etux Mitchaimore, Scott Etux (Leslie Sherrie 7824 Wentworth Dr 1344 Keller Pkwy Apt 422 8956 Southtlhorn Dr NRH Tx 76182-7542 Keller Tx 76248 -1648 NRH Tx 76182- 7539 Raines, George J & Joey Raines Simoin, Carrion IE Etux Darla K Land, Charles Etux Elsie 8956 Glendiara Dr 8957 Souththoirn Dr 9020 Glendara Dr NRH Tx 76182 -7534 NRH Tx 76182 -7544 N'IR H Tx 716182-7536 Cromer, Tad E & Kimberley D C Smith, Diana & Mlichaell Hancock, Bradford L Etux Diane Aka George E Comer 9416 Glendara. Dr 9012 Glenriara Dr 9178'8 Glendara Dr NRH T l ndara Dr NRH Tx 76182 -75'36 NRH Tx 76182 - 7536 Mathew, Shane A Etux Sylvia S Mina Custan Homes Ilnc Johnston, Chriis Etux Sheila J 94174 Glendaira Or 7920Woodland Dr 9045 Glendara Dr NRH Tx 76182' -7536 NRH Tx 76182 -7331 NIIRH Tx 76182 -7537 Germain, Charles S Etux Linda Root, Michael C Etux Chirlsty R North, Cameron T Etux Alissa 9469 Glendlara Dr 9013 Glendara Dr 9017 Glendara Or NRH Tx 76182 -7537 NRH Tx 76182 -7537 NRH Tx 76182 -7537 WWhisenand, James Etux Cynthia 94211 Glendara. Dr NRH Tx 76182-7537 Packet Pg. X78 OPPOSITION LETTER Planning and Zoning Commission 'Planning & Zoning Meeting 6-19-14, Item C. 13 SUP 2014-07 I'm Rick Stevens and this is ray Moms property at 9201 Kirk Lane that will be affected by this retention pond. Over the last 20 years we have been dealing), with flooding problems with the increased drainage fioni hundreds of acres developed north orour property. The city and developers, have received millions of dollars from these developments. Because of no improvements to Little Bear Creek in the 70 years we've own this property all we have received is increased flooding and darnage to our property (see picture 91, 2, & 3). The flooding in these pictures was caused by a 3 to 4 inch rain, In the years past it would take around a 5 to 6 inch rain for this type of flooding. 'Now a I inch rain fills the creek to the top, Now another phase of development that will bring more water with more damage to our property is about to begin. Let tire state we are not against development, we know it is unstoppable. What we have a problem with is how the City and developers continue to refuse to do any improvements to Little Bear Creek that would help us, with flooding. I have been talking with Mr. Baflield about this development and drainage problem for several months now. I have offered to allow Our pond to be the retention pond however it would need improvements. &. Barfield made us an offer to pursue this in which we have made several counter offers but no other communication was off,'ered, We are still open to this option. Currently we have the Barfield retention pond option which is better than the water going unchecked across Our land. however the problem we have with it is that the City will allow it to discharge in an area that is referred to as "ditch A" on page 9 of their site plan. Ditch A was a, secondary drainage location for the land north of us until Mr. Barfield started developing this around 10 years ago. Ile has changed the elevations and drainage to concentrate most of the runoff into "ditch A" (see attached picture #4). Prior to the dirt work "ditch B" was and has been for the past 70 years the primary drainage creek. This is reflected on the city and FEN/[A flood plan neaps (see attached picture 95). It is also reflected in our land were "ditch B" is a 2 to 3 foot deep channel and "ditch A" hardly existed until the last several years from the concentrated drainage coming from the Bai: field, development (see picture 7 & 8). According to the site plans the retention pond will over flow into "ditch A" which will erode away at a quicker rate and inake it were we can not access the north east area of our property because of"ditch A" and "ditch B", Our reqUCSt is to rnove the discharge about 200 feet to the east and discharge into "ditch B" which has always been the drainage creek for this land. We also would like a 24" bypass pipe to be put in between Our pond and Little Bear Creek- This would help with the increased water we will get into our pond which overflows and runs between our barns behind my Moms house (see picture 46,). I Packet Pg. X79 So we do oppose the retention pond. for how it overflows into our property which will cause more erosion and damage plus cutting off access to out north cast corner. We would hope this committee would send this back to the engineers for design changes. We IM would also like a commitment from the City to improve drainage along Little Bear Creek. Thank you for your time. Rick Stevens 7132 Stonybrooke Dr, NRH, TX 76182 817-845-5351 FARkl1w, LIMIT OF DETAILFF) STUDY r7 4 -4 I Packet Pg. 80 OPPOSITION MAR Packet Fig. 1 1' (6KC "ON GOURUilpa0 `LO-VL,O dG1S ZOO LO-V'1�6Z dns sluaw n as 6u ii jioddlnS :juaiawiyoajjV cv oa 000,10- � { Packet Pg. q 83 (6 KC N 2222m5P 0'LO- L,O( dnS : ZOO 0 Z V(�OZ dns Auaw n3oa §mji oddnS' uemgJmjV « & — � 2 000,10- ORDINANCE NO. 3319 SUP 2014 -07 AN ORDINANCE OF THE CITY OF (NORTH RIICHLA►ND HALLS, TEXAS, AMENDING THE COMPREHENSIVE (PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE (PERMIT FOR A, DETENTIONJRETENTIION (POND LOCATED IN THE THORNBRIDGE EAST, PHASE V ADDITION ON BENTLEY DRIVE; ESTABLISHING A, PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE LATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 244 feet of the property herein described at least 114 days before such hearing; and, WHEREAS, notice of a public hearings before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the (Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zonings as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North (Richland IHills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HALLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by amending the zoning of a 1.8117 acre tract of Land in the Thornbridge East, Phase 5 Addition to the City of North IRichlland Hillls, (located on Bentley Drive and approving a special use permit to allow for a detention/retention pond and approving the legal description attached hereto as IExhiUt A and the site plan attached hereto as (Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zonings map of the City of North (Richland Hlills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand (Dollars ($2,444.44 ). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Packet Pg. 85 Section 3- The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4- This ordinance shall be in full force and effect immediately after passage. 1 -11 � I II 19 RVISX610 BY-Al I L' 14 1] PASSED AND APPROVED on the 1 ltlr� day of Augiust, 20114. m ATTEST: Alicia Richardson, City Secretary Is] I WKS] A � 16RI 0: IN IsH I W&I L' I 1j: I I I %� Oscar Trevino, Mlayor F-'W;J :101'YA 4 MAN:* 11611 IQ N �i F-Al kI I III 1 :10-1 14 1 Wif George A. Staplles, Attorney I Packet Pg. 86 EXHIBIT A PROPERTY DESCRIPTION ST TI OFTEX AS: COUNTY OF TARRANT: BEING a 1,817 acre tract of land situated un the S, Richardson Survey,Al)sfract No, 1266, City orNor-th Richland Hills,'Furrant Counly,'foxas, living a portion of that tract of land as dcscribQd in deed to.t & J N R H 100 FIX, recorded in D206215757, Deed Roeords,TarranL County, 'l (I)RI'C"I'), heing a portion ofthat tract ofland as described in deed to J &.1 NRII 100 Ii Y, recorded in D200144275, DRTCT, and bojiig unore particularly described as 17611ow,,; AFGINNIN(vat a 1121" robar capped LlN 3946 lbund at fliesouthenst corner Of IAA 9, Block '9 of Thombridge East. Phase IV, an addition to the City ot'North Richland Hills, TaFrallt COUHAV, Tcxm as recorded in D210154414, Plat Rccords,T'WT&nt COWAV, Texas (PRTCT), said point Ding in the south line of said &.1 NRII 100 11,P tract recorded in D200215757,, DIZTCTand the north line of as tract ofland as described in deed to Lucille H. Stevens, Trustee, recorded in Volume 14510, Page 4-38, DRTCT; T] 11"NCk N �00'04'08"' F, departing the north line of,"id Stcvcns tract, along the cast lino cif said 'Ill 01-111) ridge East, Phase IV, a distance of290.04 fect (Plat 290.00 ieet) to a 1 "2" rebar Capped (Ioodwiii & Mai shall set at the most ca.sterly northeast cosier of said 'niornhi-idg, East, Phase IV, said point I ' ving in the south line Of Block 8 of'fliombridgc FAA, Phase 111, = addition to the Cy it ol'Norih Richland lfills,Tarrant C.ountv''Texas as recorded in Cabinet A, Slide 11.3; 9_ PIVI'CT., THENCE S 81)'56'49"' E. along the south linv Of said Block 8, a distance ol'178.42 feet to the northeast corner of the herein described tract of land., Irons which as 1,2" robar capped 00odwin Marshall set at the ino:st southerly' southeast corner of` said 'lliornhridge East, Phase Ill bears S 99"56'49" F, 175.00 feet-, THENCE departing LhQ south line of said Block 8, traversing acruss said J & J NRII 100 FLP tracts, as follows: S 00110311 " W, a distance of 156,0? feet; S 89'56'49" fil", a &,stance of 13333 Feet to the beginning of a non-tangcnt curve to the lefl, having a radjus, point that beam N 56'29'49" 1,, 50.00 feet: Southeasterly, along said curve, having a central angle ol"90'0652", an arc distance ol, 78.64 I'cct, and a chord that bears S, 78'33'37" E. 70.78 feet to the end of said eurve; S 89056849" F, non - tangent to said curve, a distance of 11,93 1'eQt,, S 00'Q3'l I " W, a dis(ancc of 120,00 14 ct to a point in the south line of said J & J NI?1I IN) FLP tract recorded in D206144275. DRTCT and the north line of said Stevens tract, from which a higlaway monument found in [he wost ripjit-of-kvay line of Precinct Line Road (l,' ,M. Ilighway No. 3029, right-of -way varies) at the southeast corner of said J & J NMI I Packet Pg. 87 100 ILP tract recorded in D206144273, DIVI'C"I'bears S 991%'49" E, 929.69 feet; ll IFINCE'N 89'56'49" line apt said J J NR I 1100 I'l-Piracts avid the v' pill) live: ofsjW stc"Ims tract, as dislawc of 3'93,1,4 fQ0 to thQ NANT OF BEGINNING and Colitainilig 79,150 squmv. fact or 1.N 17 acres of land, NOTE: 1'x=ings are leased on Cil'y of North Richland Hiliv, Geodaic Control Stations OPS-28, GIIS-30 & ON-3 1. I Packet Pg. 88 (6,�CC 'ON G0U9UIPJ0'L0-VWZ dn:s:Z800 LO-VL,OZdnS 6ZEC ON G0upuI!PJ0:juqwq3ejjv n. Im 00 -w L5 al i Olt 77—, Al I, 777- 77 77 n. Im 00 77—, I, 7 UJ zus P zol --v . . . ....... cc n. Im 00 I, n. Im 00 (6,�CC 'ON G0U9UIPJ0'L0-VWZ dn:s:Z800 LO-VL,OZdnS 6ZEC ON G0upul!PJ0:juqwq3ejjv S PY w I" Z goo 2 0 UA 4 cc M 9 I 0 VIPUG Al NI R ZZ �Z: S PY w I" Z goo 2 0 UA 4 cc M 9 I 0 (6,b[C 'ON G0U9UIPJ0'L0-VWZ dn:s:Z800 LO-VL,OZdnS 6ZEC ON: G0u2ul!PJ0:juqwq3ejjv Jq M (6,�CC 'ON G0U9UIPJ0'L0-VWZ dn:s:Z800 LO-VL,OZdnS 6ZEC ON G0upul!PJ0:juqwq3ejjv 04 Jq 0) vi V- Uzz Co 2! UP 0 M NN H la E �q Eli V Rm i 'T k v -'i low i m m 2 Z Hh, iii i �� � � 4 fi6f�� ��I' n � .�r^�, �j w i& �p4 �', ,, -� �k P iM &f�! �� ���� a�� E ���a �� � �t i d�!_I,,,,� , Iq K T FIT Ry 4j Packet Fig. 193 EXCERPT FROM THE MINUTES OF THE JULY 17, 2014 PLANNING AND ZONING COMMISSION IMEETING SUP 2014-07 Public Hearing and Consideration of a request from J & J (NRH 100, FLP for a Special Use Permit for a Detention/Retention Pond on, 1.817 at the southern terminus of Bentley Drive. THIS PUBLIC HEARING IS CONTINUED FROM THE JUNE 19, 2014 IMEETIING. FP 2014-03 Public Hearing and Consideration, of a request from J & J NRH 100 FLP for a Final Plat of Thorn bridge East Phase V; being 43 single family residential lots on 15.407 acres located at 7817 and 7909 Precinct Line Roadl. Clayton Comstock came forward to present the staff overview. Applications SUP 201I4- 07 and FP 2014-03 prefer to be discussed together, as both, apply to the same project. The retention pond would be for a continuous hold of water. Surrounding the pond would be a retainlingi wall plus landscaping. Agreement has been made to install perpetual tree irrigation. Open space would be for utility easement and park area. Caroline Waggoner came forward to speak to the Little Bear Creek corridor. Much of this area is in the flood plain. Development of Thornbridge diverted flow to Little Bear Creek. Evaluation of the diversion channel prior to Thiornbridge phases II and III is why we would allow a detention pond to mitigate storm water run-off. The pond would also provide an aesthetic appeal. The fifty (50) foot minimum, distance between pond and the nearest property line provided a buffer to mitigate run off. Little Bear Creek is the only natural tributary. It has had increased debris and water flow from the development. City will maintain where they have public right of way. Chairman IRandalll Sh,iflet reiterated that the city does not have the ability to go onto private property to maintain even though it is a natural tributary by ordinance. Appficant, Jason Weaver; 2405 Mustang (Drive; Grapevine, TX; Civil IEngfiineer with Goodwin and Marshall, representingi Mr. Barfield and Our County Homes,, came forward to present his application. He appreciates Ms. Waggoner's and Mr. Comstock's overview of the project. Slide presentations show the existing twenty two (22) acres of watershed that discharges into two (2) different drainage ditches. Twenty.six (20.6) acres will flow into the proposed detention point. The result is improved drainage and discharge rate of nearly all of the development. J & J NRH 100 has obtained land from Mr. Barfield to increase the development slize. Chairman Randall Shiflet opened Public Hearing of C.2 Special Use Permit and C.3 Final Plat at 07.59 PMI. Angela Stevens; 7132 Stoney brook-, wished not to speak, but to express opposition. Austin Stevens; no address; wished not to speak, but to express opposition. I Packet Pg. X94 Rick Stevens; 71132 Stoney brook Drive came forward in opposition. This is his mom's property. Prior to this evening's presentation,, nothings was presented to us in writing of what Mr. Barfield was offered. Our problem is the water drainage into ditch, A. It has always been a minor ditch. Ditch B was always the main drainage for this area. The ditch, is three (3) feet deep. It already blocks access to the opposite side of our own property. It is his belief that there will be more flooding and greater erosion with higher population density. We request that this proposal be denied and sent back to engineering. Chairman Randall Shfflet reiterated that all of the information presented by Mr. Stevens was received and presented to staff and has been reviewed with engineering. There is a definite downstream problem south, of Kirk Lane. Rick Stevens stated that the city does have the famfly's perm,isslion to come onto our private property to make repairs on Little Bear Creek. The property has been in the farnfly for 70 years. There have been thousands of acres of development flowing into that creek with no improvements. No-one comes to clean it up. And the area is still operating with the same bridge from the 1930's. Chairman, Randall Shiflet asked if someone could have a look at the culvert and bridge at Little Bear Creek on the Smith property. Dianna Smith, 90112 Glendara (Drive; acting HOA President of Thombridge East, Phases 11, 111 and IV; came forward in favor. Her property backs up to where the detention pond would be located. She has been in favor of prior excellent developments with Our Country Homes. Chairman, Randall ShJflet closed Public Hearing of C.2 Special Use Permit and C.3 Fin4l Plat at 08.05 PMI. F&I :3 :3 - TEAT / &I I Bill Schio,pper motioned to, approve SUP 2014-07 as Iproposed. The motion, was seconded Iby Mark Haynes. The motion passed unan,imo,usly (6-0). Don Bowen expressed faith in city staff that if engineeringi says the flooding will get better, it will. F&I :3 :3 - TEAT / &I I Don Bowman motioned to approve FP 2014-03. The motion was seconded by Bill Schio,pper. The motion Ipassedl unanimously (6-0). I Packet Pg. 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EETGiUM CIRCLE CF w W ,1 S+"wWU 83HSb Ll U � cr (J", aLiQ11h1S 7- .I.�,F).r�i. 0= CC W 0 m w cc 83G �'i�' DR wt 0 w� ¢ Ha U3-LHV 7Q ryfiSTAid cc NC71Xt 7 RIOG uj 'N 1 NEIAVH r cc aH11 N r Q an } ' m ¢ NIIlSn i 0 ' -LO 'A3380 ai cr w w i SSaluiivnQi SFt Quad W r Qua uu w 0< a Aa�V I 2 '"Vb LAKF\Ae8"8 I LOZ 15d 41934C)Bd I CERTIFIED MAIL I I # ----I Ljl1 REPLY REFE R �-[:; E RETURN RECEIPT RE 'D Case No.: T D HA The Honorable Oscar Trevino, Jr., P,E. Com-naunityNo.: Mayor, City of North Richland Hills Effective Date of 7301 Northeast I-cop 820 This Revision: North Richland Hills, TX 76180 Dear Mayor Trevino: T[ - 10 06,1411P City of -North Richland Hills, TX 480607 April 14,,2010 The Flood Insurance Rate Map for your community has been revised by this Letter of Map Revision (LOMB). Please use the enclosed annotated neap panel revised by this LOMR for floodplain management purposes arid for all flood itlKirancc policies and renewals iSSUed, in your cornmunity. Additional documents are enclosed that provide inform ation regarding this LOMR. Please see the List of Enclosures below to determine which dockiments, are included. Other attachments specific to this request may be included as referenced in the Determination Document, If you have any questions regarding floodplain management regulations for your community or the National Flood Insurance Program (NFIP) in general. please contact the Consultation Coordination Officer for your community. If you have any technical questions regarding this LOMB„ please contact the Director, Mitigation Division, of the Department of Homeland Security's Federal ErnergencyManag0 ement Agency (FEMA) in Denton,'I'X, at (940) 898-5127, or the FEMA Map Information eXchange (FMIX) toll free at I- 877- 336.2627 (1-877-FEMA MAP). Additional information about the NFIP is available on our Web site at http:YYwww.fenia.gc)v/busitiess/iifip. Sincerely, Z� Michael J. McGinn, Program Specialist Engineering Management Branch 0 Mitigation Directorate List of Enclosures: Letter of Map Revision Determinaticin Document Annotated Flood Insurance Rate Map cc: MF.- Caroline Wn"Coner PE., CFM Civil Engineer Public Works City otNortb Richland Hills My. Kevin B. Miller, P.E. Associate, Civil Engineer Baird, Hampton & Brown, Inc, For: Kevin C, Long, Acting Chief Engineering Mana-Qinent Branch Z' Mitigation Directorate 80Z 15 dl 19il 11?d Page f of 4 Issue Gate. April 14, 2010 Ell ect "1ve Date: April 14, 2010 Case No.: 110-06-1411 P LOMR,APP Federal Emergency Management Agency Washington, D.C. 20472 UTTER OF MAP REVISION DETERMINATION DOCUMENT a COMMUNITY AND REVISION INFORMATION PROJECT DESCRIPTION BASF OF REQUEST City of North Richland Hilts NO PROJECT UPDATE Tarrant County Texas Cr COMMUNITY CL to rp COMMUNITY NO.: 480607 ITI r-+ IDENTIFIER Thornbndge Fast, Phase 3 APPROXIMATE LATITUDE AND LONGITUDE- 32.693, - 97.191 SOURCE; Precision Mapping Streets DATUM. NAD 63 ANNOTATED MAPPING ENCLOSURES ANNOTATED STUDY ENCLOSURES TYPE: FIRM" NO.: 4643900090 K BATE: September 25, 2009 NO, REVISION TO THE FLOOD INSURANCE STUDY FRE1'ORT Ens losnres, reflect changes to Ro din sources al..�� g affected by this revision, " FIRM Flood Insurance Rate Map 0 co FLOODING SOURCE(S) AND REVISED REACH(ES) fit LB4 Tributary - from approximately 300 Feet upstrearn of the confluencew1h Little Bear Greek to approximately 3;480 feet upstrear of the confluence with Little bear Creek. '0 Liifle Rear Creek - from the confluence with LB4 Tributary to approximately 1,840 feet upstream of the confluence with LB4 Tnbutary,. N ;a SUMMARY OF REVISIONS s This Letter of Map Revision (LOMB) is a reissuance of the [0—MR (Case No. 00-06.2372P) that became effective on March 31, 2009, and remised the Special Hood Hazard Area (SFHA)„ the area that would be inundated by the base (I- percent - annual chance) flood along Little Bear Creek and LB4 Tributary. This LOMR reissues 0 the March 31, 2009, LOMR for incorporation into the new ef1'ecfive FARM for Tarraint County, Texas, and Incorporated Areas dated September 25, 2009. This LOMP does not revise SFHA boundaries from the March 31, 20091, LOMB along the rewised reaches of Little Bear Creek and L84 Tributary. Please note that duo to a mapping error the flooding for L84 Diversion Channel) shown on the March 31, 2009,1LOMR is revised and superseded by the September 25, 2009 effective FIRM. twu This flooding source is now shown as an unnamed tributary to Little Bear Creek.. ,.... - -. ..._._.— ...._....... 0 Z DETERMINATION W I-' is document provides the determination from the Department of Homeland Security's Federal Emergency Management Agency (FEMA) regarding a request for a Letter of Map Revision (LOMB) for the area described above. Using the information submitted, we have determined that a revision to the flood hazards depicted in the Flood Insurance Study (FIS) report and /or National Flood Insurance Program (NFIP) map is warranted. This document revises the effective NFIP map, as Indicated in the attached documentation. Please use the enclosed annotated map panels revised by this LOMR for ffoodplain management purposes and for ail flood insurance policies and renewals in your community, This determination is based on the flood data presently available. The enclosed documents provide additional infornmlion regarding this determination. If you have any questions about this document„ please contact the FEMA Map information eXchangr (FMIX) Center toll free at 1- 377 -336 -2627 (1 817 FEMA MAP) or by letter addressed to the LOMC Clearinghouse, 6730 Santa Barbara Court, Elkridge, MI] 29075. Additional information about the NFIP Is available on our Web site at http:i/www.fema.govibujslness/nfip, . Michael J. McGinn, Program Spemallist Engineering Management Branch Mitigation Directorate 10-06-141 IP 102 I C �"Iwu�1 1 60Z 15d 119 -1 id I Page 2 of 4 1 Issue Date: April 14, 2010 � Effective Date. April 14, 2010 � Case No.: 10-06.14111 P I LOMR-APP COMMUNITY INFORMATION APPLICABLE NFIP RVGULATIONSICOMMUNFUY OBLIGATION We have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (IPJ,, 93-234) and in accordance with the National flood Insurance Act of 1968, as arnerided (Title XTIT of the Housing and Urban, Development Act of 1968, P.L. 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt and enforce floodplam management regulation% that meet or exceed N141P criteria. These criteria, including adoption of the I'qS report. and FIRM, and the modifications trade by this LOMR, are the minimum requirements for continued NFIP participation and do not supersede more stringent S(ate/Coinnionwealth or local requirements to which the regulations apply. I IKM R We based this determination on the hale flood discharges computed in the FIS for your community for Little Bear Creek. Thu base flood discharges computed in the submitted hydrologic inodel in LOMR Case Number 08-06-2372P were used for LB4 Tributary. The discharges were used without considering subsequent changes in watershed characteristics that could increase flood discharges,. [Muturc development of projects upstream could cause increased flood discharges, which could cause increased flood hazards. A comprelicrisive restudy of your community's flood hazards would consider the cumulative effects of development on flood discharges subsequent to the publication of the FIS report for your community and could, therefore, establish greater flood hazards, in this area. Your community must regulate all proposed floodplain development and ensure that any permits required by Federal or State/Coninionwealth law have been obtained. State/Comn-ionwealth. or coininuniLy officials. based on knowledge of local conditions and in the interest of safety, may set higher standards for construction or may limit development in floodplain areas. If your State/Comirrionwealth or community has adopted more restrictive or comprehensive floodplain management criteria, those: criteria take precedence over the minimum NFIP requirements. We will not print and distribute this LOMB to primary users, such as local insurance agents or mortgage lenders; instead, the community will serve as a repository for the new data. We encourage you to disseminate the information in this LOMR by preparing a news release for publication in your community's newspaper that describes the revision and explains how your community will provide the data and help interpret the NFIP maps. In that way, interested persons, such as property owners, insurance agents, and mortgage lenders, can benefit from the information. This revision has met our criteria for removing an area from the I-percent-annual-chance floodplain to reflect the placernent of fill. However, we encourage you to require that the lowest adjacent grade and lowest floor (including basement) of any structure placed within the subject area be elevated to) or above the Base (1-percent-annual-chance) Flood Elevation, This determination is based on the flood dlata presently available. The enclosed documents provide additional Wormation regarding this determination. If you have any questions about this document, please cortacl the FEMA Map Information eXchange (FMIX) toll free at 1-877-336-2627 (1-877,FEMA MAP) or by Metter addressed to the LCMC Clearinghouse, 6730 Sqn1i Barbara Court, Elkridge, MD 21075. Additional information about the NFIP Is available an our Website at hHp`liwww-fema.govibiusinessinfip. Michael J. McGinn, Program Specialist Engineering Management Branch Mitigation Directorate 10- 06- 1411P 1024-C J'C'o I O&Z 15d 419-431112d I Page 3 of 4 1 Issue Date. April 14, 2010 1 Effective Date: April 14, 2010 � Case No.- I M6-1141 1 P I LOMB -APP We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison between your community acrd FFMA. For information regarding your CCO, please contact: Mr. Frank Pagano Director, Mitigation Division Federal 114mergency Management Agency, Region V1 Federal Regional Center, Roorn 206 800 North Loop 288 Denton, TX 76209 (940) 898-5127 STATUS OF THE COMMUNITY NFIP MAPS We will not physically revise and republish the FIRM for your community to reflect the modifications, made by this LOMR at this time. When changes to the previously cited FIRM panel warrant physical revision and republication in the future, we will incorporate the modifications made by this LOMR at that time. This determination is bmwd on the flood data presently available. The enclosed documents provide additional information regarding this determination. It you have any quesilons, about this document, please contact the FEMA Map Information eXchanige (FMIIX) toll free at 11.877-336-2627 (1 -877-FEMA MAP) or by letter addressed to Ihe LOMC ClearinghOlUse, 6730 Santa Barbara Court, Ei1kridge, MO 21075- Additional information about the NFIP is avatable on our Web site at htipl/www.femia.gov/business/nfip. Michael J. McGinn, Program Spe6allsf Engineering Management Branch Mitigation Directorate 10-06-1411 P 102-1-C FE'D I 4162 '15c!419-43111?d I Page 4 of 4 1 Issue Date. April 14, 2010, 1 Effective Date: April 14, 2010 1 Case No.. 10-06-1411 P I LOMR-APP COMMUNITY INFORMATION (CONTINUED) This revision is effective as of the date of this letter. Any requests to review or after this determination should be trade within 30 days and must be based on scientific or technical data. This delerminaaan is basod on; the flood data presently available. The endiosed documents, provide additional information regarding fts determination. If you have any questions about this document, please contact Ihe FEIVIA Map [nformalbn eXchange (FIVIN toil free all 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the LOMC' Clearinghouse, 6730 Santa Barbara Court, Elkrdge, MID 21075, Additional Information about the NP:IP is available an our Web site it htlp 1iWWWL 18 M a. gGv,1b usin oss/n lip- SeAl I Al- Michael J. McGinn, Program Speclaiist Engineering Management Branch Mitigation Directorate 10- p6 -1411P 102-1-C FE'D I UZ l5d 1119-4312d I inu, 'mu CD 0. e CD M'= to P4 2 0 cp w uj N al 7� 0 -< j� �l =z C� 0 Z g IL w fa 0 M L) 0 < 4 ca fJ CL- '. LL -a U- 4 V III UJI U) 0 1 � M -c' 0 co 0 .11 Lu C' m 4T —j LU I's 5 LL cz U-1 ILI a 0 -j � 0 lu z 94 ol 1, C" 'po Uj U 17-4 U) LO E -J w UJ 0 U- LL CL momm 3z nc C> z Uj W III U- 0 loll XW LL .................. . .. . . ............. . . ........ .... . .......... 0 MA'A 9 Uw R a:& ill ww ill fi W ONIN oil -al I- WR cn uj z 3 1 A I IMI TNnH 0 ZLL' AAW 0 > N • a� ®r! 0 M LU "M e w g �-j rf 0 ry io Lr Fl 11111111 Uttle Bear Creek Exhibit A (1' % Chance / 100 -yr) Shaded X (0.2 % Chance / 500 -yr) Stream Centerline PaeN rt Fig. 213 47� I . .... . If IY 10, . .. . ... . .. J�, LC .... . ..... Af A', 9 .... . .. .. . . . ell Ve:, rq « � x "W NOK'I`H KICHLAND HILLS 10101IJ ilk L' L' [all l ii i Nk - L' From: The Office of the City Manager Subject: Conduct a Public (Hearing on the 2014/20115 Proposed Budget and the 2011812014 (Revised Budget. Presenter: Mark Millls, (Director of Budget & Research Summary. The City Council is requested to open a public hearing and receive public comment on the 2011412015 Proposed Budget and the 20118/2014 (Revised Budget. No action is required at this hearing/, as this hearing is held for the purpose of receiving i public comment. General (Description The City Council held a budget work session on Friday, August 8, 20114 to review the 20118 -20114 (Revised Budget and the 2014 -20115 (Proposed Budget. At this work sessiion, Council reviewed the budgets for all operating/ funds, capital project funds, and the budgets for the Crime Control and Prevention District and the Park and Recreation Facilities Development. Corporation. Subsequent to the work session, the recommended modifications have been incorporated into the 2414 -2415 Proposed Budget. The 2014 -2415 (Proposed Budget is based on a tax rate of 6110 per $1100 valuation. This is the same tax rate adopted for fiscal year 2013-20114. The 20118 -20114 Revised ,annual Operating Budget and 20114 -2015 Proposed Operating Budget for all funds are as follows: Fund 201 3 -2014 Revised 2014-2015 Proposed General Fund $43,177,136 $43,685,891 Debt Service (Fund $11,102,261 $11,095,008 Tax Increment (Financing Fund $0 $3,190,,418 Park & Rec (Facilities Development Fund $7,987,659 $x8,022,142 Grime Control District Fund $4,589,380 $14,867,167 Promotional Fund $208,997 $216,,401 Donations Fund $607,686 $170,174 Special Investigations (Fund $675,565 $2.95,500 Drainage Utility Fund $659,237 $600,838 Gas Development Fund $4,026,390 $0 Traffic Safety Fund $985,272 $886,830 Utility Fund $30,720,065 $31,279,714 Packet Fig. 2111fi I UDL "W NOKTH KICHLAND WLLS Aquatic Park Fund $4,489,487 $4,668,,899 Golf Course Fund $2,327,673 $2,395,,337 �Facilities /Construction (Mgt. Fund "1 $2,664,154 $2,809,,117 Fleet Services Fund t']) $3,726,809 $3,828,,466 Information Services Fund"" $3,093,730 %3,061,149 Self Insurance Fund t") i $11,,012,508 $10,995,,233] Each of these funds are Internal Service Funds. They receive revenue in the form of allocations from the other operating funds, which are used to cover the majority of expenses within each Internal Service Fund. While necessary to appropriate the funds in the manner above, it should be noted that the majority of expenses funded within each Internal Service Fund are also reflected as expenditures/expenses (the allocation) within the contributing funds. In addition, resources such as interest income, other income and fund balance are also used to offset any expenses in excess of these allocations. The Proposed Capital Improvements Budget totals $42,699,1173. The breakdown between project categorises is as folio ws- Category 2014-2015 Proposed Street & Sidewalk Capital Projects $10,684,762 Drainage Capital (Projects $800,000 Utility Capital Projects $2,287,000 �Parks & Recreation Capital Projects $800,300 Aquatic Park Capital (Projects $500,000 Facility Capital IPirojects $22,509,4 Major Capital Equipment Projects $4,733,000 Other Capital Projects $384,624 In addition, over the course of Fiscal Year 2013-2014, several projects were revnsecl. Staff will be requesting a formal amendment to the 2013-2014 Capital Projects Budget to include the changes summahzed below. Detailed revision forms have been included in the attachment to this agenda )item. Projects with a change of $0 were the result of funds being reallocated within that project, wrath no additional funding required. Adopted Revised ProjectTitle Thru 2013-2014 Thru 2013-2014 Change 2013-2014 Street & Sidewalk Proiects City Point Drive $4,249,470 ($49,470) $4,,200,000 Davis/Mid-Cities Blvd Intersection 3,625,000 0 3,,625,000 I Packet Pg. 217 "W Meadowlakes [drive Street Improve. 9 45,000 45,000 North Tarrant Median Improvements 550,000 7,500 557,500 Rufe Snow Dr. Street & Utility Ilm . 13,727,000 9 18,727,990 Total $22,151,470 $8,930 $22,154,500 Drainage Projects 48,600 (6,000) 42,600 Concrete Lined Channel Rehab. $200,000 $9 $209,000 Total $200,000 $0 $200,000 Utility Projects Johnson Puimp Station Infrastructure $275,000 $0 $275,000 Total $0 $0 $0 Parks & Recreation Projections Annual Tree Planting Project $35,000 ($4,986) $30,014 fRH (Recreation Center (TIIF 2) 25,015,000 5,155 25,020,155 Trail Signage and Ildentiificatiion 55,000 (2,514) 52,486 Total $25,105,000 ($2,345) $25,102,655 Aquatic bark Projects 48,600 (6,000) 42,600 None Submitted $0 $0 $0 Total $0 $0 $0 Facility Projects Building (Envelopment and Roofing $91,500 $6,000 $97,500 Building Demolition 60,000 9,000 69,000 City (Hall 48,000,000 0 48,000,000 fRH Animal Adoption & (Rescue Ctr. 8,418,859 986,150 4,,400,000 Overhead Door Replacement 48,600 (6,000) 42,600 Total $51,613,950 $995,150 $52,609,100 Ma or Capital ,Equipment Projects 2013 . Dump Truck Replacement $105,000 $0 $105,000 Total $105,000 $0 $105,000 ,Economic Development P"roiects Strategic Land Acquisition $0 $8,226,240 $8,226,240 TIIF 1 IExpansion- Intr. (limp./ DtJI. Burial 3,000,000 0 3,000,000 Total $8,000,000 $8,226,240 $6,226,240 Other Capital Projects ATMOS IResidential (Energy IEff. Prog. $856,859 $0 $356,859 Total $856,859 $0 $356,859 Packet Fig. 21 'B I UDL "W NOKTH KICHLAND WLLS The notice of public heahngi was published lin the Star T&Iegrarn, newspaper in accordance wrath State law and the City Charter. The public hearing for the Annual Budget was advertised to be held August 25, 2014 during the regular 7-00 p.m. City Council meeting. The proposed budget document was filled with the City Secretary and was also placed at the North, Rich[and HiEls Public Library for easy public access. The document was also made available online at the City website, www.nrhtx.com. It wffl be presented for adoption at the City Council meeting on Mlonday, September 22, 2014. At the August 8, 2.014 budget work session, the Crime Control District (CCD) Board reviewed the proposed 20114-2015 Crime Control and Prevention District Budget. The CCD Board is scheduled to conduct a public hearing on Monday, August 25, 2014 at 6.30 p.m. in the City Council Chambers. A Parks & Recreation Facilities IDevellopment. Corporation Board meeting is also scheduled for Monday, August 25, 2014. During this meeting the Board wffl conduct a public hearing on the Park & Recreation Facilities Development Corporation budgets, begilinning at 6-115 p.m. This meeting will also be held lin the City Council Chambers. Mark Mills, Budget & Research, Director,, will provide an overview and hJghfights of the 20113-20114 Revised Budget and the 20114-2015 Proposed Budget. Recommendation. Open a IPubllic Hearing, IRecelive Comments on the 2014/20115 Proposed and 201312014 Revised Budgiets, and Close the Public Hearing. I Packet Pg. 219 ATTACHMENT A A-1 I Packet Pg. FISCAL YEAR 2014-20115 SCHEDULE 1 SUMMARY OF REVENUES AND EXPENDITURES GENERALFUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 REVENUES Taxes $28,006,473 $28,315,208 $29,340,679 $29,261,936 $28,730,683 Fines & Forfeitures 2,421,696 2,424,064 2,601,090 11,991,1180 2,229,005 Licenses & Permits 11,734,744 11,952,8611 11,811,300 11,860,508 11,898,484 Charges for Service 3,083,393 3,519,825 3,485,750 3,384,632 3,642,389 Intergovernmental 3,502,686 4,173,9811 4,364,1014 4,391,834 4,485,985 Miscellaneous 817,476 742,1156 747,6112 741,0118 2,683,835 SUB-TOTAL $39,566,468 $411,128,094 $42,350,535 $411,631,1108 $43,670,391 APPROPRIATION FROM FUND BALANCE Legal Settlement & Litigation $0 $0 $0 $94,000 $0 Court Technology Fund 19,235 0 0 413,838 0 Court Security Fund 0 58,860 0 0 0 Utility Assistance Program 20,000 6,3811 20,000 15,000 10,000 PEG Fees 0 0 0 650,000 5,500 Record Preservation Fee 0 0 0 60,688 0 Previous Year Encumbrances 469,2811 387,534 0 279,902 0 General Fund Reserves 0 0 0 82,800 0 SUB-TOTAL APPROPRIATIONS $508,5116 $452,775 $20,000 $11,596,228 $15,500 TOTAL REVENUES $40,074,984 $411,580,869 $42,370,535 $43,227,336 $43,685,8911 EXPENDITURES City Council $86,254 $102,795 $125,462 $122,639 $127,943 City Manager 507,879 526,000 544,522 476,943 605,11711 Communications 320,1176 322,447 349,4112 348,697 352,637 City Secretary 423,057 422,820 464,11119 501,4014 474,31111 Legal 272,0611 318,493 338,753 294,1120 303,928 Human Resources 108,382 129,946 118,1165 118,1165 124,029 Finance 717,774 695,709 658,1178 655,5110 675,320 Budget & Research 335,4011 365,626 399,859 402,456 411,875 Municipal Court 11,236,770 11,285,723 11,348,390 11,353,648 11,377,246 Planning and Inspections 887,793 909,060 998,454 998,276 11,026,913 Economic Development 278,11811 303,544 316,942 294,983 322,689 Library 11,897,4117 11,961,9611 2,054,332 2,051,416 2,073,313 Neighborhood Services 11,538,950 11,540,309 11,655,862 1,666,49,0 1,737,3117 Public Works 3,347,723 3,397,672 3,745,1142 3,763,147 4,157,89,6 Parks & Recreation 11,891,486 11,993,755 2,063,728 2,027,366 2,061,5110 Police 1111,138,443 112,098,984 112,418,255 112,280,950 12,540,705 Emergency Management 737,3411 915,788 820,544 944,930 928,502 Fire 9,807,633 9,989,287 110,531,623 10,560,777 10,714,679 Building Services 673,270 678,270 705,4011 705,401 737,070 Non- Departmental 2,542,129 2,238,435 2,226,781 2,082,208 2,313,009 SUB-TOTAL DEPARTMENTS $38,748,120 $40,196,625 $41,883,924 $41,649,526 $43,066,063 RESERVES & OTHER EXPENDITURES Reserves $244,0014 $219,468 $410,729 $222,000 $543,0140 Transfers Out 55,900 97,1100 75,882 11,211,610 76,788 Legal Settlement 7,750 12,500 0 94,000 0 'SUB-TOTAL RESERVES AND OTHER $307,654 $329,068 $486,61111 $11,527,6110 $619,828 TOTAL EXPENDITURES $39,055,774 $40,525,693 $42,370,535 $43,177,1136 $43,685,891 BALANCE $11,019,2110 $11,055,1176 $0 $50,200 $0 A-1 I Packet Pg. ATTACHMENT A A-2 I Packet Pg. 2 , I FISCAL YEAR 2014-20115 SCHEDULE 2 - SUMMARY OF REVENUES GENERALFUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 TAXES Current Property Taxes $113,847,667 $113,984,586 $114,746,1188 $114,367,742 $113,820,1165 Delinquent Property Taxes 85,1105 100,046 100,000 105,000 110,000 Penalty and Interest 121,349 127,4611 130,000 143,000 134,000 Franchise Fees 4,195,756 4,095,542 4,025,040 4,214,632 4,146,720 Utility Fund Franchise Taxes 816,609 847,359 892,4511 894,1196 912,607 Sales Taxes 8,482,679 8,686,7113 8,957,844 9,028,210 9,096,914 Mixed Beverages 101,724 117,223 105,000 125,000 127,500 Payment in Lieu of Taxes 355,585 356,279 384,15B 384,15B 382,777 SUB-TOUTAL $28,006,473 $28,315,208 $29,340,679 $29,261,73-6- $28,730,683 FINES AND FORFEITURES Municipal Court Fines $2,116,255 $2,107,9011 $2,272,590 $11,734,930 $1,948,755 Library Fines 71,962 70,606 68,500 61,000 65,000 Warrant & Arrest Fees 233,480 245,556 260,000 195,250 215,250 SUB-TOUTAL $2,421,696 $2,424,064 $2,601,090 $11,991,1180 $2,229,005 LICENSES AND PERMITS Building Permits $766,824 $894,624 $800,000 $761,000 $775,000 Electrical Permits 5B4O05 69,384 65,000 70,000 70,000 Plumbing Permits 132,11611 119,725 110,000 117,000 117,000 Mechanical Permits 72,335 77,426 80,000 83,000 86,000 Gas Drilling Permits 53,500 130,000 82,500 124,432 60,000 Miscellaneous Permits 86,924 98,925 82,000 92,776 163,484 Apartment Inspection Fees 89,368 92,795 92,000 95,000 96,000 Curb & Drainage IInsp. Fees 54,005 49,883 30,000 50,000 42,000 Re-Inspection Fees 1,938 3,507 2,000 9,400 4,000 License Fees 19,525 17,270 18,000 21,000 18,000 Contractor Registration Fees 80,485 78,545 75,000 80,000 80,000 P1 an IRevi ew/Appli cation Fee 35,973 32,222 22,000 34,000 30,000 Animal License /Adoption Fees 51,11211 47,282 51,000 47,000 58,000 Animal Control Impoundment 38,236 28,775 40,000 25,000 35,000 Crematorium Revenues 2,324 1,748 1,800 900 0 Auto Impoundment Fees 17,488 10,8014 12,000 10,000 11,000 Food Service Permits 133,0118 133,752 135,000 135,000 133,000 Food Managers School 26,429 25,732 25,000 25,000 24,000 Fire Inspection/Alarm Fees 17,085 40,464 88,000 80,000 96,000 Publicity Fees - Recreation 0 0 0 0 0 SUB-TOTAL $11,734,744 $11,952,8611 $11,811,300 $11,860,508 $11,898,484 CHARGES FOR SERVICE Park Facility Rental $7,922 $7,623 $9,800 $10,1100 $10,025 Recreation Center Rental 11211 0 0 0 0 Ambulance Fees 2,469,953 2,876,634 2,859,530 2,733,500 2,995,924 Garbage Billing 344,473 371,867 368,280 368,400 374,7110 Contributions 10,000 10,000 10,000 10,000 10,000 Recreation Fees 8,560 660 0 265 0 Cultural Arts 2,850 0 0 0 0 Athletic Revenue 86,888 88,234 94,1140 101,1168 92,075 Recreation Special Events 15,748 15,203 13,000 3,349 13,000 Planning & Zoning Fees 33,572 48,234 35,000 52,000 45,000 Sale of Accident Reports 8,2114 9,990 8,000 9,0117 10,727 Vital Statistics 62,895 5B,645 55,000 55,000 55,000 Mowing 26,1160 28,11911 28,000 36,000 30,000 Fire Dept Certification /CPR Citizen Class 6,038 6,3119 5,000 5,500 5,928 Miscellaneous 0 225 0 333 0 SUB-TOTAL $3,083,393 $3,519,825 $3,485,750 $3,384,632 $3,642,389 A-2 I Packet Pg. 2 , I ATTACHMENT A A-3 I Packet Pg. E2 ] FISCAL YEAR 2014-20115 SCHEDULE 2 - SUMMARY OF REVENUES GENERALFUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 INTERGOVERNMENTAL Indirect Costs General CIIP $188,11114 $0 $0 $0 $0 Utility Fund 11,805,692 11,895,976 11,990,776 11,990,776 2,090,315 Park & Rac Facilities Dev. Corp. 350,1126 367,635 386,0117 386,0117 405,3118 Aquatic Park Fund 130,560 137,088 143,942 143,942 151,139 Consolidation Reimbursements 11,028,1194 11,773,282 11,843,369 11,871,099 11,839,223 SUB-TOTAL $3,502,686 $4,173,9811 $4,364,11014 $4,391,834 $4,485,995 MISCELLANEOUS Interest Income $6,052 $23,076 $44,271 $54,481 $55,000 Radio Reimbursement 276,694 284,2112 289,325 247,9,66 289,325 Sale of City Property 1,592 0 15,000 15,000 15,000 Grant Proceecls-CIDBG 39,297 17,1194 20,000 20,000 20,000 Overtime Reimbursements 51,866 0 5,000 0 0 Teen Court Reimbursement 9,020 20,400 19,064 20,400 20,400 Tax Attorney Fees 36,775 50,296 45,000 45,000 45,000 Other IIncorme 123,054 107,8112 70,250 107,989 91,350 SRO, Reimbursement (BISID) 125,366 82,875 83,942 82,422 0 Golf Course Loan Repayment 147,760 147,760 147,760 147,760 147,760 Special Event Donation 0 8,532 8,000 0 0 Designated Funds for City Hall Project Debt 0 0- 0 0 2,000,000 SUB-TOTAL $817,476 $742,1156 $747,6112 $741,0118 $2,683,835 APPROPRIATION - FUND BALANCE Legal Settlement & Litigation $0 $0 $0 $94,000 $0 Court Technology Funds 19,235 0 0 413,838 0 Court Security Funds 0 58,860 0 0 0 Utility Assistance Program 20,000 6,3811 20,000 15,000 10,000 PEG Fees 0 0 0 650,000 5,500 Record Preservations Fee 0 0 0 60,688 0 Previous Year Encumbrances 469,2811 387,534 0 279,902 0 General Fund Reserves 0 0 0 82,800 0 SUB-TOTAL $508,5116 $452,775 $20,000 $11,596,228 $15,500 TOTAL REVENUES $40,074,984 $411,580,869 $42,370,535 $43,227,336 $43,685,8911 A-3 I Packet Pg. E2 ] ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 3 - SUMMARY OF EXPENDITURES 1tie -4 I Packet Pg. 3 ] GENERALFUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 City Council $86,254 $102,795 $125,462 $122,639 $127,943 City Manager $507,879 $526,000 $544,522 $476,943 $605,11711 Communications Public Information $211,863 $210,4110 $225,1164 $224,449 $224,275 Citicable 108,3113 112,037 124,248 124,24➢ 128,362 Total Communications $320,1176 $322,447 $349,4112 $348,697 $352,637 City Secretary City Secretary $277,732 $264,577 $299,255 $278,780 $306,057 Record Management 145,325 158,243 164,864 222,624 168,254 Total City Secretary $423,057 $422,820 $464,11119 $501,4014 $474,31111 Legal $272,0611 $318,493 $338,753 $294,120 $303,928 Human Resources $108,382 $129,946 $118,165 $118,165 $124,029 Finance Accounting & Administration $518,11411 $513,596 $452,346 $450,500 $464,566 Purchasing 19D,633 182,11112 205,832 205,0110 210,754 Total Finance $717,774 $695,709 $658,1178 $655,5110 $675,320 Budget & Research Budget $87,0119 $117,585 $145,876 $145,946 $146,044 Tax 203,077 211,853 230,340 232,850 243,0148 Internal Audit 45,305 36,1188 23,643 23,660 22,783 Total Budget & Research $335,4011 $365,626 $399,859 $402,456 $411,875 Municipal Court Administration I Prosecution $377,935 $413,588 $400,579 $416,0116 $406,7511 Court Records 407,523 414,6501 455,112 449,512 461,689 Warrants 371,436 379,272 397,893 393,3114 403,332 Teen Court 79,876 78,208 94,806 94,806 105,474 Total Municipal Court $11,236,770 $11,285,723 $11,348,390 $11,353,648 $1,377,246 Planning and Development Administration $136,480 $92,1124 $92,688 $92,688 $94,538 Inspectors 605,1175 665,1130 740,234 740,056 767,380 Planning 146,1138 151,806 165,532 165,532 164,995 Total Planning and Development $887,793 $909,060 $998,454 $998,276 $11,026,9113 Economic Development $278,11811 $303,544 $316,942 $294,983 $322,689 Library General Services $232,5115 $190,4311 $223,800 $223,800 $223,1189 Public Services 843,495 915,365 935,753 932,480 978,189 Technical Services 821,407 8501,1165 894,779 895,1136 871,935 Total Library $11,897,4117 $11,961,9611 $2,054,332 $2,051,4116 $2,073,313 1tie -4 I Packet Pg. 3 ] Neighborhood Services Neighborhood Resources Humane (Division Consumer Health Code Compliance Total Neighborhood Services Public Works General Services Traffic Control Street & (Drainage Total Public Works Parks & Recreation General Services Parks Maintenance Recreation Services Athletic Programs Services Senior Adult Services Youth Outreach & Cultural Total Parks & Recreation Police General Services Administrative Services Criminal II n ve stig a tions Uniform Patrol Technical Services Detention Services Property Evidence Communications Total Police Emergency Management Fire (Department General Services {operations Emergency Medical Fire Inspections Total Fire Building Services Non (Departmental SUB- TOTAIL DEPARTMENTS �.4.a ATTA('HMFNT A FISCAL YEAR 2014 -20115 SCHEDULE 3 - SUMMARY OF EXPENDITURES GE'NERALF'UND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET r-Y 9fi11w), r-Y 9fi19m-,i, r-Y qn1 1114 r-Y qn1 1114 r-Y gn1d1119 $291,422 $298,353 $313,538 $314,553 $319,535 651,2311 646,325 687,4119 687,330 696,286 269,558 256,3114 293,557 296,437 305,371 327,1144 339,3116 361,348 366,1174 416,1125 $11,,536,954 $11,,540,309 $11,655,862 $11,666;494 $11,737,3117 $1132,244 $136,1155 $2228,354 $2225,392 $347,11511 885,593 11,0Y23, 7411 11, 0Y67, 996 11,094,277 11,084,032 2,,329,894 2,237,775 2,448,792 2,4443;478 2,726,7113 $3,347,723 $3,397,672 $3,7445,1142 $3,763,1147 $4,157,896 $1162,973 $166,388 $172,884 $170,954 $179,757 830,944 929,832 936,1135 920,71111 914,7114 502,1103 487,1142 487,1142 487,1102 487,1102 911,954 1137,432 166,872 167,229 172,695 19D,969 235,9611 2501,527 235,767 258,866 103,588 37;444 50,208 445,643 48,380 $11,891;486 $11,993,755 $2,063,728 $2,027,366 $2,061,5110 $730,246 $796,945 $821,7511 $821,630 $970,393 6793115 642,8117 661,697 676,459 480,572 2,075,732 2,126,646 2,2224,423 2,217,395 2,,302,380 4,883,047 4,979,969 5,010,974 5,000,760 5,009,606 1001,3118 41,644 4 4 4 11,084,255 11,,335,644 11,350,866 11,,315,043 11,,381,9114 304,869 292,1188 325,694 319,548 348,557 11,280,662 11,883,2117 2,023,250 11,930,5115 2,047,283 $1111,138;443 $112,098,984 $112,418,255 $112,280,9501 $12,540,705 $737,3411 $915,788 $820,544 $944,930 $928,5012 $433;438 $328,11511 $354,488 $355,388 $373,885 7,889,268 7,935,2311 8,182,1154 8,186,824 8,247,593 983,688 11,130,000 11,408,1163 11,418,777 11,482,529 501,238 595,945 586,8118 599,792 610,672 $9,807,633 $9,989,287 $114,531,623 $110,,560,777 $114,714,679 $673,274 $678,274 $705,4011 $705,4011 $737,070 $2.542.129 $2.238.435 $2.226.7811 $2.082.208 $2.313.449 $38,748,1124 $44,196,625 $411,883,924 $411,649,526 $43,066,063 A -5 Packet Fig. E4 ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 3 - SUMMARY OF EXPENDITURES GENERALFUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET RESERVES & OTHER EXPENDITURES Reserve for Capital Improvements $95,3311 $50,000 $50,000 $50,000 $50,000 Transfer to Information Services $55,900 $69,883 $75,882 $78,810 $76,788 Legal Settlement $7,750 $12,500 $0 $94,000 $0 Reserve for Equipment Services Fund $0 $16,507 $0 $0 $21,0140 Reserve for PEG Fee $148,673 $152,9611 $150,0140 $168,000 $168,000 Reserve for Records Preservation Fee $0 $0 $0 $4,000 $4,000 Transfer to Grant Fund $0 $27,2117 $0 $0 $0 Transfer to Capital Projects $0 $0- $0 $1,132,800 $0 Reserve for Transportation Projects $0 $0 $210,689 $0 $200,000 Reserve for Neighborhood Revitalization Prograrn $0 $0 $0 $0 $100,000 SUB-TOTAIL RESERVES AND OTHER $307,654 $329,068 $486,61111 $11,527,610 $619,828 SUB-TOTAIL EXPENDITURES $39,055,774 $40,525,693 $42,370,535 $43,177,1136 $43,685,8911 TOTAL EXPENDITURES $39,055,774 $40,525,693 $42,370,535 $43,177,136 $43,685,8911 BALANCE $11,,019,2110 $11,,055,1176 $01 $50,2010, $01 A-6 I Packet Pg. ATTACHMENT A FISCAL YEAR 20114-2015 SCHEDULE 4 - SUMMARY OF PROPERTY'TAX REVENUE AND DISTRIBUTION NETTAXABLE VALUE: M&O, I&S, Total Appiralised Vallee as of Jully 25, 2014 $4,945,987,395 $4,945,987,395 Less Exemptions: Absolute Exemption (3119,636,418) (319,636,418) Cases Before ARB (63,838,640) (63,838,640) lincomplete, Accounts (25,674,794) (25,674,794) Disabled Veteran (119,717,780) (19,717,780) Over 65 (148,425,1511) (148,425,151) Homestead (360,202,333) (360,202,333) Disabled Persons (6,976,400) (6,976,400) Less: Prorated Absolute (190,666) (190,666) Agriculturall Value Loss (110,282,363) (10,282,363) Fireep,ort inventory Value Loss (491,627) (491,627) Pollution Cointrol/Piroirated Absolute (95,792) (95,792) Cornm HSE Dev 0 0 Norninall Value Acoluints (1,090,470). (11,090,470) Total Reduction to Values ($956,622,434) ($956,622,434) Add: Estimated Minimum ARB protested vallues 411,268,780 411,268,780 Incomplete Property 25,394,489 25,394,489 ESTIMATED (NET' TAXABLE VALUE JULY 25th T4,056,028,230 $4,056,028,230 ESTIMATED PROPERTY TAX COLLECTIONS: Estimated Net Taxable Value $4,056,028,230 $4,056,028,230 Less: TlF#1 Incremental Vallee (7,339,2111) (7,339,2111) Less: TlF#1A Incremental Value $0 $0 Less: TIF#2 Incremental Vallee (258,356,563) (258,356,563) Less: Tax Ceiling Taxable Values (382,733,973) (382,733,973) Net Taxable Values $3,407,598,483 $3,407,598,483 Proposed Tax Rate per $1100 Valuation $0.350580 $0.259420 Estimated Total Tax Levy at 100% Colllection $111,946,359 $8,840,000 Less IEstimaited for Uncollectalble (98.5%) (179,1195) Estimated Revenue from Property Tax $111,767,164 $8,840,000 Plius: Tax Ceiling Account Revenue 2,053,0011 ESTIMATED PROPERTY TAX IDIST'IRBUTION $13,820,165 $8,840,000 TOTAL ESTIMATED PROPERTY TAX COLLECTIONS $22,660,165 A-7 I Packet Pg. 6 ] ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 5 - SUMMARY OF REVENUES AND EXPENDITURES Proceeds ADOPTED REVISED PROPOSED Bond Issuance Program ACTUAL ACTUAL BUDGET BUDGET BUDGET Interest IIncorme FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 REVENUES 82,853 82,853 82,853 82,853 82,853 General Debt Service Taxes $5,274,542 $6,860,707 $7,074,2113 $7,074,2113 $8,840,000 TIIF #11 and #2 Taxes (1) 2,893,958 3,053,270 11,375,787 11,375,787 0 SUB-TOJTAL AD VALOREM TAXES $8,168,500 $9,913,977 $8,450,000 $8,450,000 $8,840,000 Transfer in From - $113,404,2112 $112,222,5112 $110,995,5110 $1111,102,2611 $1111,095,008 Drainage Utility $852,534 $774,2211 $581,4411 $581,4411 $565,838 Park & Rec. Facilities IDev. Corp 357,1130 364,343 356,2118 356,2118 341,536 Fleet Services Fund 397,790 370,094 393,1134 393,1134 447,714 Facilities Services Fund 20,206 20,752 25,409 25,409 24,670 Gas Development Fund 439,8811 439,843 212,053 212,053 0 SUB-TOJTAL TRANSFER IN $2,067,5411 $11,969,253 $11,568,255 $11,568,255 $11,379,758 Proceeds Bond Issuance Program $3,078,4113 $0 $0 $0 $137,324 Interest IIncorme 6,9,05 2,9711 5,000 6,9110 7,000 City of Watauga, CIIP Participation 82,853 82,853 82,853 82,853 82,853 Miscellaneous Revenues 0 195,4011 0 0 0 Appropriation of Fund Balance 0 58,058 889,402 994,243 648,073 SUB-TOJTAL OTHER $3,168,11711 $339,282 $977,255 $11,084,006 $875,250 TOTAL REVENUES $113,404,2112 $112,222,5112 $110,995,5110 $1111,102,2611 $1111,095,008 EXPENDITURES Existing Bonds & C-O.'s $6,724,766 $8,065,577 $9,170,670 $9,187,784 $110,854,508 Existing Loans 439,8811 549,205 212,053 316,69,0 0 T11 F #1 and #2 Funding 2,893,958 2,069,1147 11,375,787 11,375,787 0 Issuance Costs / Paying Agent Fees 217,487 148,208 237,000 222,000 240,500 Bond IDefeaseance I Refunding 3,082,1187 0 0 0 0 TOTAL EXPENDITURES $113,358,279 $110,832,1137 $110,995,5110 $1111,102,2611 $1111,095,008 BALANCE $45,934 $11,390,375 $0 $0 $0 Notes Beginning in Fiscal Year 2011412015, TIF activity will be reported on Schedule 7 - Tax Increment Financing Fund A-8 I Packet Pg. 7 ] ATTACHMENT A FISCAL YEAR 2014-2015 SCHEDULE 6 - SUMMARY OF TAX INCREMENT IFIINANICE (TIIF) DISTICT PROPERTY TAX REVENUE AND DISTRIBUTION NET TAXABLE VALUE: TAX INCREMENT IFIINANIC ING DISTRICT #1 Taxable Value (20114 Tax Year) 8,492,1140 Less lBase Taxable Value (11 9D8 Tax Year) 11,152,929 Taxable Value Increment (2014 Tax Year) Gain I (Loss): 7,339,21111 TAX INCREMENT IFIINANIC ING DISTRICT #1A $258,352,915 Taxable Value (20114 Tax Year) 72,282,0141 Less lBase Taxable Value (2008 Tax Year) 83,513,5110 Taxable Value Increment (2014 Tax Year) Gain I (Loss): (111,281,469) TAX INCREMENT IFIINANIC ING DISTRICT #2 9850% Taxable Value (20114 Tax Year) 2911,033,892 Less lBase Taxable Value (11 9D8 Tax Year) 40,020,1188 Taxable Value Increment (2014 Tax Year) Gain I (Loss): 2511,013,704 ESTIMATED TAX INCREMENT FINANCING DISTRICT PROPERTY TAX REVENUE Current Taxable Value Increment- TIF District #1 $7,339,2111 Add Current Taxable Value Increment- TIF District #11A $0 Add Current Taxable Value Increment- TIF District #2 $2511,013,704 Current Taxable Value Increment- All Districts 258,352,915 Net Current Taxable Value Increment (All Tax TIF Districts) $258,352,915 Proposed Tax Rate (Tax Year 2014) Per $100 of Valuation $0611 Total Estimated TIF District Property Tax Revenue $11,575,953 Total Estimated TIF District Property Tax Revenue $11,575,953 Estimated Collection Rate 9850% TOTAL ESTIMATED TAX INCREMENT FINANCING DISTRICT PROPERTY TAX REVENUE"" $11,552,3114 Notes 0) The information presented on this schedule represents the contribution of the City of North Richland Hills to the Tax Increment Financing Districts in which it participates. This schedule does not reflect the contribution of other entities. A-9 I Packet Pg. Ea I ATTA('HMFNT A FISCAL YEAR 20114-20115 SCHEDULE 7 - SUMMARY OF REVENUES AND EXPENDITURES TAX INCREMENT FINANCING FUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 TAX INCREMENT FINANCING DISTRICT #1 $0 $0 $0 $0 $11,508,216 REVENUES $0 $0 $0 $0 $498,953 Tax Increment IFilnianicing District #11 Taxes $0 $0 $0 $0 $498,953 City of North Richland Hills $0 $0 $0 $0 $44,098 Tarrant County Hospital District 0 0 0 0 16,726 Tarrant County College District 0 0 0 0 10,972 Tarrant County 0 0 0 0 19,376 Birciville ISD 0 0 0 0 105,3118 Sub-Total $0 $0 $7, $0 $196,490 Other IFundiinig Sources $0 $0 $0 $0 $11,508,216 Appropriation of Fund Balance $0 $0 $0 $0 $498,953 Sub-Total $0 $0 $0 $0 $498,953 TOTAL REVENUES $0 $0 $0 $0 $695,443 EXPENDITURES & TRANSFERS $0 $0 $0 $0 $3,70,083 TIF #1 Debt Service $0 $0 $0 $0 $695,443 Sub-Total 0 0 0 0 695,443 TOTAL EXPENDITURES $0 $0. $0 $0 $695,443 BALANCE $0 $0 $0 $0 $0 TAX INCREMENT FINANCING DISTRICT #2 REVENUES Tax Increment Financing District #1 Taxes City of North Richland Hills $0 $0 $0 $0 $11,508,216 Tarrant County Hospital District 0 0 0 0 622,447 Tarrant County College District 0 0 0 0 408,366 Tarrant County 0 0 0 0 721,054 Sub-Total $0 $0 $0 $0 $3,70,083 TOTAL REVENUES $0 $0 $0 $0 $3,260,083 EXPENDITURES & TRANSFERS TIF #2 Debt Service $0 $0 $0 $0 $2,494,975 Sub-Total $0 $0 $0 $0 $2,494,975 TOTAL EXPENDITURES $0 $0. $0 $0 $2,494,975 BALANCE $0 $0 $0 $0 $765,1108 Note- Tax Increment Financing District information was previously reflected as part of Schedule 5 - General Debt Service Fund A-10 I Packet Pg. 229 REVENUES Sales Tax Interest Income Youth Assn- Maintenance Fees Tennis Center Revenue Transfer in from Aquatic Park Fund Park Impact Fees Insurance Other IIncome Recreation Revenue Prior to 412012 SUB-TOTAL NIRH CENTRE Memberships / Drop-in Passes Fitness Recreation / Sports Grand Hall Rental Catering & Event Fees Aquatic Prograrns Pool Rental Gyrn Rental Concessiongs I Merchandise Special Events Other General Fund SUB-TOTAL APPROPRIATION OF FUND BALANCE Appropriation - Fund Balance SUB-TOTAL TOTAL REVENUES ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 8 - SUMMARY OF REVENUES AND EXPENDITURES I W-0 NINE 11, 111101 :1:(@] Z11-A I I@] Z 11111,1141 IN 111 IWJ llkl:iyi:llllel Q ,11:111, IN 911111, 11 If ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET ry 2f111119' Fy 2f112111 FY 2flI IIIA FY 2flI 311A FY 2flIA1116 $4,241,3411 $4,343,358 $4,478,922 $4,513,458 $4,547,8011 21,574 5,379 11,379 7,522 7,700 50,697 56,037 50,250 63,000 54,500 382,248 364,603 369,382 377,2811 386,850 68,11411 71,548 75,1125 75,1125 77,379 214,746 110,7611 50,000 51,908 25,000 25,000 5,11911 0 0 0 734,6611 2,545 1,500 1,500 1,500 160,072 0 0 0 0 $5,898,478 $4,959,422 $5,036,558 $5,089,794 $5,100,730 $930,4911 $11,308,667 $11,386,9,00 $11,386,900 $11,386,900 172,768 338,2511 320,890 365,000 368,000 134,7711 263,439 262,340 246,963 259,6110 23,083 129,542 160,000 160,000 165,000 3,975 13,368 40,000 17,000 17,000 49,2118 81,560 70,000 180,000 180,600 0 5,646 3,500 3,500 5,400 245 5,9110 3,1100 3,100 3,100 13,8114 29,580 19,000 25,000 25,000 1120 10,542 10,000 10,000 10,000 43,0118 108,326 82,500 13,300 13,700 487,1102 487,1102 487,1102 487,102 487,102 $11,858,606 $2,781,933 $2,845,332 $2,897,865 $2,921,412 0 0 0 0 0 �w to to to to $7,757,084 $7,741,355 $7,881,89,0 $7,987,659 $8,022,142 1 A -11 I Packet Pg. 23 0, EXPENDITURES OPERATING Park Facilities Development Admin. Parks & Public Grounds Tennis Center Operations Recreation Exp Prior to 412012 SUB - TOTAL NIRH CE'N'TRE Center Management Fitness Building Operations Aquatic Recreation Sports Event Center Building Services SUB - TOTAL OTHER & RE'SERVE'S Debt Service - Revenue Ponds Debt Services - CO's Indirect Costs Non-Departmental Reserve for Capital Reserve for Economic Development Reserve for NRH Centre SUB - TOTAL 1':f -AW 1Z 0+7=1 �.4.a ATTA('HMFNT A FISCAL YEAR 2014 -20115 SCHEDULE 8 - SUMMARY OF REVENUES AND EXPENDITURE'S IIL] Ca. T�l�liwl ➢��]7��tiI�E� ➢�I��INI�III� 'fir ➢�'1���11:➢i�il��l���ll�liw ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET F'Y 9f111119, F'Y 9f112113 FY 9f11311d FY 9f11311d FY 9f11d1116 $655,569 $680,4711 $708,299 $708,369 $709,2311 11,763,569 11,701,3118 11,949,935 11,949,1149 2,.006,358 591,306 573,1145 614,742 615,572 628,662 393,1108 0 0 0 0 $3,.403,552 $2,954,934 $3,272,936 $3,.273,090 $3,,344,2511 $346,674 $609,060 $648,918 $652,1186 $676,2811 544,597 294,4118 329,8117 329,8117 344,1197 78,449 1168,21111 192,1168 192,346 200,096 237,044 481,3011 515,377 515,734 525,536 153,760 279,238 336,788 336,788 342,678 85,6118 154,9'01 256,206 236,563 250,1108 304,075 430,050 331,300 331,300 320,000 $11,750,2116 $2,417,1180 $2,610,574 $2,594,644 $2,658,007 $11,109,573 $0 $0 $0 $0 357,1130 364,343 356,2118 356,2118 341,536 350,1126 367,635 386,0117 386,0117 405,3118 31,4211 47,309 24,11110 36,826 37,383 647,979 11,1 15,423 885,304 924,807 858,592 107,088 109,778 111,973 112,836 113,653 0 364,754 234,758 303,2211 262,5012 $2,603,3117 $2,,369,2411 $11,998,380 $2,119,925 $2,018,984 $7,757,084 $7,741,355 $7,881,890 $7,987,659 $8,022,1142 T,n kn kn kn kn A -112. Packet Pg. 231' ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 9 - SUMMARY OF REVENUES AND EXPENDITURES IN :183111111"kWIN :11411 EXPENDITURES ADOPTED REVISED PROPOSED Administration ACTUAL ACTUAL BUDGET BUDGET BUDGET Administrative Services FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 REVENUES 343,1196 436,689 456,397 456,754 471,49,6 Sales Tax $4,250,067 $4,329,737 $4,478,922 $4,505,995 $4,547,8011 Franchise Tax 73,473 71,037 81,250 81,250 81,000 Interest Income 1,592 2,334 5,973 2,135 2,200 SRO Reirnibursement (IBIISID) 0 0 0 0 174,244 Appropriation of Fund 1Balance 0 15,000 0 0 61,922 SUB-TOTAL $4,325,1132 $4,418,1107 $4,566,1145 $4,589,380 $4,867,1167 EXPENDITURES Administration $64,549 $0 $0 $0 $0 Administrative Services 59,6,384 513,320 594,594 606,859 747,467 Investigations 343,1196 436,689 456,397 456,754 471,49,6 Uniform Patrol 2,403,368 2,570,542 2,709,095 2,707,71111 2,844,326 Technical Services 360,9511 506,1183 503,820 503,998 521,810 Detention Services 50,924 0 0 0 0 Property Evidence 95,327 106,703 104,744 104,922 147,338 Communications 29,568 0 0 0 0 SUB-TOTAL $3,944,267 $4,133,437 $4,368,650 $4,380,244 $4,732,437 OTHER & RESERVES Partner Agency Funding 20,058 38,249 51,505 51,505 57,205 Other 59,297 62,1120 76,6014 76,6014 77,525 Reserves 0 184,302 69,386 81,027 0 SUB-TOTAL $79,355 $284,6711 $197,495 $209,136 $134,730 TOTAL EXPENDITURES $4,023,623 $4,418,1107 $4,566,1145 $4,589,380 $4,867,167 BALANCE $301,509 $0 $0 $0 $0 A-13 I Packet Pg. 232 REVENUES Occupancey Tax Proceeds Penalities & Interest Interest Income SUB-TOTAL EXPENDITURES Economic Development Cultural & Leisure Non-Departmental SUB-TOJTAL ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 110 - SUMMARY OF REVENUES AND EXPENDITURES ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 $210,1189 $221,003 $210,000 $205,000 $215,000 1135 0 0 0 0 1,495 745 1,1175 4,356 1,400 $211,8119 $221,748 $211,1175 $209,356 $216,400 $211,8119 $221,748 $211,1175 $209,356 $216,400 $141,600 $101,203 $110,497 $113,497 $112,19,6 0 82,420 100,424 95,246 103,989 1154 250 254 254 2115 $141,754 $183,873 $211,1175 $208,997 $216,400 $141,754 $183,873 $211,1175 $208,997 $216,400 $70,064 $37,875 $0 $359 $0 A-14 I Packet Pg. 233 ATTA('HMFNT A FISCAL YEAR 20114-20115 SCHEDULE 1111 - SUMMARY OF REVENUES AND EXPENDITURES I "Q81 Z FA IN 101 k, &1111 Z I " A-15 I Packet Pg. 234 ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 REVENUES Contributions NRH Water 1 $84,452 $67,000 $69,204 $55,428 $57,737 SUB-TOTAL $84,452 $67,000 $69,2014 $55,428 $57,737 Donations SpayllNeLiter $17,326 $8,852 $15,000 $10,984 $15,000 Shelter Fund 5,7211 5,9511 5,600 46,1150 46,500 Duncan 15,000 15,000 15,000 15,000 15,000 Santa Cops 4,740 4,6511 4,000 4,394 4,000 SUB-TOTAL $42,787 $34,455 $39,600 $76,528 $80,500 Proceeds Library Book Sale $7,6118 $9,245 $10,500 $10,500 $8,500 SUB-TOTAL $7,6118 $9,245 $10,500 $10,500 $8,500 Other Interest Income $2,3014 $1,4811 $3,4211 $2,4117 $2,500 Other IIncorne 36,764 28,1174 38,900 48,575 46,200 Appropriation of Fund 1Balance Library 0 0 0 0 38,365 Neighborhood Services 0 0 0 452,000 0 Parks & Recreations 0 0 0 0 43,700 Police 0 0 0 0 3,600 SUB-TOTAL $39,068 $29,654 $42,3211 $502,992 $130,765 TOTAL REVENUES $173,925 $140,354 $161,625 $645,448 $281,1102 EXPENDITURES Library- I Collection $58,208 $16,270 $58,865 $58,865 $58,865 Neighborhood Services Animal Services 21,749 21,899 25,3110 25,3110 25,310 IKeep NRH Beautiful 10,203 11,994 14,999 14,999 14,988 Municipal Court -Teen Court 3,000 2,500 1,000 4,250 1,000 Parks - Special Events and Arts 13,860 2,498 26,000 33,396 60,000 Police Department 8,539 9,668 14,1140 18,866 10,000 Transfer to Capital Projects 0 0 0 452,000 0 TOTAL EXPENDITURES $115,558 $64,830 $140,3114 $607,686 $170,174 BALANCE $58,367 $75,524 $21,311 $37,762 $110,928 A-15 I Packet Pg. 234 ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 112 - SUMMARY OF REVENUES AND EXPENDITURES SPECIAL INVESTIGATIONS FUND A-16 I Packet Pg. 235 ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 REVENUES Forefeited Funds $138,604 $323,285 $136,000 $136,000 $135,250 AFIS Reimbursements 10,000 12,920 10,800 12,900 13,500 911 Telecom 82,048 118,903 65,000 178,675 116,000 Interest Income 1,016 79,0 1,674 2,067 2,100 Appropriation of Fund 1Balance 0 252,285 249,595 345,923 28,650 TOTAL REVENUES $231,669 $708,1184 $463,069 $675,565 $295,500 EXPENDITURES Federal Forefeited Funds $110,3114 $145,0112 $240,000 $160,000 $110,000 State Forfeitured Funds 21,7114 31,111111 57,000 36,000 55,000 Local Forfeited Funds 2,900 6,382 3,000 3,000 1,000 AFIS Maintenance & Equipment 12,9118 12,532 98,069 23,069 13,500 911 Telecom 82,0149 118,903 65,000 0 0 Lease Contributions 0 1,1184 0 0 0 Reserve for City Hall Project: 01111 Telecom 0 0 0 54,8110 55,000 Public Safety Answering Point (PSAP) 0 0 0 123,686 61,000 Automated Fingerprint Identification Sys. (AFIS) 0 0 0 75,000 0 Reserves 0 0 0 200,000 0 TOTAL EXPENDITURES $229,894 $315,1123 $463,069 $675,565 $295,500 BALANCE $1,775 $393,060 $0 $0 $0 A-16 I Packet Pg. 235 REVENUES Drainage Fees Interest IInco me Appropriation of Fund lBalance SUB,-TOTAIL TOTAL REVENUES EXPENDITURES Debt Service Other Expenditures TOTAL EXPENDITURES BALANCE ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 113 - SUMMARY OF REVENUES AND EXPENDITURES ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 $842,440 $852,856 $849,000 $858,000 $860,000 3,538 1,6113 3,855 3,825 3,900 7,747 0 0 0 0 $853,725 $854,469 $852,855 $861,825 $863,9,00 $853,725 $854,469 $852,855 $861,825 $863,900 $852,534 $774,2211 $581,4411 $581,4411 $565,838 1,11911 1,947 77,796 77,796 35,000 $853,725 $776,1168 $659,237 $659,237 $600,838 $0 $78,302 $193,6118 $202,588 $263,062 A-17 I Packet Pg. 236 REVENUES BONUSES General Fund Purposes SUB-TOTAIL ROYALITIESIOVERRIDES General Fund Purposes Park Development Purposes Economic Development Purposes SUB,-TO,TAIL OTHER Right of Way Usage Fees Interest IIncorme SUB,-TO,TAIL APPROPRIATION OF RESERVES General Fund Purposes SUB,-TO,TAIL TOTAL REVENUES EXPENDITURES OPERATING Transfer to (Debt Service Transfer to Capital Projects Other Miscellaneous TOTAL EXPENDITURES BALANCE ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 114 - SUMMARY OF REVENUES AND EXPENDITURES ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 $0 $0 $0 $107,3311 $o $0 $0 $0 $107,3311 $o $688,869 $920,757 $655,650 $11,057,376 $11,080,000 50,1122 0 0 0 0 16,490 0 0 0 0 $755,4811 $920,757 $655,650 $11,057,376 $11,080,000 $597,594 $2,1160 $0 $0 $0 10,987 0 19,6112 35,858 16,300 $608,5811 $2,1160 $19,6112 $35,858 $16,300 $439,8811 $439,8811 $212,053 $4,026,390 $o $439,8811 $439,8811 $212,053 $4,026,390 $0 $11,803,943 $11,362,798 $887,3115 $5,226,955 $11,096,300 1 $439,8811 $439,843 $212,053 $212,053 $0 296,902 94,1128 0 3,814,337 0 0 3,755 0 0 0 $736,783 $537,726 $212,053 6,39,0 $0 $11,067,1160 $825,072 $675,262 $11,200,565 $11,096,300 1 A-18 I Packet Pg. 237 ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 115 - SUMMARY OF REVENUES AND EXPENDITURES I I ZT-1199 [WIT-119:111 wd;111 k, I W, TOTAL EXPENDITURES $886,349 $894,309 $869,852 $985,272 $886,830 BALANCE $0 $32,464 $25,1135 $35,593 $53,245 A-19 I Packet Pg. 238 ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 REVENUES Gross Fine Revenues $778,393 $923,282 $894,000 $894,000 $939,175 Interest IIncorme 608 3,4911 987 1,865 900 Appropriation of Fund Balance 107,348 0 0 125,000 0 TOTAL REVENUES $886,349 $926,773 $894,987 $11,020,865 $940,075 EXPENDITURES Contractor Payments $611,537 $571,358 $612,000 $612,000 $612,000 Prograrn Administration 247,9711 153,879 193,234 186,984 188,9,06 Payment to State $26,655 $94,4611 $44,338 $47,508 $70,700 Traffic Enforcement $0 $0 $0,500 $25,000 $0 Pedestrian Safety 1186 14,61111 13,780 13,780 15,224 Transfer to Fleet Services Fund 0 60,000 0 0 0 Transfer to Capital Projects 0 0 0 100,000 0 SUB-TOTAL OTHER EXPENDITURES $886,349 $894,309 $869,852 $985,272 $886,830 TOTAL EXPENDITURES $886,349 $894,309 $869,852 $985,272 $886,830 BALANCE $0 $32,464 $25,1135 $35,593 $53,245 A-19 I Packet Pg. 238 ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 116 - SUMMARY OF REVENUES AND EXPENDITURES 11111111111111rdAIRK A-20 I Packet Pg. 23 9 I ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 REVENUES WATER SALES AND CHARGES Water Sales $118,555,7113 $119,656,674 $119,769,7114 $119,863,744 $20,099,458 Water Taps 35,0110 44,660 41,5211 20,000 34,4112 Water Inspection Fees 26,397 12,444 16,000 16,000 11,000 Water Wells 22,992 12,534 0 0 0 SUB-TOTAL $118,640,11112 $119,726,3112 $119,827,235 $119,899,744 $20,144,870 SEWER SALES AND CHARGES Sewer Sales $9,023,294 $9,803,41111 $9,917,647 $9,942,774 $110,320,773 Sewer Taps 9,250 12,250 13,1100 8,500 9,683 Sewer Inspection Fees 14,1108 9,307 10,000 13,500 9,000 SUB-TOTAL $9,046,652 $9,824,968 $9,940,747 $9,964,774 $110,339,456 MISCELLANEOUS Interest Income $32,623 $68,660 $89,237 $52,678 $52,700 Service Charges 102,5011 102,630 95,700 106,600 102,300 Late Charges 489,1162 482,333 497,000 491,000 484,359 Miscellaneous 42,744 17,6117 16,550 42,290 18,000 Joint Use Reimbursement - Watauga 80,660 138,8311 96,580 96,580 108,8117 Subdivision Meter Revenue 30,750 36,335 35,000 18,822 29,212 Proceeds from Issuance of (Debt 0 0 0 0 0 SUB-TOTAL $778,4411 $846,407 $830,067 $807,970 $795,388 APPROPRIATION OF FUND BALANCE Prior Year Encumbrances $0 $0 $0 $47,577 $0 SUB-TOTAL $0 $0 $0 $47,577 $0 TOTAL REVENUES $28,465,205 $30,397,687 $30,598,049 $30,720,065 $31,279,714 A-20 I Packet Pg. 23 9 I ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 116 - SUMMARY OF REVENUES AND EXPENDITURES UTILITY FUND A-21 IPacket Pg. ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 EXPENDITURES OPERATING Administration $266,5711 $274,698 $281,707 $281,457 $307,720 Development 791,530 784,500 834,065 841,290 856,769 Right of Way Maintenance 127,593 146,594 150,000 150,000 200,000 SUB-TOTAL $11,185,694 $11,205,792 $11,265,772 $11,272,747 $11,364,489 WATER SERVICES Water Operations $3,723,887 $3,932,239 $4,490,1169 $4,517,595 $4,652,964 Purchase of Water FTW 4,300,497 3,760,11119 5,211,664 5,211,664 5,018,705 Purchase of Water TRA 3,621,797 4,507,960 4,975,000 4,975,000 5,000,000 SUB-TOTAL $1111,646,11811 $112,200,3118 $114,676,833 $114,704,259 $14,671,669 SEWER SERVICES Sewer Operations $11,161,434 $11,190,306 $11,305,5311 $11,335,952 $1,386,320 Sewer Treatment FTW 11,328,282 11,358,282 11,524,700 11,524,700 11,420,242 Sewer Treatment TRA 2,706,307 3,357,1188 3,231,000 3,231,000 3,572,7711 SUB-TOTAL $5,196,022 $5,905,776 $6,061,2311 $6,091,652 $6,379,333 FINANCE1UTILITY COLLECTIONS Meter Reading $447,328 $428,983 $463,8117 $470,589 $471,501 Utility Billing / Customer Service 754,3211 798,650 836,580 829,808 843,335 Utility Collection Services 272,477 271,0118 282,569 282,391 288,922 Accounting Services 261,393 269,066 359,1133 382,41111 395,312 Budget & Research 184,543 190,8811 207,904 207,991 209,292 SUB-TOTAL $11,920,0611 $11,958,599 $2,150,003 $2,173,190 $2,208,362 Building Services $1,436,074 $11,436,074 $11,493,5117 $11,493,5117 $1,598,063 Non Departmental $192,178 $272,297 $443,086 $339,086 $342,323 SUB-TOTAL DEPARTMENTS $211,576,21111 $22,978,856 $26,090,442 $26,074,451 $26,564,239 OTHER & RESERVES Debt Service $608,2611 $11,007,954 $11,017,055 $11,014,140 $1,091,530 Franchise Fees 816,609 847,359 890,6211 894,1196 912,607 Indirect Costs 11,805,692 11,895,976 11,990,775 11,990,775 2,090,3115 Payment in Lieu of Taxes 355,585 356,279 384,1156 384,1156 382,777 Transfer from Utility CIP Reserve to Information Services Fund 175,000 175,000 175,000 175,000 175,000 Contribution to Equipment Services 50,000 50,000 50,000 50,000 50,000 Reserve for Capital 3,077,847 3,086,262 0 137,347 13,246 SUB-TOTAL $6,888,994 $7,418,830 $4,507,607 $4,675,614 $4,715,475 TOTAL EXPENDITURES $28,465,205 $30,397,687 $30,598,049 $30,720,065 $31,279,714 BALANCE $0 $0 $0 $0 $0 A-21 IPacket Pg. ATTENDANCE REVENUES OPERATING Admissions Food and Beverage Merchandise Rentals Programs Aquatic Classes / Special Events SUB-TOTAL OTHER REVENUES Interest Income Other IIncome SUB-TOTAL SUB-TOTAL REVENUES APPROPRIATION OF FUND BALANCE Appropriation of Fund Balance SUB-TOTAL TOTAL REVENUES EXPENDITURES nP r- PAT I MCI General Services & Utilities Public Grounds I Aquatics I Maint- Business & Office Administration Gift Shop / Concessions Sales / Special Events/ Admissions SUB-TOTAL OTHER & RESERVES Debt Service Indirect Costs Transfer Out - PARID Reserve For- Infrastructure & Major Repairs Non-Departmental SUB-TOTAL TOTAL EXPENDITURES BALANCE ATTACHMENT A FISCAL YEAR 20,14-20115 SCHEDULE 117 - SUMMARY OF REVENUES AND EXPENDITURES AQUATIC PARK FUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2011112 FY 2012113 F Y 2013114 F Y 2013114 FY 20141115 272,322 242,5014 265,000 241,000 255,000 $3,532,245 $3,278,623 $3,644,4117 $3,090,598 $3,442,500 671,052 779,507 780,554 800,843 897,600 159,859 127,0147 159,850 122,734 147,9,00 151,442 154,566 165,497 143,708 156,099 2,8110 0 20,246 0 0 11,7311 0 0 0 0 $4,529,1139 $4,339,742 $4,770,564 $4,157,883 $4,644,099 $7,242 $3,506 $19,948 $7,593 $7,600 11,103,4113 28,2014 16,300 17,200 $11,110,656 $31,7110 $36,248 $24,793 $ $5,639,795 $4,371,452 $4,806,8112 $4,182,676 $4,668,899 1 $158,3115 $214,785 $0 $306,81111 $o $158,3115 $214,785 $0 $306,81111 $o $5,798,11110 $4,586,237 $4,806,8112 $4,489,487 $4,668,899 1 $787,1198 $755,1156 $861,3110 $806,090 $887,078 11,311,0140 11,151,3116 11,216,926 11,103,270 11,224,468 514,872 522,527 567,71111 567,71111 573,3211 606,456 602,371 544,540 566,776 569,660 319,643 262,807 267,6112 269,1166 272,2112 $3,539,2110 $3,294,1177 $3,458,099 $3,313,0113 $3,526,739 $2,009,3118 $11,050,492 $915,922 $915,922 $771,316 130,560 137,088 143,942 143,942 151,139 68,11411 71,548 75,1125 75,1125 77,379 0 0 173,1132 0 102,0511 50,882 32,932 40,592 41,485 40,275 $2,258,900 $11,292,060 $11,348,7113 $11,176,474 $11,142,160 $5,798,11110 $4,586,237 $4,806,8112 $4,489,487 $4,668,899 I $0 $0 $0 $0 $0 1 A-22 I Packet Pg. 2471 ] �.4.a ATTAi;HMFNT A FISCAL. YEAR 2013 -20114 SCHEDULE 18 - SUMMARY OF REVENUES AND EXPENDITURES GOLF COURSE FUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 201111112 FY 2012113 FY 20131114 IFY 2013114 FY 20114115 ROUNDS 503,524 48,299 511,3003 44,864 49,5115 REVENUES Green Fees Pro Shop Driving Range Carts Feed & Beverage General & Administrative Other Revenue Appropriation of Fund Balance SUB - TOTAL COST OF GOODS SOLD Pro Shop Feed & 16everage TOTAL COST OF GOOD'S SOLD NET REVENUES EXPENDITURES OPERA'TIING Pro Shop Pro Shop: Cast of Goods Sold Driving Range Golf Carts Course Maintenance Feed & 1Beverage Feed & 16everage: Cost of Goods Sold Sales & Membership General & Administrative Clubhouse Management Fees Capital SUB - TOTAL OTHER & RESERVES Debt Service Payment to Interdepartmental (Loans Water Fund General Fund Reserve for Egjupment /CllP SUB - TOTAL I IQ r- 1 a1111IIiu11:1*1 1110AW -0, €614 $1,059783 $919,499 $1,432,572 $875,.418 $957,5118 363,7811 415,859 365,068 389,.365 375,856 83,5611 76,078 82,00303 75,249 80,544 338,754 398,6511 436,748 377,476 3811,436 577,427 609,922 573,668 608,450 588,427 192,466 4,442 0 738 4 3112,257 38,3114 6,1123 977 11,444 4 216,1144 0 0 0 $2,927,624 $2,678,8611 $2,496,1180 $2,327,673 $2,395,337 $1123,366 $141,078 $0 $0 $4 1177,465 191,113 0 0 4 $3003,830 $332,11911 $13 $0 $4 $2,626,794 $2,,346,669 $2,496,1180 $2,327,673 $2,395,337 $170,766 $150,752 $1165,5411 $1157,383 $1165,7118 4 0 1133,824 142,209 1143,1144 6,774 10,361 114,50303 9,905 113,444 1192,9411 232,628 232,0113 2119,,535 2311,999 806,773 548,1172 6411,655 583,705 6031,544 232,353 255,793 235,377 236,.831 2503,21111 4 0 1195,8113 189,263 11911,434 47,495 52,454 47,075 54,909 503,5411 216,81111 228,983 239,762 233,713 239 7711 110,206 112,920 11115, 883 116,289 11115,883 1103,478 147,874 1124, 5032 11014,066 119,535 257,334 99,329 0 0 0 $2,1144,494 $11,839,267 $2,1145,945 $2,1347,808 $2,1122,692 $109,9117 $126,724 $1123,088 $119,812 $119,500 4 4 37,232 0 4 1147,764 147,764 1147,7603 1147,760 1147,764 4 232,9118 82,1152 112,293 5,385 $257,677 $507,402 $394,232 $279,865 $272,645 $2,401,767 $2,,346,669 $2,496,1180 $2,327,673 $2,395,337 $225,427 $4 $0 $0 $4 A -23 Packet Fig. 2�2' REVENUE'S CHARGES IFOR SERVICE Transfer From:. General Fund Park Development Fund Utility Fund SUB -TOTAL OTHER REVENUES Interst IIncome Rent From Rental Properties Other Income Transfer frorn General Fund SUB -TOTAL 6I111s]aWILINZ11 :1k,L K APPROPRIATION OF FUND BALANCE Building Services Fund Reserves SUB -TOTAL TOAL RE'VENUE'S EXPENDITURES General Services Building Servcies Rental Property Pregrarn Transfer to Capital Budget SUB -TOTAL OTHER & RESERVES Debt Service Other Reserve for Rental Property SUB -TOTAL I IQ fit a11111 ill :1* -'3 4 %1w3k,L+0 �.4.a ATTA('HMFNT A FISCAL. YEAR 2014 -20115 SCHEDULE 19 - SUMMARY OF REVENUES AND EXPENDITURES FACILITIES I CONSTRUCTION I MANAGEMENT (FUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 7n 1111112 FY 2f112113 FY 2f11 3111d IFY Wn1311d FY 7n11d115 $673,274 $678,274 $745,4011 $705,401 $737,474 30Y4,075 430Y,0501 3311,30101 331,30Y0Y 3 01,444 11,436,474 1,436,0174 1,493,.517 1,493,517 11, 508,463 $2,413,4119 $2,.544,394 $2,530,2118 $2,5301,218 $2,655,1133 $2,249 $23,427 $7,1103 $5,690 $5,744 67,855 72,820 78,10101 78,000 78,000 26,4911 23,252 1111,0Y 19 13,019 13,500 201,3311 4 01 0 4 $116,926 $119,544 $96,.122 $96,709 $87,244 $2,530,345 $2,.663,894 $2,626,340 $2,626,927 $2,752,333 $4 $0 $40,000 $40,000 $56,784 $4 $4 $44,00101 $40,000 $56,784 S2 5301 3415 S7' 663 ',3014 %2 666 340 12 666 927 S2 80 9 11117 $245,753 $254,699 $332,.559 $332,346 $322,247 11,776,696 1,809,0179 2,090,092 2,0171,619 2,077,11211 47,778 49,858 56,81101 56,910 56,9114 109,700 322,099 1127,4201 127,420 294,444 $2,1179,927 $2,435,736 $2,646,981 $2,588,295 $2,7501,278 $20,206 $20,752 $25,409 $25,409 $24,674 13,224 11,25'8 112,8601 29,,360Y 13,479 20,077 22,961 211,090 21,090 21,494 $501,547 $54,971 $59,359 $75,859 $58,839 $2,230,433 $2,490,707 $2,666,340 $2,664,154 $2,80911117 $29D,9112 $173,187 $0 $2,773 $4 A -24 Packet Fig. 3 ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 20 - SUMMARY OF REVENUES AND EXPENDITURES FLEET SERVICES FUND OTHER REVENUES ADOPTED REVISED PROPOSED Interst IIncorme ACTUAL ACTUAL BUDGET BUDGET BUDGET Sale of City Property FY 2 0 11 1111 2 FY 2012113 FY 20131114 IFY 2013114 FY 20114115 REVENUES 33,984 38,183 112,000 39,874 12,000 CHARGES IFOR SERVICE 0 16,507 0 0 21,0140 Transfer From 0 60,000 0 0 0 General Fund $935,388 $11,000,864 $1,082,422 $1,082,422 $11,19,0,1157 Utility Fund 11,429,626 1,529,700 1,636,780 1,636,780 11,751,354 Utility C11P I Utility Construction 209,743 224,425 240,135 240,135 256,945 Crime Control District 123,825 1132,493 11411,768 141,768 151,692 Park & Recreation Dev. Fund 104,5811 111,902 11119,735 11119,735 128,11117 Other Funds 42,11811 45,1134 48,293 48,293 35,8511 SUB-TOTAL $2,845,344 $3,044,5118 $3,269,133 $3,269,133 $3,514,11116 OTHER REVENUES Interst IIncorme $5,1150 $5,494 $115,543 $6,887 $6,900 Sale of City Property 40,7811 11,528 20,000 20,000 20,000 Other Income 33,984 38,183 112,000 39,874 12,000 Transfer frorn General Fund 0 16,507 0 0 21,0140 Transfer frorn Traffic Safety Fund 0 60,000 0 0 0 Transfer frorn Utility Fund 50,000 50,000 50,000 50,000 50,000 SUB-TOTAL $129,915 $181,7113 $97,543 $11116,761 $109,940 SUB-TOTAL REVENUES $2,975,259 $3,226,2311 $3,366,676 $3,385,894 $3,624,056 APPROPRIATION OF FUND BALANCE Equipment Services Fund Reserves $284,232 $208,7117 $258,779 $3117,717 $204,4110 Appropriation - PY Encumbrances 12,355 0 0 411,946 0 SUB-TOTAL $29,6,587 $208,7117 $258,779 $359,663 $204,4110 TOAL REVENUES $3,271,846 $3,434,948 $3,625,455 $3,745,557 $3,828,466 EXPENDITURES General Services $331,648 $339,706 $346,996 $346,639 $350,9311 Equipment Services Operations 1,644,0146 11,651,3511 1,71111,9,61 1,7112,765 1,735,876 Fire Fleet Maintenance 215,098 240,653 343,400 343,066 279,972 Equipment Purchases 673,381 403,570 336,420 336,420 342,9115 Fire Vehicles I Equipment 0 26,534 11110,386 1182,296 60,437 Police Vehicles I Equipment 0 392,1195 320,730 349,704 548,11115 SUB-TOTAL $2,864,1174 $3,054,008 $3,1169,893 $3,270,890 $3,318,246 OTHER & RESERVES Debt Service $397,790 $370,094 $393,134 $393,134 $447,7114 Other 9,882 10,845 112,428 112,785 12,506 Equipment Services Reserve 0 0 50,000 50,000 50,000 SUB-TOTAL $407,672 $380,939 $455,562 $455,919 $510,220 TOTAL EXPENDITURES $3,271,846 $3,434,947 $3,625,455 $3,726,809 $3,828,466 BALANCE $0 $0 $0 $118,748 $0 A-25 I Packet Pg. 2474 ] ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 21 - SUMMARY OF REVENUES AND EXPENDITURES INFORMATION SERVICES FUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 9n 1111112 FY 2f112113 FY 2f11 3111d IFY W1,1311A FY 9n 1A11 1; REVENUES TELECOM M U NICATIONS Transfer From General Fund $268,61111 $280,455 $288,487 $288,487 $294,255 Park Fund 29,254 30,716 311,594 31,594 32,227 Crime Control District 21,069 25,346 26,071 26,071 26,592 Utility Fund 72,1157 75,765 77,933 77,933 79,490 Other Funds 47,892 50,287 511,727 511,727 52,763 SUB-T41TAL $438,983 $462,569 $475,812 $475,812 $485,327 COMPUTERS Transfer From General Fund $840,443 $890,266 $9114,506 $9114,506 $932,796 Park Fund 92,925 97,571 1100,363 100,363 102,370 Crime Control District 138,3211 1163,066 1167,732 167,732 171,086 Utility Fund 605,002 635,253 653,435 653,435 666,505 Other Funds 253,357 267,9711 275,641 275,641 281,1155 SUB-TOTAL $1,930,0148 $2,054,1127 $2,111111,677 $2,111,677 $2,153,9112 OTHER REVENUES Interst IInco me $3,679 $2,320 $110,726 $6,605 $6,700 Transmitter Lease 145,969 133,455 11112,492 145,000 145,0112 Other Income 19,509 23,020 114,000 21,623 18,4110 Transfer from General Fund 55,900 69,883 75,882 78,810 76,788 Transfer frorn Utility Fund 175,000 1175,000 1175,000 175,000 175,000 SUB-TOTAL $400,058 $403,678 $388,100 $427,038 $421,9110 SUB-TOTAL REVENUES $2,769,089 $2,920,374 $2,975,589 $3,014,527 $3,061,1149 APPROPRIATION OF FUND BALANCE Appropriation of Information Systems Reserves $0 $0 $0 $79,203 $0 SUB-TOTAL $0 $0 $0 $79,203 $0 TOAL REVENUES $2,769,089 $2,920,374 $2,975,589 $3,093,730 $3,061,1149 EXPENDITURES General Services $228,5011 $232,080 $242,555 $240,998 $247,632 Major Computer Systems 282,775 273,071 403,147 39D,250 321,634 Microcomputer Systems 533,1173 717,206 672,640 703,133 719,0911 Telecommunications 265,8014 288,084 340,776 340,776 343,260 Data (Network 572,693 592,2211 709,805 737,848 655,1183 GIS, System 139,858 146,190 1166,700 1164,022 186,096 Public Safety 386,930 394,918 408,583 497,855 468,209 SUB-TOTAL $2,409,734 $2,643,769 $2,944,206 $3,083,882 $2,941,1105 OTHER & RESERVES Other $6,307 $6,789 $8,238 $8,238 $8,6114 Reserve for System Improvements 0 0 23,145 1,610 111,430 SUB-TOTAL $6,307 $6,789 $311,383 $9,848 $120,0144 TOTAL EXPENDITURES $2,416,01411 $2,650,558 $2,975,589 $3,093,730 $3,061,1149 BALANCE $353,0148 $269,8116 $0 $0 $0 A-26 IPacket Pg. ATTA('HMFNT A FISCAL YEAR 2014-20115 SCHEDULE 22 - SUMMARY OF REVENUES AND EXPENDITURES SELF INSURANCE FUND EXPENDITURES ADOPTED REVISED PROPOSED HealthIMedical ACTUAL ACTUAL BUDGET BUDGET BUDGET Health Claim Offset (ERRP) Funds FY 2 0 11 1111 2 FY 2012113 FY 20131114 IFY 2013114 FY 20114115 REVENUES 690,8113 337,885 5311,480 531,480 591,4411 ALLOCATIONS 438,835 439,448 460,537 460,537 458,270 HealthIMedical $8,166,686 $8,389,9115 $8,739,545 $8,739,545 $9,131,504 Worker's Compensation 449,560 500,39,0 5311,480 531,480 591,4411 Administration Allocation 455,366 469,673 486,621 486,621 477,568 Other Insurance 451,2011 486,559 573,258 573,258 574,920 SUB-TOTAL $9,522,8113 $9,846,537 $10,330,9,04 $10,330,904 $110,775,433 OTHER REVENUES Interest IIncorme $11,365 $0 $34,285 $23,990 $24,000 Other Income 111,1105 104,9110 67,000 90,333 95,800 Expenditure Reimbursement 212,462 449,084 0 143,313 0 SUB-TOTAL $334,933 $553,994 $11011,287 $257,636 $119,800 SUB-TOTAL REVENUES $9,857,746 $110,400,5311 $10,432,189 $10,588,540 $110,895,233 APPROPRIATION OF FUND BALANCE Self Insurance Fund Reserves $0 $225,388 $1100,000 $423,968 $100,000 Health Claim Offset (ERRP Funds) 0 85,765 0 0 0 SUB-TOTAL $0 $311,1153 $1100,000 $423,968 $100,000 TOAL REVENUES $9,857,746 $110,711,684 $10,532,189 $11,0112,508 $110,985,233 EXPENDITURES HealthIMedical $7,450,1198 $8,895,807 $8,739,545 $9,2119,924 $9,154,738 Health Claim Offset (ERRP) Funds 0 85,765 0 0 0 Worker's Compensation 690,8113 337,885 5311,480 531,480 591,4411 Personnel Expenses 438,835 439,448 460,537 460,537 458,270 Other Insurance 39D,036 610,526 5115,234 515,234 479,920 Reserve for Insurance Claims 0 0 23,393 0 20,064 Other Expenses 88,1179 95,209 67,000 9,0,333 95,800 Life Insurance Premium 58,0611 61,280 95,000 95,000 95,000 SUB-TOTAL $9,125,1122 $10,525,919 $10,432,189 $10,912,508 $110,895,233 OTHER & RESERVES Transfer to Retiree Health Care Fund $100,000 $185,765 $1100,000 $1100,000 $100,000 SUB-TOTAL $100,000 $185,765 $1100,000 $1100,000 $100,000 TOTAL EXPENDITURES $9,225,1122 $110,711,684 $10,532,189 $11,0112,508 $110,985,233 BALANCE $632,624 $0 $0 $0 $0 A-27 I Packet Pg. E6 I Fiscal Year 2014/2015 Proposed CIP Budlget $4276997173 Uses of Funds C.,O., Bo 51.45' Other 0.,20% Sources of Funds Federal/State Grants 14.,42% ATTACHMENT B dajor Capital jipment 11.08% :m 0.59% Sales Tax 1.99% I Packet Pg. 7 ] ATTACHMENT B Summary of Project Expenditures 201412015 CaDital Ilmclrcvement Proalram Project To Proposed Estimated 2016 to Total Program Classification date 201412015 201512016 Completion Expenditures Street & Sidewdlk Drainage Utility Parks & Recreation Aquatic Park Facillities Major Capitall Equipment Economic IDevelopiment. CIP Persoinnell Other Total CIIP IProlect. Expenditures 32,233,570 10,684,762 0 461,000 $ 43,379,332 2,700,000 800,000 0 0 $ 3,500,000 11,365,000 2,287,000 0 0 $ 13,652,000 4,640,231 800,300 0 0 $ 5,440,531 0 500,000 2,600,000 0 $ 3,100,000 55,276,881 22,509,487 0 0 $ 77,786,368 318,000 4,733,000 0 0 $ 5,051,000 9,103,178 0 0 0 $ 9,103,178 2,127,228 297,631 0 0 $ 2,424,859 240,165 86,993 350,000 0 $ 677,158 $ 118,004,253 $ 42,699,173 $ 2,950,000 $ 461,000 $ 164,114,426 B -2 Packet Fig. Ea Funding i Source General Obligation Bonds Certificates of Obligation Federal/State Grants Reserves Sales Tax. Other Total CIIP (Project Funding C.4.It ATTACHMENT B Summary of Project Funding 201412015 Capital (Improvement Program Funding To Date (Proposed 2014/2015 Estimated 2015/2016 2016 to Completion Total Funds 61,705,950 250,000 0 0 62,035,950 15,145,000 21,960,000 1,300,000 461,000 39,974,000 16,090,020 6,156,772 0 0 23,054,792 17,460,297 6,772,621 1,650,000 0 25,990,919 2,207,303 050,300 0 0 3,057,603 4,499,693 6,701,490 0 0 11,201,163 $ 110,004,253 $42,699,173 $ 2,950,000 $ 461,000 $ 164,114,426 B -3 Packet Fig. 9 C.4.It ATTACHMENT B Summary of Project Funding 201412015 Capital Improvement Program B -4 Packet Pg. 20 ] Funding To (Proposed Estimated 2016 to Total Funds Program Date 2014/2015 2015/2016 Completion Street & Siidewalk. General Obligation Boinds 9,905,950 0 0 0 9,985,950 Certificates of Obligation 3,900,000 2,900,000 0 461,000 7,261,000 Federal/ State Grants 13,776,610 5,951,772 0 0 19,729,302 Reserves 4,141,010 1,032,990 0 0 5,974,000 Other 430,000 0 0 0 430,000 Street & Sidewalk Sub -Total $ 32,233,570 $10,694,762 $ 0 $ 461,000 $ 43,379,332 Drainage General Obligation Boinds 2,500,000 0 0 0 2,500,000 Reserves 200,000 000,000 0 0 1,000,000 Drainage Sub -Total $ 2,700,000 $ 000,000 $ 0 $ 0 $ 3,500,000 Utiilliity Certificates of Obligation 7,045,000 0 0 0 7,045,000 Federal /State Grants 238,482 205,000 0 0 443,492 Reserves 3,271,723 2,082,000 0 0 5,353,723 Other 809,795 0 0 0 809,795 Utility Sub -Total $ 11,365,000 $ 2,287,000 $ 0 $ 0 $ 13,652,000 Parks & Recreation Federal /State Grants 2,882,928 0 0 0 2,882,928 Reserves 0 25,000 0 0 25,000 Sales Tax 1,757,303 775,300 0 0 2,532,603 Parks & Recreation Sub -Total $ 4,640,231 $ 800,300 $ 0 $ 0 $ 5,440,531 Auaruatlic Park Certificates of Obligation 0 0 1,300,000 0 1,300,000 Reserves 0 500,000 1,300,000 0 1,800,000 Aquatic Park Sub -Total $ 0 $ 500,000 $ 2,600,000 $ 0 $ 3,100,000 Facilities General Obligation Boinds 49,300,000 250,000 0 0 49,550,000 Certificates of Obligation 1,200,000 18,870,000 0 0 20,070,000 Reserves 2,076,475 700,000 0 0 2,776,475 Other 2,700,406 2,689,487 0 0 5,389,893 Facilities Sub -Total $ 55,276,881 $22,509,487 $ 0 $ 0 $ 77,786,368 Manor Capital Euaru'icment Certificates of Obligation 0 198,000 0 0 198,000 Reserves 288,000 535,000 0 0 823,000 Other 30,000 4,000,000 0 0 4,030,000 B -4 Packet Pg. 20 ] Major Capital Equipment Sub -Total Economic IDeveloment Certificates of Obligation Reserves Sales lax Other Economic Development Sub -Total CIP Personnel) Reserves CIP Personnel Sub -Total Other Reserves Sales lax. Other Other Sub- Tonal Total CIP Project Funding ATTACHMENT B Summary of Project Funding 201412015 Capital (Improvement Program Funding To (Proposed Estimated 2016 to Total Funds $ 310,000 $ 4,733,000 $ 0 $ 0 $ 5,051,000 167,156 0 350,000 0 537,156 3,000,000 0 0 0 3,000,000 5,176,703 0 0 0 5,176,703 450,000 0 0 0 450,000 476,475 0 0 0 476,475 $ 9,103,178 $ 0 $ 0 $ 0 $ 9,103,176 B -5 Packet Pg. 251' 167,156 0 350,000 0 537,156 0 75,000 0 0 75,000 53,007 11,993 0 0 65,000 $ 240,165 $ 66,993 $ 350,000 $ 0 $ 677,153 $ 113,004,253 $42,699,173 $ 2,950,000 $ 461,000 $ 164,114,426 B -5 Packet Pg. 251' Pg. Mlap K11- In Project Costs Continuing Projects ATTACHMENT B Schedule 1 Street & Sidewalk Capital Projects Budget Summary Project To 2014115 2015116 2016 To Total Date Proposed Estimated Completion 9 1 ST140I Bridge Structure Repainting Project 85,000 0 0 0 $ 85,000 11 2 ST14132 City Point Drive New Street Construction 4,200,000 82,800 0 0 $ 4,282,800 13 3 ST0,902 Cloyce Court (Northeast Loop 820 to Miapliewood Ave) 750,000 0 0 0 $ 750,000 15 4 ST040I Dams BlvdMi6-Cillies Bl'vd': intersection 3,625,000 1,575,726 0 0 $ 5,200,726 17 5 ST0,904 Grand Avenue (Library to HealthlMarkets Access Road) 75,000 0 0 0 $ 75,000 119 6 ST14133 Itluminated Street Name Sign Replacement Project 75,000 0 0 0 $ 75,000 21 7 ST14134 Jennings DdDude Ct. Street Reconstruction 1,039,570 0 0 0 $ 1,039,570 23 8 ST1101 Main Street Streets capingi Project 66,,000 0 0 461,000 $ 527,000 25 - SM11401 Preventive Street Maintenance (2014) 900,000 0 0 0 $ 900,000 27 9 SI0102 Rufe Snow Dr. Street & Utility Imp. (Karen Drive to I.H. 8:20) 885,950 0 0 0 $ 885,950 29 10 ST02132 Rufe Snow Dr. Street & Utility Imp. (lyli&Cities to Hightoweir)[TEA-211 13,727,000 7,976,236 0 0 $ 211,703,236 31 11 ST120I Rufe Snow Drive & Glienmew Dn,ve intersection Improvements 1,435,000 0 0 0 $ 1,435,000 33 12 STI 304 Smithfield Road (Davis Bl!vdi to Mid-Cities Blvdi) 2,200,000 0 0 0 $ 2,200,000 35 13 ST12133 Smithfield RoadfDavis Boulevard intersection Improvements 70,000 0 0 0 $ 70,000 37 14 ST1102 Snidier Street Extension Project 2,800,050 0 0 0 $ 2,800,050 39 15 ST1005 Traffic Signallization at Davis Boulevard & Creek View Drive 300,000 0 0 0 $ 300,000 Total Continuing Projects $ 32,233,570 $ 9,634,762 $ 0 $ 461,000 $ 42,329,332 New Projects 41 - SM11501 Preventive Street Maintenance (2015) 0 700,000 0 0 $ 700,000 43 16 SM11502 Preventive Street Maintenance (Coltlege Circle Pavement 0 300,000 0 0 $ 300,000 Rehabilitation) 44 SD1501 Sidewalk Rehabilitation and Replacement Project (2015) 0 50,000 0 0 $ 50,000 Total New Projects $ 0 $ 1,050,000 $ 0 $ 0 $ 1,050,000 Total Project Costs Fundirta Source General Obligation Bonds G.0- Bonds 1985 Progirarn, G.0- Bonds 1994 Progirarn, G.0- Bonds 2003 Progirarn, Total 'General Obligation Bonds Certificates of Obligation Certificates of Obligation Total Certificates of Obligation FederallState 'Grants CDBG Grant Funds $ 32,233,570 $ 10,694,762 $ 0 $ 461,000 $ 43,379,332 368,500 0 0 0 $ 368,500 1,177,450 0 0 0 $ 1,177,450 8,440,000 0 0 0 $ 8,440,000 $ 9,985,950 $ 0 $ 0 $ 0 $ 9,985,950 3,900,000 2,900,000 0 461,000 $ 7,261,000 $ 3,900,000 $ 2,900,000 $ 0 $ 461,000 $ 7,261,000 429,570 0 0 0 $ 429,570 B-6 I Packet Pg. K2 ] ATTACHMENT B Schedule 1 Street & Sidewalk Capital Projects Budget Summary Pg. map Project To 2014115 2015116 2016 To Total No. ID Date Proposed Estimated Completion ISTEA Grant Funds 2,240,040 0 0 0 $ 2,240,040 Other 1,100,000 0 0 0 $ 1,100,000 TEA -211 Grant Funds 9,712,000 0 0 0 $ 9,712,000 Federal Grant 295,000 5,351,772 0 0 $ 5,646,772 Tarrant County Grant Funds 0 600,000 0 0 $ 600,000 Total FederallState Grants $ 13,776,610 $ 5,951,772 $ 0 $ 0 $ 19,728,382 Reserves 1994 Bond Program Project Savings 525,010 0 0 0 $ 525,010 G.0- Bonds 1994 Program, 75,000 0 0 0 $ 75,000 Permanent Street Maintenance Fund 800,000 1,000,000 0 0 $ 1,800,000 Permanent Sidewalk Maintenance Fund 0 50,000 0 0 $ 50,000 Unspecified Project Savings 375,000 0 0 0 $ 375,000 Utility Operations for Capital Projects 200,000 0 0 0 $ 200,000 Project Savings 1,931,000 700,190 0 0 $ 2,631,190 General Fund Designated Reserves 0 82,800 0 0 $ 82,800 Pay-As-You-Go Reserves for Capital Improvements 100,000 0 0 0 $ 100,000 Bond Program Project Savings 65,000 0 0 0 $ 65,000 General CIIP Project Savings 70,000 0 0 0 $ 70,000 Total Reserves $ 4,141,010 $ 1,832,990 $ 0 $ 0 $ 5,974,000 Other Other 430,000 0 0 0 $ 430,000 Total Other $ 430,000 $ 0 $ 0 $ 0 $ 430,000 Total Sources of Funds $ 32,233,570 $ 10,694,762 $ 0 $ 461,000 $ 43,379,332 B-7 I Packet Pg. K3 ] Schedule 2 Drainage Capital Projects Budget Summary Pg. map No. ID Continuing Projects 7 DR1401 Concrete Lined Channel Rehabilitation Project 9 1 DR-I 004 Meadowview Estates Channel Drainage Improvements Total Continuing Projects New Projects 11 2 DR 1501 Main Street Drainage Improvements Total New Projects Total Project Costs Funding Source General Obligation Bonds G.0- Bonds 2003 Program, Total General Obligation Bonds Reserves Drainage Utility Fund Reserves Bond (Program Project Savings Total Reserves Total Sources of Funds ATTACHMENT B Project To Date 2014115 Proposed 2015116 Estimated 2016 To Completion Total 200,000 2,500,000 0 0 0 0 0 $ 0 $ 200,000 2,500,000 $ 2,700,000 $ 0 $ 0 $ 0 $ 2,700,000 0 800,000 0 0 $ 800,000 $ 0 $ 800,000 $ 0 $ 0 $ 800,000 $ 2,700,000 $ 800,000 $ 0 $ 0 $ 3,500,000 2,500,000 0 0 0 $ 2,500,000 $ 2,500,000 $ 0 $ 0 $ 0 $ 2,500,000 A L 0 800,000 0 0 $ 800,000 C iL 155,000 0 0 0 $ 155,000 45,000 0 0 0 $ 45,000 1,000,000 $ 200,000 $ 800,000 $ 0 $ 0 $ $ 2,700,000 $ 800,000 $ 0 $ 0 $ 3,500,000 B-8 I Packet Pg. 2574 ] ATTACHMENT B Schedule 3 Utility Capital Projects Budget Summary Pg. Mlap Project To 2014115 2015116 2016 To Total No. ID Date Proposed Estimated Completion Project Costs Continuing Projects 9 - UT0201 Big Fossil Creek Wastewater Ouffall 1,200,000 0 0 0 $ 1,200,000 111 1 UT0203 II.H. 820 Utility Adgustments (Interchange to Mleadiowlakes) 1,000,000 0 0 0 $ 1,000,000 13 2 UT1402 Johnson Pump Station Component andl Infrastructure Replacements 275,000 0 0 0 $ 275,000 15 3 UT1404 Motor-Operatedi Transfer Valves 730,000 0 0 0 $ 730,000 17 4 UT1 304 Pump and Motor Replacements 105,000 0 0 0 $ 105,000 19 5 UT1 202 Sanitary Sewer (Loop 820 Corridor Interceptor Replacement) 1,730,000 0 0 0 $ 1,730,000 20 - UT1 305 Sanitary Sewer System linflow and Infiltration Elimination 65,000 0 0 0 $ 65,000 21 UT1 203 Sanitary Sewer System Rehabilitation of Main Lines (Phase 1) 1,500,000 0 0 0 $ 1,500,000 23 UT1 307 Sanitary Sewer System Rehabilitation of Main Lines (Phase 111) 1,500,000 0 0 0 $ 1,500,000 25 6 UT0708 Water Line (Boulevard 26ICardiinal Lane) 520,000 0 0 0 $ 520,000 27 7 UT1 207 W ater (Main S. Valve (Across Loop 820 East of Iron Horse Blvdi.) 3115,000 0 0 0 $ 3115,000 29 8 UT1 208 Water (Main (Loop 820 Gros slings) 1,770,000 0 0 0 $ 1,770,000 31 9 UT1407 Water Storage and Facility Securly System 600,000 0 0 0 $ 600,000 33 10 UT08:10 W esteem Center W ater Facility E)pan:sion 55,000 0 0 0 $ 55,000 Total Continuing Projects $ 11,365,000 $ 0 $ 0 $ 0 $ 11,365,000 New Projects 35 11 CDBG15 Harmon:so�n Roadl Sanitary Sewer Improvements 0 247,000 0 0 $ 247,000 37 12 UT1 502 Miscellaneous Water/Sewer Main Replacements (2015) 0 420,000 0 0 $ 420,000 39 13 UT1 503 Small Water IMajin Replacements (2015) 0 420,000 0 0 $ 420,000 41 - UT1 504 Tellem etric W ater IvIlete r Ann uial M aintenance (2 015) 0 400,000 0 0 $ 400,000 43 14 UT1 505 Water Line Rep lia cem ent an Susan Lee (Lola Dr. to N. Richland Blvd.) 0 800,000 0 0 $ 800,000 Total New Projects $ 0 $ 2,287,000 $ 0 $ 0 $ 2,287,000 Total Project Costs $ 11,365,000 $ 2,287,000 $ 0 $ 0 $ 13,652,000 Fundirta Source Certificates of Obligation Certificates of Obligation 7,045,000 0 0 0 $ 7,045,000 Total Certificates of Obligation $ 7,045,000 $ 0 $ 0 $ 0 $ 7,045,000 FederallState Grants CDBG Grant Funds 0 205,000 0 0 $ 205,000 TXDOT Funding 238,482 0 0 0 $ 238,482 Total FederallState Grants $ 238,482 $ 205,000 $ 0 $ 0 $ 443,482 Reserves Future Construction Funds 1,321,000 0 0 0 $ 1,321,000 Unspecified Project Savings 216,518 0 0 0 $ 216,518 B-9 I Packet Pg. K5 1 ATTACHMENT B Schedule 3 Utility Capital Projects Budget Summary Pg. map Project To 2014115 2015116 2016 To Total No. ID Date Proposed Estimated Completion Utility Operations for Capital Projects 1,255,205 840,000 0 0 $ 2,095,205 Project Sa%ings 0 1,242,000 0 0 $ 1,242,000 Certificates of Obligation Project Savings 204,000 0 0 0 $ 204,000 Utility Reserve for Future Construction 275,000 0 0 0 $ 275,000 Total Reserves $ 3,271,723 $ 2,082,000 $ 0 $ 0 $ 5,353,723 Other EPA Surcharge 145,000 0 0 0 $ 145,000 Impact Fees 664,795 0 0 0 $ 664,795 Total Other $ 809,795 $ 0 $ 0 $ 0 $ 809,795 Total Sources of Funds $ 11,365,000 $ 2,287,000 $ 0 $ 0 $ 13,652,000 B-10 I Packet Pg. 256 ) ATTACHMENT B Schedule 4 Parks & Recreation Capital Projects Budget Summary Pg. map Project To 2014115 2015116 2016 To Total No. ID Date Proposed Estimated Completion Project Costs Continuing Projects 9 1 PK1401 Barfiielcl/Cotton Belt Trail Connector 45,000 0 0 0 $ 45,000 11 2 PK96,01 Callaway Branch Trail Development [CMIAQ] 1,509,811 0 0 0 $ 1,509,811 13 3 PK96,02 Little Bear Greek Trail Develupment(John Barfield Trail 2,830,420 0 0 0 $ 2,830,420 Develupment)[ISTEA] 15 4 PK1402 Park Pond and Drai nage 255,000 0 0 0 $ 255,000 Total Continuing Projects $ 4,640,231 $ 0 $ 0 $ 0 $ 4,640,231 New Projects 17 PK1501 Annual Tree Planting (2015) 0 35,000 0 0 $ 35,000 119 PK1502 City Wide Trail and Route System Plan 0 30,000 0 0 $ 30,000 21 5 PK1503 Major Trail Neigh:borh�ood Connectors 0 133,000 0 0 $ 133,000 23 6 PK1504 Northfield Park Security LightsIlElectrical System 0 35,000 0 0 $ 35,000 25 7 PK1505 NRH Centre IIntrastnuckure Improvements (2015) 0 25,000 0 0 $ 25,000 27 - PK1506, Park Maintenance infrastructure (2015) 0 228y900 0 0 $ 228,900 29 8 PK1507 Richland Tennis Center Infrastructure Maintenance (2015) 0 59,900 0 0 $ 59,900 31 9 PK1508 Scoreboard Replacement 0 123,500 0 0 $ 123,500 33 10 PK1509 Trail Head Gateways 2015 0 130,000 0 0 $ 130,000 Total New Projects $ 0 $ 800,300 $ 0 $ 0 $ 800,300 Total Project Costs $ 4,640,231 $ 800,300 $ 0 $ 0 $ 5,440,531 Funding Source FederallState Grants ISTEA Grant Funds 2,882,928 0 0 0 $ 2,882,928 Total FederallState Grants $ 2,882,928 $ 0 $ 0 $ 0 $ 2,882,928 Reserves 0 25,000 0 0 $ 25,000 Total Reserves $ 0 $ 25,000 $ 0 $ 0 $ 25,000 Sales Tax Park Sales Tax 1,757,303 775,300 0 0 $ 2,532,603 Total Sales Tax $ 1,757,303 $ 775,300 $ 0 $ 0 $ 2,532,603 Total Sources of Funds $ 4,640,231 $ 800,300 $ 0 $ 0 $ 5,440,531 B -11 I Packet Pg. 257 Schedule 5 Aquatic Park Capital Projects Budget Summary Pg. malp New Projects 7 WP1501 General Facillity Improvements (2015) 8 1 WP1502 NRH20 Faciliity Enhancements and Improvements 9 2 WP1503 NRH20 Slildle Tower Replacement Total New Projects Total Project Costs Funtlorta Source Certificates of Obligation Aquatic Revenue Bonds, Future Issuance Total Certificates of Obligation Reserves Aquatic Park Infrastructure Reserve Total Reserves Total Sources of Funds ATTACHMENT B Project To 2014115 2015116 2016 To Total Date Proposed Estimated Completion 1,800,000 0 100,000 0 0 $ 100,000 0 200,000 0 0 $ 200,000 0 200,000 2,600,000 0 $ 2,800,000 $ 0 $ 500,000 $ 2,600,000 $ 0 $ 3,100,000 $ 0 $ 500,000 $ 2,600,000 $ 0 $ 3,100,000 0 0 1,300,000 0 $ 1,300,000 0 $ 0 $ 1,300,000 $ 0 $ 1,300,000 0 500,000 1,300,000 0 $ 1,800,000 $ 0 $ 500,000 $ 1,300,000 $ 0 $ 1,800,000 $ 0 $ 500,000 $ 2,600,000 $ 0 $ 3,100,000 I IRS PA I Packet Pg. Ka I ATTACHMENT B Schedule 6 Facilities Capital Projects Budget Summary Pg. map Project To 2014115 2015116 2016 To Total No. ID Date Proposed Estimated Completion Project Costs Continuing Projects 6 1 IBD080'9 820 Widening - City Hall Modifications 1,050,000 0 0 0 $ 1,050,000 7 2 IBD0905 820 Widening - Professional Services 300,000 0 0 0 $ 300,000 8 3 FC1205 City Hall:: (Muin!i,ciipal Government Complex) 48,000,000 21,229,337 0 0 $ 69,229,337 9 4 IBD0900 Dams Boulevard Property Acquisition - TOD Area 2,300,000 0 0 0$ 2,300,000 110 - FC1204 Loop 820 Expansion. Preparation 2113,031 0 0 0 $ 2113,031 It 5 ES0201 N RH Animall Adoption & Rescue Center New Facility 3,413,850 986,150 0 0 $ 4,400,000 Total Continuing Projects $ 55,276,881 $ 22,215,487 $ 0 $ 0 $ 77,492,368 New Projects 12 6 FC1501 Building EnvelopelRoof Repairs 0 174,000 0 0 $ 174,000 13 7 FC1502 Flooding Replacement 0 30,000 0 0 $ 30,000 14 8 FC1503 IInterior.Exterilor Renovators 0 40,000 0 0 $ 40,000 115 9 FC1504 Public Library Interior Finshout 0 50,000 0 0 $ 50,000 Total New Projects $ 0 $ 294,000 $ 0 $ 0 $ 294,000 Total Project Costs $ 55,276,881 $ 22,509,487 $ 0 $ 0 $ 77,786,368 Fundorta Source General Obligation Bonds G.0- Bonds 2003 Program, 1,300,000 250,000 0 0 $ 1,550,000 G.0- Bonds 2012 Program, 48,000,000 0 0 0 $ 48,000,000 Total General Obligation Bonds $ 49,300,000 $ 250,000 $ 0 $ 0 $ 49,550,000 Certificates of Obligation Certificates of Obligation 1,200,000 18,870,000 0 0 $ 20,070,000 Total Certificates of Obligation $ 1,200,000 $ 18,870,000 $ 0 $ 0 $ 20,070,000 Reserves Future Construction Funds 0 174,000 0 0 $ 174,000 Project Savings 0 120,000 0 0 $ 120,000 Gas Development Fund Reserves 726,475 0 0 0 $ 726,475 General Fund Designated Reserves 1,350,000 0 0 0 $ 1,350,000 Pay-As-You-Go Reserves for Capital Improvements 0 700,000 0 0 $ 700,000 Total Reserves $ 2,076,475 $ 994,000 $ 0 $ 0 $ 3,070,475 Other Animal Control Fund Raising Campaign 913,850 16,150 0 0 $ 930,000 Other 0 2,379,337 0 0 $ 2,379,337 Commercial Loan 1,573,525 0 0 0 $ 11,573,525 North Tarrant Express ROW Proceeds 213,031 0 0 0 $ 2113,031 B-13 I Packet Pg. 259 ATTACHMENT B Schedule 7 Major Capital Equipment Capital Projects Budget Summary Pg. Mlap Project To 2014115 2015116 2016 To Total No. ID Date Proposed Estimated Completion Project Costs Continuing Projects 5 IS140I Cell Phone Silginal Boosters iin NRH Centre 98,000 0 0 0 $ 98,000 6 IS1402 Replacement of the Fuel Management Software System 90,000 0 0 0 $ 90,000 7 IS1203 Teliew ork s Repliac ern ent for Ont iine ands VO P Platform s 130,000 0 0 0 $ 130,000 Total Continuing Projects $ 318,000 $ 0 $ 0 $ 0 $ 318,000 New Projects 8 FS1 501 2015 Asphalt Paver Replacement (Unit 6,623) 0 198y000 0 0 $ 198,000 9 FS1 502 Dump Truck Replacement (Unit 476,) 0 110,000 0 0 $ 1110,000 110 FS1 503 Dump Truck Replacennent (Unit 597) 0 110,000 0 0 $ 1110,000 111 F51504 D�u mip Truck R'eplacemen't (U n!it 6,6,11) 0 110,000 0 0 $ 1110,000 12 UT1 501 Hydiro-Excavatiion Vacuum Trailer 0 80,000 0 0 $ 80,000 13 IS1501 Repl:acelen!hance Dispatch center recording equipment 0 125,000 0 0 $ 125,000 14 IS1502 Replacement of CADIRMIS Public Safety Software Platform 0 4,000,000 0 0 $ 4,000,000 Total New Projects $ 0 $ 4,733,000 $ 0 $ 0 $ 4,733,000 Total Project Costs $ 318,000 $ 4,733,000 $ 0 $ 0 $ 5,051,000 Fundorta Source Certificates of Obligation Certificates of Obligation 0 198,000 0 0 $ 198,000 Total Certificates of Obligation $ 0 $ 198,000 $ 0 $ 0 $ 198,000 Reserves Equipment' ervices Fund 0 220,000 0 0 $ 220,000 Information Services Reserve 187,000 125,000 0 0 $ 312,000 Reserves 0 110,000 0 0 $ 110,000 Unspecified Project Savings 31,000 0 0 0 $ 31,000 Utility Fund 70,000 80,000 0 0 $ 150,000 Total Reserves $ 288,000 $ 535,000 $ 0 $ 0 $ 823,000 Other 0 4,000,000 0 0 $ 4,000,000 Court Technology Fund 30,000 0 0 0 $ 30,000 Total Other $ 30,000 $ 4,000,000 $ 0 $ 0 $ 4,030,000 Total Sources of Funds $ 318,000 $ 4,733,000 $ 0 $ 0 $ 5,051,000 B-14 I Packet Pg. 260, Schedule 8 Economic Development Capital Projects Budget Summary Pg. malp Continuing Projects 5 1 ED0803 Boulevard 26 intersection II mp. (@ Rodger Line Rdi.) 7 2 ED0801 Business Improvement and Growth (BI,G) Program 9 3 ED1002 Loop 820 Redevelopment 11 4 ED1001 SH 1211183 & Bedford-Euless Road Access Plan 12 - PW0402 Sign Removal Assistance Program 13 ED140I Strategic Land Acquisition 15 5 ED0601 TIIF I Expansion - Intersecdon II mprovementslUtility Burial Total Continuing Projects Total Project Costs Fundinn Source Certificates of Obligation Certificates of Obligation Total Certificates of Obligation Reserves General Fund Pay-As-You-,Go Reserves Sales Tax Reserve for Economic Development Gas Fund Reserves (Designated for ED Activities) Utility Fund Total Reserves Sales Tax Sales Tax Reserve for Economic Development Total Sales Tax Other Other Commercial Loan Total Other Total Sources of Funds ATTACHMENT B Project To 2014115 2015116 2016 To Total Date Proposed Estimated Completion 100,000 450,000 0 0 0 $ 450,000 250,000 0 0 0 $ 250,000 2,026,938 0 0 0 $ 2,026,938 100,000 0 0 0 $ 100,000 50,000 0 0 0 $ 50,000 3,226,240 0 0 0 $ 3,226,240 3,000,000 0 0 0 $ 3,000,000 $ 9,103,178 $ 0 $ 0 $ 0 $ 9,103,178 $ 9,103,178 $ 0 $ 0 $ 0 $ 9,103,178 3,000,000 0 0 0 $ 3,000,000 $ 3,000,000 $ 0 $ 0 $ 0 $ 3,000,000 50,000 0 0 0 $ 50,000 100,000 0 0 0 $ 100,000 1,800,463 0 0 0 $ 1,800,463 3,226,240 0 0 0 $ 3,226,240 $ 5,176,703 $ 0 $ 0 $ 0 $ 5,176,703 450,000 0 0 0 $ 450,000 450,000 $ 0 $ 0 $ 0 $ 450,000 50,000 426,475 0 0 0 0 0 $ 0 $ 50,000 426,475 $ 476,475 $ 0 $ 0 $ 0 $ 476,475 $ 9,103,178 $ 0 $ 0 $ 0 $ 9,103,178 41111161 I Packet Pg. 2671 ] Pg. Mlap Continuing Projects 20114115 Proposed GCl:P12 General C111' Personnell Costs MFPF12 Municipal Facilities Project Funding UGlIP12 Utl:ity UP Personnel UCNP12 Utl:ity C,3nstrucbon Peirsonnell UCPF12 UbIlity Gonstrucbon Project Funding Total Continuing Projects Total P'rot'ect Costs 0 Fundina Sources Reserves General ClIP Reserves and interest Income Utility Reserves and Interest Income Municipal Facilities Project Funding Utility Construction Project Funding Total Reserves Total Sources of Funds ATTACHMENT B Schedule 9 CIP Personnel Capital Projects Budget Summary Project To Date 20114115 Proposed 20151116 Estimated 2016 To Completion Total 995,183 0 0 0 $ 995,1183 0 0 0 0$ 0 11,101,848 3114,205 0 0 $ 11,416,053 2,444,966 823,426 0 0 $ 3,268,392 -2,414,769 -840,000 0 0 $ -3,254,769 $ 2,127,228 $ 297,631 $ 0 $ 0 $ 2,424,85'9 $ 2,127,228 $ 297,631 $ 0 $ 0 $ 2,424,859 995,183 0 0 0 $ 995,1183 3,546,8114 11,137,6311 0 0 $ 4,684,445 0 0 0 0$ 0 -2,414,769 -840,000 0 0 $ -3,254,769 $ 2,127,228 $ 297,631 $ 0 $ 0 $ 2,424,859 $ 2,127,228 $ 297,631 $ 0 $ 0 $ 2,424,859 'Psw I Packet Pg. 2672 ] ATTACHMENT B Schedule 10 Other Capital Projects Budget Summary Pg. map Project To 2014115 2015116 2016 To Total No. ID Date Proposed Estimated Completion Project Costs Continuing Projects 3 E50902 Litter Not Progiram 23,007 1,993 0 0 $ 25,000 4 E50901 Neighborhood Indative Program 2117,158 10,000 0 0 $ 227,158 Total Continuing Projects $ 240,165 $ 11,993 $ 0 $ 0 $ 252,158 New Projects 5 PL1501 Comprehensive Plan 0 75,000 350,000 0 $ 425,000 Total New Projects $ 0 $ 75,000 $ 350,000 $ 0 $ 425,000 Total Project Costs $ 240,165 $ 86,993 $ 350,000 $ 0 $ 677,158 Fundina Source Reserves Other 187,158 0 0 0 $ 187,158 Reserves 0 0 350,000 0 $ 350,000 Total Reserves $ 187,158 $ 0 $ 350,000 $ 0 $ 537,158 L Sales Tax Economic Development Sales Tax 0 75,000 0 0 $ 75,000 Total Sales Tax $ 0 $ 75,000 $ 0 $ 0 $ 75,000 Other Donations Fund 30,000 10,000 0 0 $ 40,000 Other 23,007 1,993 0 0 $ 25,000 Total Other $ 53,007 $ 11,993 $ 0 $ 0 $ 65,000 Total Sources of Funds $ 240,165 $ 86,993 $ 350,000 $ 0 $ 677,158 B-17 I Packet Pg. 263 ATTACHMENT B Schedule 11 2013/20114 Budget Revisions Budget Summary Page No Project Number Project Name Adopted Through 201312014 lBudget Revision 201312014 201312014 Revised Budget Remaining Amount Total STREET & SIDEWALK CAPITAL PROJECTS 3,000,000 IFacilftiry 17 FC1308 Overhead Doors Replacement 0 2 ST14D2 City Point Drive New Street Construction, 4,249,470 (49,470) 4,200,000 $0 4,200,000 3 ST 0401 DavlsVid-Citles Blvd Intersection, 3,625,000 0 3,625,000 $0 3,625,000 4 ST1407 Meadowlakes Drive Street Improvements $0 $45,000 $45,000 0 $45,000 5 ST1306 North, Tarrant Median Improvements 550,000 7,500 557,500 0 557,500 6 ST 0202 Rule Snow Dr. Street & I-Itillity Imp (Mid-Cities to 13,727,000 0 13,727,000 0 13,727,000 Hightower) Sulb-Total $22�.151,470 $3,030 $22,154.500 $0 $22�.154,500 DRAINAGE CAPITAL PROJECTS 7 DR1401 Concrete Lined Channel IRehabiillittattion Project $200,000 $0 $200,000 $0 $200,000 Sulb-Total $200.000 $0 $200,000 $o $200,000 UTILITY CAPITAL PROJECTS 8 UT1402 Johnson Pump Station Component and Infrastructure Replacements ;:71'.51171M PARKS & RECREATION CAPFTAIL PROJECTS 9 PK 1202 Aninuall Tree Planting Project 10 PK 0404 NRH Recreation Center (TIF 142) 11 PK 0908 Trail Siignage andl Identification Sulb-Total AQUATIC PARK CAPITAL PROJECTS ;:71'.51171M FACILITIES CAPITAL PROJECTS 12 FC1301 Buiiildiing Envelope andl Roofing Repairs 13 FC1310 Buiiildiing Demoliftion, 14-15 IFC1205 City Hall (Muinicipall Government Complex) 16 IES0201 NRH Animal Adoption, & Rescue Center - New 3,000,000 IFacilftiry 17 FC1308 Overhead Doors Replacement 0 Sulb-Total MAJOR CAPFTAIL EQUIPMENT CAPFTAIL PROJECTS 18 IFS1302 2013 Dump Truck Replacement (Unit 691) Sulb-Total $275,000 $0 $275,000 $0 $275,000 0 0 0 $275,000 $0 $2�75,000 $o $275,000 $35,000 ($4,966) $30,014 $0 $30,014 25,015,000 5,156 25,020,155 0 25,020,155 55,000 (2,514) 52,486 0 52,486 $25.105,000 ($2,345) $25,102,655 $0 $25.102.655 $o $o $0 $0 $0 $o $o $0 $91,500 $6,000 $97,500 $0 $97,500 60,000 9,000 69,000 0 69,000 48,000,000 0 48,000,000 21,229,337 69,229,337 3,413,850 986,150 4,400,000 0 4,400,000 48,600 (6,0,00) 42,600 0 42,600 $51.613,950 $995.150 $52,609,100 $2'1,229,337 $73.838,437 $105,000 $0 $105,000 $0 $105,000 $105,000 $0 $105,000 $o $105,000 ECONOMIC DEVELOPMENT CAPITAL. PROJECTS 19 ED 1401 Stategic Land Acqluistion $0 $3,226,240 $3,226,240 $o $3,226,240 20 ED 0601 TIF 1 Expansion-Intersection, 3,000,000 - 3,000,000 0 3,000,000 improvementsJUtility Burial 0 10,363,859 1,370,100 974,000 2,844,100 Sulb-Total $3.000,000 $3,226.240 $6,226,240 $o $6.226,240 1,670,000 988,320 3,243,075 OTHER CAPITAL PROJECTS 2,379,337 6,610,732 AaLL07 .1.2.79. $4.222'.075 � .1�29 354 21 IES 1201 Atmos Residenhall Energy Efficiency Progiram, $356,859 $0 $356,859 $o $356,859 Sulb-Total $356,859 $0 $356,859 $o - $359,859 Total All Projects SOURCES OF FUNDS General Obligation, Bonds Certificates of Obligations Federal I State Giants Reserves Sales Tax Other Total Sources of Funds $102,807,2.79 279 $4 �222 075 $107,029,354 $21 �229 337 $1128,258.691' $56,150,000 $0 $56,150,000 $250,000 $56,400,000 31,765,000 5,000 31,770,000 18,600,000 50,370,000 10,363,859 0 10,363,859 0 10,363,859 1,370,100 974,000 2,844,100 0 2,844,1 DO 1,670,000 0 1,670,000 0 1,670,000 988,320 3,243,075 4,231,395 2,379,337 6,610,732 AaLL07 .1.2.79. $4.222'.075 � .1�29 354 29 .ULL.b337. $128.258.691' IMSM I Packet Pg. 2674 ] ATTACHMENT B Street & Sidewalk Capital Projects City (Point IDriive New Street Construction ST1402 PROJECT DESCRIPTION & JUSTIFICATION This project will consist of the construction of a new concrete entry street Y boulevard and two arterial feeder roads located in the Calloway Creek area near the new City Hlalll. The newly narnied City Point Drive will begin at Boulevard 26 and': extend south into the development to a connecting traffic circle. From there the arterials feed:: outward from the traffic circle wrapping around the new City Hall building serving the north and west public parking lots. This project will include many features such as a traffic. circle, drainage improvements, lighting, landscaping / h:ardiscape and other features to make it pedestrian friendly. The Project also includes upgrades at the intersection of the new City Point Drive and Boulevard 26. The construction of a new street network at this location will provide access to City Hall and:: will help facilitate future dievellopmient of the undeveloped 80 acres in the Calloway Creek area. This project will provide the main pedestrian access through the center of the property. Motorists willl have easier access to the property and the future development located on the property. Note: Reserves represents projects savings from previously completed projects. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering 013/2013 03Y20,13 09Y20,13 09/2013 Land /ROW Acquisition Construction 10/2013 1012.0113 04/20,13 11/2013 Other REVISION EXPLANATION Revised:: total funding to align with updated projected: estimates. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES C.Cis $3,4001,0010 $3,4001,0010 $3,4010,0001 Reserves 8001,0010 8001,0010 $8010,0001 tither- 49,470 (491,470) 0 $01 Reserves 0 $01 0 $01 Total $4,249,470 ($49,4701)1 $4,2001,0010 $0 $4,2010,0001 PROJECT EXPENDITURES Professionall Services $0 $01 Engineering/Design 249,470 9,750 259,220 $259,2201 Laind/IROW Acquistion 0 $01 Construction 4,01001,0010 (591,220) 3,9401,780 $3,940,7801 Other 0 $01 ITotal $4,249,470 1 ($49,470) 1 $4,2001,0010 $0 200 000 IMPACT ON OPERATING BUDGET No Operating Impact Expected JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 TOTAL JProjected 1 01 01 01 01 01 Od B-19 I Packet Pg. 265 ATTACHMENT B Street & Sidewalk Capital Projects Davis Blvd. /Mild- Citifies (Blvd Intersection ST 04'01 PROJECT DESCRIPTION & JUSTIFICATION This project consists of intersection improvements at the Davis Bllvdi: and Mid-Cities Blvd Intersection. The improvements include addling additional right and: left turn lanes, signalization improvements, and: all necessary water and: sewer main adjustments. This intersection is located on a major east/west and north/south thoroughfare that ruins through NE Tarrant County. Heavy traffic congestion is experienced during peak hours. In the future, this intersection will experience significant development which will adid to the traffiic congestion. Improvements to this intersection will reduce the traffic congestion and:: provide added capacity to handle future traffic volumes. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services 10/20013 101120,03 05/20,08 05/2008 Engineering 017/20018 07/20,08 06/20,13 06/2013 Land /ROW Acquisition 016/2013 06/20,13 11/20,13 11/2013 Construction 01112014 0112014 0112014 01/2014 Other REVISION EXPLANATION Engineering cost on project were greater than expected. A reduction in construction was used: to cover the expenditures in the professional services / engineering l account. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES General Obligation Bonds $500,0010 so $5001,0010 $5010,0001 Certificates of Obligation 500,0010 0 5001,0010 $5010,0001 Federal/State Grants 2,445,0010 0 2,445,0010 $2,445,0001 Reserves 1801,0010 0 1801,0010 $180,000, 1 0 $o, Total $3,625,0010 $01 $3,625,0010 $0 $3,625,01001 PROJECT EXPENDITURES Professionall Services $0 $107,000 $107,0010 $11017,0001 Eingineeding/Design 429,971 0 429,971 $429,971 Laind/IROW Acquisfion 125,0010 0 125,0010 $1125,0001 Construction 3,01701,029 (107,0100) 2,963,029 $2,963,029 Other 0 $o, ITotal $3,625,0010 1 $01 $3,625,0010 $0 6u25: 000 IMPACT ON OPERATING BUDGET No additional impact is projected with this project. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 TOTAL JProjected 1 01 01 01 01 01 Od B-20 I Packet Pg. K6 1 ATTACHMENT B Street & Sidewalk Capital Projects Meadowlakes Drive Street Improvements ST1407 PROJECT DESCRIPTION & JUSTIFICATION This project consists of improvements to Meadowlakes Drive. Meadowlakes is an asphalt street and identified on the thoroughfare plan as a minor collector. Work to improve Meadowllakes Dr. willI be provided by a combination of outside contractors and:: city staff. Due to the construction along the Loop 820, corridor, specifically the closure of the Iron Horse Bridge, Meadowllakes Dr has experienced higher levels of traffic than typical and therefore the pavement has begun deteriorating at higher rates. The source of fundi!ng1 is miscellaneous street savings from recently completed and closed projects. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering Land /ROW Acquisition Construction 12120,13 09/2014 Other REVISION EXPLANATION This project is being included into the FY13Y14 capital budget as a revision. Meadowlakes Drive has experienced higher rates of pavement deterioration and is in need:: of repair. Project savings from a completed and:: close street project willl be used to fund:: this project. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES tether - Project Savings from ST1 103 $45,000 $45,0010 $45,0001 0 $01 0 $01 0 $01 0 $01 Total 1 $01 $45,000 $45,0010 $0 $45,01001 PROJECT EXPENDITURES Professionall Services $0 $01 Engineering/Design 0 $01 Laind/IROW Acquistion 0 $01 Construction 4$,000 45,0010 $45,0001 Other 0 $01 ITotal $01 $45,00,01 $45,00,01 $0 1 4 000 IMPACT ON OPERATING BUDGET There is a minor impact on the operating budget. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 1,0001 1,0001 1,0001 1,0001 1,000 1 $ 5t,0 0:0J 8 -21 I Packet Pg. K7 ] ATTACHMENT B Street & Sidewalk Capital Projects North Tarrant Median Improvements T1 06' PROJECT DESCRIPTION & JUSTIFICATION This project is for improvements to the median along North Tarrant Parkway between Davis Blvd. and Precinct Liine Rd. The project creates a new opening in the existing median for access to the development on the south-sidle of North Tarrant Parkway across from the driveway on the Wal-Mart property. A new signal light will be installed, providing for signalized: access to both Wal -Mart Parking lot and the new development on the south. With the development of a 30-acre tract on the south side on North Tarrant Parkway, traffic. demands will increase and a traffic signal was warranted at the existing median for safe pedestrian crossing, and:: improved commercial vehicle access. A second me6an opening is beneficial to both the Wal-Mart development and the proposed:: commercial development to the south. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering 017/2013 12120,13 Land/ROW Acquisition Construction 01212014 09120,14 Other 12/2013 02120,14 REVISION EXPLANATION The original construction funding, $5010,01001.001, available for the project identified in the FY 2013/2014 Capital Projects Budget is lower than the bid:: amount with both alternates, $507,500.00. This shortfall is because the original project scope did not contemipllate salvagliingi the existing l trees in the North Tarrant median. Staff believes relocation of the trees would be a cost effective move and recommends transferring $7,5001.00, from the Parks Fund:: to offset the increased cost. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES General Obligation Bonds $550,0010 $5501,0010 $550,0001 Park Development Fund 7,5013 7,5010 $7,5001 0 $01 0 $01 0 $01 Total $5501,0010 $7,50101 $557,5010 $0 $557,5001 PROJECT EXPENDITURES Professionall Services $501,0010 $501,0010 $50,0001 Engineering/Design 0 $01 Lail Acquistion 0 $01 Constwdion 5001,0010 7,500 507,5010 $5017,5001 Other 0 $01 ITotal 1 $5501,0010 1 $7,510,01 $557,50,01 $0 1 $5 IMPACT ON OPERATING BUDGET No impact JANNUAL OPERATING IMPACT 1 20,13114 1 2014120,15 1 2015116 1 20,16117 1 20,17118 1 TOTAL JProjected I I I I 1 1 $01 B-22 I Packet Pg. 2i6$ 1 ATTACHMENT B Street & Sidewalk Capital Projects iRuife Snow Dr. Street & Utility limp., (Miid-Citifies to Hightower)[TEA-21] ST0202 PROJECT DESCRIPTION & JUSTIFICATION Thiis project widens approximately 5,300, feet of the existing 5-lane thoroughfare to 7-lanes. This section of Rufe Snow Drive wilil be reconstructed as a concrete street with sidewalks along both sides, siignalization improvements at the major intersections and alll necessary water and sewer maim adjustments. The funding for desiign will be provided by the 1994 Bond Program and': Federal Grants (TEA-21). The funding for the construction phase of thiis project will come from the 20,03 Bond Program and Federal Grants. The development that has taken place in recent years in Northeast Tarrant County has caused traffic. volumes to increase along this section of Rufe Snow. Currently, the traffic counts are 29,355 vehicles per day. This area of Rufe Snow is also adjacent to commercial property. Additional lanes are needed:: for this section of Rufe Snow to reduce traffic. congestion. Since thiis project wilil be coordinated with Texas Department of Transportation (TxDot), all schedules are subject to change by TxDot. Like any other TxDot project, thiis project will also be subject to state and federal reviews, an environmental assessment and a publiic hearing meeting wilil need to be conducted. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services 10120011 1 CY20107 Engineering 013120018 0312014 Land/ROW Acquisition 0412011 06120,14 Construction 019/2014 05Y20,16 Other REVISION EXPLANATION The revision was created to accurately reflect additional expenclitures in ROW Acquisition. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES General Obligation Bond $5,690,0010 $5,6901,0010 $5,690,0001 0 $01 FederalYState Grants 7,562,0010 7,562,0010 $7,562,0001 Reserves 475,0010 475,0010 $475,0001 0 $01 Total $113,,727,0010 1 $01 $13,727,00101 $0 1 $13,727,01001 PROJECT EXPENDITURES Professionall Services $0 $01 Engineemng/Desiign 1,6001,0010 1,6001,0010 $1,6010"0001 Laind/IROW Acquisfion 2,01001,0010 2,90101,000 4,9001,0010 $4,9010,0001 Construction 10,127,0010 �2,900,010,0) 7,227,0010 $7,227,0001 Other 0 $01 ITotal $113,727,0010 1 $01 $113,727,0010 $0 1 $13,7 IMPACT ON OPERATING BUDGET Road maintenance and other operating expenses should be nominal during the first 5 to 101 years for this project. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL liProjected To- B-23 I Packet Pg. 2679 ] ATTACHMENT B Drainage Capital Projects Concrete Lined Channel Rehabilitation Project Df?14�01 PROJECT DESCRIPTION & JUSTIFICATION This project involves begli�!nni'ingi a rehabilitation process of the City's seven (7) miles of concreted: (lined' channels. The scope of the project will include repairing areas of concrete lined:: channels that have deteriorated, cracked, dropped, collapsed, heaved or hold:: water due to heavy ground movernent and/or age. The list of needed repairs will include patching sections of channel walls and bottoms and:: replacement of sections of channel walls and bottornis. Concrete channels transport storm water run-off during rain events. When those channels have areas of deteriorated walls or bottoms, flowing water has the ability to penetrate the sub-grade, which undermines the integrity of the channel and:: poses a threat to public and:: private property. Some areas in the concrete channels hold extensive amounts of water because of deterioration that has occurred, which becomes a breeding g1round: for mosquito larvae and raises citizen concern. Project funding sources are $155,000 issuances of Certificates of Obligation Bonds and $45,0100 from 1994 General Obligation Bond Election Project Savings. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering Land /ROW Acquisition Construction 10/2013 09120,14 Other REVISION EXPLANATION The purpose of this revision is to update the source of funding for this project. The $155,000, originally identified to be funded:: from Certificates of Obligation will be funded:: through Reserves. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES Certificates of Obligation $155,0010 ($155,00,0) $0 $01 Reserve - Drainage Project Savings 155,000 155,0010 $155,0001 Reserves - Bond:: Program Project Savings 45,0010 45,0010 $45,0001 0 $01 0 $01 Total $2001,0010 $01 $2001,0010 $0 $2010,01001 PROJECT EXPENDITURES Professionall Services $0 $01 Engineering/Design 0 $01 Laind/IROW Acquistion 0 $01 Constwction 2001,0010 2001,0010 $2010,0001 Other 0 $01 ITotal 1 $2001,0010 1 $01 $2001,0010 1 $0 1 200 000 IMPACT ON OPERATING BUDGET No operating impact. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 01 01 01 01 01 Od 8 -24 I Packet Pg. 2770 ] ATTACHMENT B Utility 9Capitall Projects Johnson (Pump Stat�ilon Component and Infrastructure Replaceiments UT1402 PROJECT DESCRIPTION & JUSTIFICATION This project will consist of the replacement of (2) two pumps and motors inside the Johnson P,u,rnip Station facility. Included will be replacement of a discharge header pipe outside the pump station, replacement of the entry pipe from the road side to the storage tank, and replacement of the manually operated water valve with a motorized: valve on the entry pipe. Currently, there are 2 remaining pumps and motors that are 30 years old in the system. These are located inside Johnson Pump Station. As pumps and motors age and wear, components begin t : o slow down and pump efficii ency falls bellow the standard to adequately provide stable water pressures. These two pumps are used to carry pressures to College Pump Station. The water line on site used to carry water into the Johnson Ground Storage Tank is in need of replacement. This pipe Is important in the process of filling this 2 million gallon tank for the City's storage and detention in the southeast end of town. Project funding sources will come from the Utility Reserve for Future Construction. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering Land /ROW Acquisition Construction 10/2013 09120,14 Other REVISION EXPLANATION This revision is being requested to update the funding sources for the project. The project will be funded entirely from Utility Reserves for Future Construction. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES Certificates of Obligation $105,0010 ($105,00,0) $0 $01 Utility Reserve for Future Construction 105,000 105,0010 $1015,0001 Reserves - C.0 Project Savings 170,0010 (1710,000) 0 $01 Utility Reserve for Future Construction 170,000 1701,0010 $170,0001 1 0 $01 Total $275,0010 $01 $275,0010 $0 $275,01001 PROJECT EXPENDITURES Professionall Services $0 $01 Engineering/Design 0 $01 Laind/IROW Acquistion 0 $01 Construction 275,0010 275,0010 $275,0001 Other 0 $01 ITotal 1 $275,00,01 $01 $275,00,01 $0 1 275 000 IMPACT ON OPERATING BUDGET No operating impact. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 01 01 01 01 01 Od 8 -25 I Packet Pg. 2771 ] oi!lqnd le6pn:e ql,0Z/VL0Z jeek 1L,3si!=l : 690l,) le6pne 121!deo' pesod!Wd - 8: ILIGLU43911V :1uQwq3UUV Parks & Recreation Capital Projects Annual Tree (Planting (2012) PK1202 PROJECT DESCRIPTION & JUSTIFICATION This project provides for the introduction of trees into the urban forest and replacement of trees that have died at various locations throughout the C4. The project involves the installation of 3" to 4" caliper, drought tolerant, native or adapted trees, Parks to receive trees have been identifie'd as Cross Timbers Park, Bedford Euless Greenway, Dr. Pillow Park, Green Valley Park, Linda Spurlock Park, Norich Park, Tipps, Canine Park, Tommy and Sue Brown Park, Walker's Creek Park and Iron Horse Median, PROJECTSTATUS ORIGINAL 2013114 ORIGINAL 2013,51-4—] REVISION REVISION START DATE =REVIS[ON END DATE 'JON Professional Services Engineering LandIROWAcquisition Construction 10/2012 1212013 Other REVISION EXPLANATION The original! construction funding in ST1 306, $500,000.00, available for the project identified in the FY X713/20114 Capital Projects Budget is lower than the bidl amount with both alternates, $507,500.00. This shortfall is because the original project scope did not contemplate salvaging the existing trees in the North Tarrant median, Staff believes relocation of the trees would be a cost effective move and recommends transferring $4,987 from this project, PK1 202, to offset the increased cost. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET' THRU PROJECT- BUIDGETTHRU REMAINING PROJECT 2013114 1 R6ISI&W"': 20131114 BALANCE COST FUNDING SOURCES, v Sales Tax $35,000 $35,000 $,35,0100 ($4,,986)1 0 $0 0 $0 01 $0 Total �35XO (§4,986)J $30,014 J_ $0 30,0114 PROJECT'' XPENDITURES Professional Services $0 $0 EngineeringlDesign 0 $ 0 LandIROWAcquisfion 0 so� Construction 35,000 44p086)' 30,014 $301,014 Other 0 $0 Totall $35 000 1 '($4,98 6) $30,0141 $30,1013 IMPACT ON OPERATING BUDGET No impact JANNUAL OPERATING IMPACT 2013114 201412015 2016117 1 20117118 TOTAL 1Projected 110 B-26 N r- N 4, 0 001,01- ATTACHMENT B 8 -27 I Packet Pg. E3 ] Parks & Recreation Capital Projects NRHl Recreation Center (TIF #2) PK 0404 PROJECT DESCRIPTION & JUSTIFICATION This project provides for design and construction of a recreation center of approx. 86,00�O square feet and will include indoor leisure and aquatic features. Other amenities include a double gymnasium, expansive fitness center, indoor walki::ngi track, classrooms, pre-school/day care room, banquiet/meeting space, senior center, elevated 2nd floor terrace, kitchen facilities, showers, lockers, and:: offiices. The N Centre has experienced outstanding attendance and use since the opening of the facility, and attendance and use are expected: to continue growing. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services 10/20017 0312008 Engineering 013/20019 01/20,12 Land /ROW Acquisition Construction 10/2010 04/20,12 Other 10/2010 101/20,13 REVISION EXPLANATION The budget revision to P,K0404 is to cover the cost of modifications to the showers at the NH Centre. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES General Obligation Bonds $110,0010 $o $1101,0010 $0 $110,0001 Sales Tax 1,580,0010 0 1,5801,0010 0 $1,580,0001 Certificates of Obligation 23,300,0010 0 23,3001,0010 0 $23,3010,0001 ¢Other 25,0010 5"155 301,155 0 $30,155 1 0 $o, Total $25,01115,0010 $5,1551 $25,0201,155 $0 $25,020,155 PROJECT EXPENDITURES Professionall Services $0 so, Engineering/Design 2,356,256 0 2,356,256 0 $2,356,256 Laind/IROW Acquistion 0 $o, Construction 21,901,244 5,155' 21,906,399 0 $21,9016,399 Other 757,5010 0 757,5010 0 $757,5001 ITotal r $25,0115,0010 ------f5—,155 1 $25,0201,155 02f6 1155 IMPACT ON OPERATING BUDGET -$0 The department has received the updated Performa from the consu,lltants which provided the estimated:: expenditures and:: revenue fiaures. The estimated annual financial impact as calculated is shown below. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 1 2,824,6321 2,937,6171 01 01 01 $5,762.2 8 -27 I Packet Pg. E3 ] oi!lqnd ja6pne qi3OZ/Vli0Z jeak la sill : 69011 ja6pne l,ajidlao IpasodWd - 8: ILIGLU43911V ILIGUJILIOU14V Parks & Recreation Capiital Projects Trail Signiage and Identification PK0908 PROJECT DESCRIPTION & JUSTIFICATION This project provides for the design and installation of identification and information signs to be introduced along the major trails within the trail system. The sign installations for each major trail would include the introduction of one large identification sign with a City-wide trail map locator, three "you are here" signs at terminus and mid-points, and smaller identification signs at cross streets, PROJECT STATUS Professbnal Services Engineering Landi'ROWAcquisition Construction Other REVISION EXPLANATION ORIGINAL 213114 START DATE REVISION ORIGINAL 2013114 END DATIE REVISION Willow, The original construction funding in T1 306a, $500,000.00, available for the project identified in the FY 2013/2014 Capital Projects Budget is lower than the Ibid amount with both alternates, $507,500.010. This shortfall is because the original project scope did not contemplate salvaging the existing trees in the North Tarrant median, Staff believes relocation of the trees would be a cost effective move and recommends transferring $2,514 from this project, PK01908, to offset the increased cost. FINANCIAL DATA .IMIPACT ON OPERATING BUDGET No impact ANNUAL OPERATING IMPACT 2013114 2014A-20-15 ----T-2015116 2016117 2017M8 TOTAL I Projected I 91� IWIVII N 4, 0 001,01- ATTACHMENT B Facilities Capital Projects BuiiIld�ingi IEnvellope and Roofing Repairs FC1301 PROJECT DESCRIPTION & JUSTIFICATION This project consists of sealing the building wallls and roofs as recommended by the build'i'ng i envelope/roofing consultant in fiscal year 2010111 facility study. The facilities we are focusing on this year are: Fiire Stations #2, #4, and the Iron Horse Golf Course Cart Barn. The scope of work includes the removing replacing several courses of brick to install through wall counter fleshings, replacing (loose exterior wall tiles, removing/replacing expansion joint sealants and caulk, adding roof mounted exhaust vents, gutter systems, roof drains, and replacing metal wall panels. The facilities in this year's project were identified:: as having conditions which allowed:: water to enter. These corrective measures will seal the buiilclings'walls and: roofs and alllow the water to be directed towards drains and: away from the buil6ng walls. Performing these repairs willI extend the (life of the facility, maintain the integrity and improve the incloor air quaHty. Reserves funding is Building Services Fund Reserve. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering 1112012 01Y2013 Land /ROW Acquisition Construction 01312013 08Y2013 Other REVISION EXPLANATION Savings from from FC1 3018 Overhead Door Replacement are being requested to complete the scope of this project. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES Reserves - Building Services Fund:: Reserve $91,5010 $91,5010 $91,5001 0 $01 Reserves - Building Services Fund Reserve 6,0101) 6,0010 $6,0001 0 $01 0 $01 Total $911 ,5010 $6,00101 $97,5010 $0 $97,5001 PROJECT EXPENDITURES Professionall Services $0 $01 Engineering/Design 0 $01 Laind/IROW Acquistion 0 $01 Construction 91,5010 16,000 97,5010 $97,5001 Other 0 $01 ITotal 1 $911 ,5010 1 $6,00,01 $97,50,01 $0 1 97 5f1t1 IMPACT ON OPERATING BUDGET Reduce maintenance and utilities expenses. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 1 01 01 01 01 01 01 B-29 I Packet Pg. 275 ] ATTACHMENT B Facilities Capital Projects Building Demolition FC1310 PROJECT DESCRIPTION & JUSTIFICATION This project consists of feasibility studies, asbestos surveys, removal of any asbestos contained materials, and demolition of city owned facilities. The demolition of structures shallI include foundations and flatwork, as necessary. Demolition of structures and flatwork to provide a clean site for future investment and or development opportunities. The funding in "Other" represents savings from the Facilities operating funds, and Building Services Fund Reserve. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services 017/2013 09Y20,14 Engineering Land /ROW Acquisition Construction 018/2013 09120,14 Other REVISION EXPLANATION $9,0100 in project savings, from FC1 3018 Overhead Doors Replacement are being requested to complete the scope of this project. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES Other $601,0010 $601,0010 $60,0001 0 $01 Reserves - Building Services Fund Reserve 91,0100 9,0010 $9,0001 0 $01 0 $01 Total $601,0010 1 $91,00101 $69,00101 $0 69, 01001 PROJECT EXPENDITURES Professionall Services $7,0010 $7,0010 $7,0001 Engineering/Design 0 $01 Laind/IROW Acquistion 0 $01 Construction 53,0010 91,000 62,0010 $62,0001 Other 0 $01 ITotal 1 $601,00,01 $9,00,01 $69,00,01 $0 1 IMPACT ON OPERATING BUDGET Positive impact towardis reducing vacant facilities and reduction of building maintenance. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 01 01 01 01 01 Od B-30 IPacket Pg. ATTACHMENT B Facilities Capital Projects City (Hall (Municipal Government Complil FC1205 PROJECT DESCRIPTION & JUSTIFICATION This project is for the design, acquisition, and construction of a new municipal complex up to 183,0010 square feet to consolidate multiple city services and': departments into one location. The new City Hall (Municipal Government Complex) will include the following city services and:: departments: City Hall, Police Department (including Police Property, Traffic, Crime Scene and SWAT), Municipal Court, Parks Administration, Citicable, Fire Administration & Emergency Management, and Neighborhood Services. The proposed 183,0010 square feet wound be constructed:: to provide Public Safety operations 93,000 square feet, City Hall 75,000, square feet, and:: Municipal Court 15,0100 square feet. The square feet dimensions by function could be redefined during the design process. The new City Hall (Municipal Government Complex) will allow the City to position multiple City services and:: departments into one conducive location for the Residents, Employees, and:: Visitors of North Richland Hlills. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services 017/2012 09Y20,16 Engineering 01712012 0912016 Land /ROW Acquisition 016/2012 02Y20,13 Construction 1212013 09Y20,16 Other REVISION EXPLANATION Revision of total cost in order to account for the construction of City Point Drive and:: the need to move funds from various project expenditures to other project expenditures as needled. Total Project Cost decreased:: from $70,0100,0010 to $68,5001,0010. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES General Obligation Bonds $48,0100,0010 $48,0001,0010 $0 $48,0010,0001 Certificates of Obligation 0 0 0 22,000,000 $22,0010,0001 Certificates of Obiliglation 0 1,500,000) (1,500,000) 0 ($1,5010,0100) 0 $01 0 $01 Total $48,,01001,0010 ($1,50110,010,01)l $46,5001,0010 $22,000,0100 $68,5010,01001 PROJECT EXPENDITURES Professionall Services $4,665,847 $278,350 $4,944,197 $0 $4,944,197 Engineering/Design 282,0010 0 282,0010 0 $282,0001 Lail Acquistion 2,726,169 (2,563,384) 162,785 0 $162,785 Construction 34,969,565 1,570,435 36,5401,0010 20,500,000 $57,040,0001 Other 5,356,419 714,599 6,071,018 0 $6,071,018 ITotal r $48,01001,00,01 T-0 1 $48,0001,0010 $20,500,000 500 000 IMPACT ON OPERATING BUDGET Operating impact will be addled after Consultants are hired': and provide a Performa on estimated expenditures. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 1 01 01 01 01 01 Od 8 -31 I Packet Pg. E7 ] ATTACHMENT B Facilities Capital Projects City (Hall (Municipal Government Complil FC1205 PROJECT DESCRIPTION & JUSTIFICATION This project is for the design, acquisition, and construction of a new municipal complex up to 183,0010 square feet to consolidate multiple city services and': departments into one location. The new City Hall (Municipal Government Complex) will include the following city services and:: departments: City Hall, Police Department (including Police Property, Traffic, Crime Scene and SWAT), Municipal Court, Parks Administration, Citicable, Fire Administration & Emergency Management, and Neighborhood Services. The proposed 183,0010 square feet wound be constructed:: to provide Public Safety operations 93,000 square feet, City Hall 75,000, square feet, and:: Municipal Court 15,0100 square feet. The square feet dimensions by function could be redefined during the design process. The new City Hall (Municipal Government Complex) will allow the City to position multiple City services and:: departments into one conducive location for the Residents, Employees, and:: Visitors of North Richland Hlills. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services 017/2012 09Y20,16 Engineering 01712012 0912016 Land /ROW Acquisition 016/2012 02Y20,13 Construction 1212013 09Y20,16 Other REVISION EXPLANATION This revision was to amend the existing contract with Balfour Beatty Construction to adjust the guarantee maximum price of the City Hall (Municipal Government Complex) project. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES General Obligation Bonds $48,0100,0010 $0 $48,0001,0010 $250,0100 $48,250,0001 Certificates of Obligation 0 0 0 18,600,000 $18,6010,0001 Other 0 0 0 1,650,0100 $1,650,0001 0 $01 0 $01 Total $48,,01001,0010 $01 $48,0001,0010 $20,500,000 $68,5010,01001 PROJECT EXPENDITURES Professionall Services $4,944,197 $0 $4,944,197 $0 $4,944,197 Engineering/Design 282,0010 0 282,0010 0 $282,0001 Lail Acquistion 162,785 G 162,785 0 $162,785 Construction 36,5401,0010 87 ,4119 37,416,419 21,229,337 $58,645,756 Other 6,0171,018 (876,419) 5,194,599 0 $5,194,599 ITotal r $48,01001,00,01 T—01 $48,0001,0010 $21,229,337 $69,2 IMPACT ON OPERATING BUDGET Operating impact will be addled after Consultants are hired and provide a Performa on estimated expenditures. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected Od B-32 I Packet Pg. 276 I ATTACHMENT B Facilities Capital Projects NRH Animal Adoption & Rescue Center New (Facility ES0201 PROJECT DESCRIPTION & JUSTIFICATION This project entaills buil6ng a new facility of roughly 9,900, square feet to replace the older antiquated facility currently in use. The new facility will be able to provide additional kennel capacity, adoption areas, sick and incoming i'solati:on areas, and a separate entry and exit to reduce cross-contamination issues, as welll as additional storage space and work areas. The new Adoption Center is needed to enhance adoption and customer service operations, miinimize animal overcrowding, reduce cross contamination between sick and:: well ) animals, provide needled material/equipment storage and staff work areas, and:: allow for a future on-site adoption related:: minor surgical center. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services 04/20016 07120,13 Engineering 12/20016 06/20,13 Land /ROW Acquisition Construction 018/2013 06/20,14 Other REVISION EXPLANATION Additional funding sources have been identified for this project. $16,150 in additional donations have been received. $7001,0010 in Pay As You Co Reserves and issuance of $270,000 in C. 's will be used:: to fund the remainder of the project. If additional dionations are received, they will be utilized to offset the issuance of the additional C.O.'s. Project costs have increased and are being reflected in this revision. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES CC's $1,3001,0010 $1,3001,0010 $1,3010,0001 CC's 1,2001,0010 270,000 1,4701,0010 $1,470,0001 Pay As You Co Reserves 7001,000 7001,0010 $7010,0001 Animal Shelter Fund Raising 913,850 16,150 9301,0010 $930,0001 1 0 $01 Total $3,413,850 $986,1501 $4,4001,0010 $0 $4,4010,01001 PROJECT EXPENDITURES Professionall Services $1001,0010 $1001,0010 $1010,0001 Engineering/Design 415,760 415,760 $415,7601 Lail Acquistion 0 $01 Construction 2,898,090 '985,150; 3,884,240 $3,88442401 Other 0 $01 ITotal $3,413,850 1 $986,150 1 $4,4001,0010 $0 400: 000 IMPACT ON OPERATING BUDGET Additional staff wil1l be required to maintain and operate the Adoption Center. In March 2014, one (1) full-time Kennel) Technicians, and one (1) part-tiime Kennel Technician wil1l be hired to begin training. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 46,9601 81,7091 82,9391 84,1971 85,485 1 $381.2 8 -33 I Packet Pg. 2779 ] ATTACHMENT B Facilities Capital Projects Overhead Doors Replacement FC1308 PROJECT DESCRIPTION & JUSTIFICATION This project consists of replacing (8) complete overhead doors including panels, tracks, torsion springs, rollers, operating mechanism, remote controller andi: safety edges at Fire Station #3 ($57,600). The overhead door assemblies at Fire Station #3, are origiiinal installed:: equipment. Maintenance work orders have increased in the past few years. Daily operations opening and closing of these doors has caused components to break. Complete replacement of the overhead doors at the facility will extend the lifespan, reduce maintenance requirements, improve the safe Operations of the doors, improve operations of each department as well as improve the exterior aesthetics. Reserves funding is Building Services Fund Reserve. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering 1212012 02120,13 Land /ROW Acquisition Construction 01312013 04120,13 Other REVISION EXPLANATION Savings from this project are being requested for the city facilities envelope and roofing project (FC1301). FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES Reserves - Building Services Fund:: Reserve $48,6010 $48,6010 $48,6001 0 $01 Reserves - Building Services Fund Reserve 1(6,000) (6,000) ($6,0100) 0 $01 0 $01 Total $48,6010 ($6,010,0111 $42,6010 $0 $42,6001 PROJECT EXPENDITURES Professionall Services $0 $01 Engineering/Design 0 $01 Laind/IROW Acquistion 0 $01 Construction 48,6010 ( ,0100) 42,6010 $42,6001 Other 0 $01 ITotal 1 $48,60,01 ($6,00,01) 1 $42,60,01 $0 1 42 6[l0 IMPACT ON OPERATING BUDGET Positive impact towards reducing maintenance required:: and extending the llifespan of each facility. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 01 01 01 01 01 Od B-34 I Packet Pg. KO I ATTACHMENT B Major 9Capitall Equipmen't Capital Projects 20'13 Duimip Truck Replacement (Uniit 691) FS1302 PROJECT DESCRIPTION & JUSTIFICATION This is the replacement of a 1997 Chevrolet Kodiak tandem dump truck, Ulnit 691, assigned to the Public Works Street Division. At the 10-year interval, equipment is evaluated for replacement based:: on frequency of use, the number of like equipment in the fleet, equipment condition, and: the availability of parts and service. The dump truck will be 16 years old when replaced with an estimated 1201,0010 miles. The replacernient dump truck would be equipped with an energy-efficient clean-burning diesel engine which meets the replacement gu,idellines of the Clean Fleet Vehicle Program. Funding source is Certificates of Obligation. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering 1012012 11 Y20,12 Land /ROW Acquisition Construction 1212012 05Y20,13 Other REVISION EXPLANATION The funding sources for this project are being revised. $5,0100, is to be funded:: from Equipment Services Reserve instead of C.O.S. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES Certificates of Obligation $105,0010 ($,5,,00,0) $1001,0010 $1010"0001 0 $01 Reserves - Equipment Services Reserve 5,0100 5,0010 $5,0001 0 $01 0 $01 Total $1105,0010 $01 $105,0010 $0 $11015,01001 PROJECT EXPENDITURES Professionall Services $0 $01 Engineenng/Design 0 $01 Laind/IROW Acquistion 0 $01 Construction 105,0010 105,0010 $11015,0001 Other 0 $01 ITotal 1 $1105,0010 1 $01 $105,00,01 $0 1 105 000 IMPACT ON OPERATING BUDGET Reduce maintenance and:: utilities expenses. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL jProjected 1 01 01 01 01 01 01 8 -35 I Packet Pg. 2871 ] ATTACHMENT B Economic Development Capital Projects Strategic Land Acquisition ED1401 PROJECT DESCRIPTION & JUSTIFICATION This is for the purchase of property. This project acquires property for strategic economic development use. Funding Source - Other Note: Other: Funding source represents Utility Fund Reserves to be reimbursed upon completion of project. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services 1012.0113 09/2015 Engineering Land /ROW Acquisition Construction Other REVISION EXPLANATION This project is being added for strategic. land acquisition. The project is currently being funded by Utility Fund Reserves but will be reimbursed upon the completion of the project. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES Other - Utility Fund Reserves $3,,22 ,240 $3,226,240 $3,226,2401 0 $01 0 $01 0 $0, 0 $01 Total 1 $01 $3,226,2401 $3,226,240 $0 $3,226,2401 PROJECT EXPENDITURES Professionall Services $3,226,240 $3,226,240 $3,226,2401 Engineering/Design 0 $01 Laind/IROW Acquistion 0 $01 Construction 0 $01 Other 0 $01 ITotal $01 $3,,226,2401 $3,226,240 1 $0 1 $3,2 IMPACT ON OPERATING BUDGET No operating impact anticipated. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTA JProjected 1 01 01 01 01 01 01 8 -36 I Packet Pg. K2 ] ATTACHMENT B Economic Development Capital Projects TIF 1 Expansion - Intersection Improvements/Utility Burial ED0601 PROJECT DESCRIPTION & JUSTIFICATION This project will consist of making improvements at two intersections and burying approximately 1.25 miles of above ground utilities located along Boulevard 26. The two intersections are Boulevard 26 at Rufe Snow Drive and': Glenview Drive. These two locations represent a portion of an overall branding and marketing communication strategy planned:: for the section of Boulevard:: 26 South of Loop 820. The aesthetic improvements planned at these two intersections include landscaping and streetscapingi improvements approved by the Richland Hills and North Richland:: Hills Oversight Committee. These intersection improvements, are recommended as part of the South Grapevine Corridor Highway Study to stimulate private development within this corridor. The intersection improvement project is a joint venture between the City's of North Richland Hills and Richland Hills of which Richland Hills will pay for 50% of the cost on each intersection. Burying of utilities along the NRH side of Boulevard 26 is part of the TIF#1 expansion efforts as approved by the City and all taxing entities. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering 015/20016 08/20,12 Land /ROW Acquisition Construction 01812012 1212614 Other 013/20017 101120,13 REVISION EXPLANATION This transfer is needed:: to cover funding for a suppllemental agreement executed between the City and Cobb Fendley for professional services. The agreement was approved by City Council in June 20,13 FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES Certificates of Obligation $3,0100,0010 $,0 $3,0001,0010 $3,0010,0001 0 $01 0 $01 0 $01 0 $01 Total $3,01001,0010 $01 $3,0001,0010 $0 $3,0010,01001 PROJECT EXPENDITURES Professionall Services $0 $1001,0010 $1010,0001 Engineemng/Desiign 5501,0010 0 5501,0010 $550,0001 Laind/IROW Acquistion 4501,0010 1(100,0100) 3501,0010 $350,0001 Construction 2001,0010 0 2001,0010 $2010,0001 Other 0 $01 ITotal $1,2001,0010 1 $01 $1,2001,0010 $0 200 000 IMPACT ON OPERATING BUDGET Minimal operation impact is anticipated. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 TOTAL JProjected 01 01 01 01 01 Od 8 -37 I Packet Pg. 2It3 ] ATTACHMENT B Other Capiltal Projects At�imos Residentiial Energiy Efficiency IProgiram, ES 1201 PROJECT DESCRIPTION & JUSTIFICATION The City has a contract with Atmos to provide low income NRH residents with energy effiicient measures to their homes such as wall and attic insulation, duct sealing, repair/replacement of hot water heaters, caulking. This is a reimbursement type grant. An audit of the home is performed before and after the energy efficiency measures are completed to report the effectiveness of the work. Atmos allows up to $1,500, per home. This grant funding will provide energy efficiency to low income residents making their homes safer, more marketable and reduce their energy bills as well as the amount of energy u,sed.Other funding is provided:: by the Residential Energy Efficiency Program Grant from ATMOS Energy. *The revision in FY1 3Y14 is being made to accurately reflect the budget amounts requested:: for this program from ATMOS since the date of inception in 2011/12. PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering Land /ROW Acquisition Construction 10/2012 0912014 Other REVISION EXPLANATION The revision is being made to accurately reflect the amounts budgeted:: for this project since its inception in 2012. The funding was approved in priior years; however, the totals are being consolidated into one project for ease of use and reconciliati,on purposes. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THIRU REMAINING PROJECT 2013114 RIEVISION 2013114 BALANCE COST FUNDING SOURCES tither' $0 $01 Atmos Energy Grant 356,859 356,859 $356,8519 0 $01 0 $01 0 $01 Total $356,859 $01 $356,859 $0 $356,859 PROJECT EXPENDITURES Professionall Services $0 $01 Engineering/Design 0 $01 Laind/IROW Acquistion 0 $01 Construction 356,859 356,859 $356,859 Other 0 $01 ITotal 1 $356,8591 $01 $356,8591 $0 1 $3 IMPACT ON OPERATING BUDGET No operating impact is anticipated. JANNUAL OPERATING IMPACT 1 2013114 1 2014116 1 2015116 1 201612017 1 201712018 1 TOTAL JProjected 01 01 01 01 01 01 8 -38 I Packet Pg. 2874 ] I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 N5 ISC Ink Ul I i Nk -919 05 From- The Office of the City Manager Subject- Conduct a Public Hearing on the Fiscal Year 2014/20115 Proposed Tax Rate Presenter- Mark Mills, (Director of Budget & Research Summary. The City Council is requested to open a public hearing on the proposed 61 cent per $1100 of valuation tax rate and receive public comment. At the conclusion of the public comments, Council is requested to announce Monday, September 22, 20114 as the date of the vote on the adoption of the tax rate. After this announcement, Council is requested to close the public hearing. No action is required at this hearing as it is held for the purpose of receiving public comment. General) Description: State legislation requires the City to hold two public hearings on the proposed property tax rate if the proposed rate exceeds the (lower of the effective tax rate or the rollback rate. For Fiscal Year 2014-2015, the effective tax rate is 59.6348 cents and the rollback rate is 61.0103 cents. Because the proposed 61 cent tax rate exceeds the effective tax rate two public hearings are required. The second public hearings is scheduled for Monday, September 8, 20114 during the regular 7-00 p.m. City Council meeting. The vote to adopt the proposed tax rate of 61 cents is scheduled to appear on the September 22, 2014 Council agenda for the regular 7-00 p.m. City Council meeting. If adopted, this will maintain the current 61 cent tax rate. This would be the third consecutive year that the tax rate has remained at 61 cents. Individual taxpayers' property taxes may decrease, increase or remain the same dependlingi on the appraised value of their property. Senior and disabled property owners that have a tax ceiling (even if their property values have )increased) will pay the same amount of property tax as the previous year unless their appraised property value decreased. They then would pay a (lesser amount of property tax. Recommendation. Open a IPubllic Hearing on the Fiscal Year 2014/20115 Proposed Tax Rate, Receive Public Comments on the Proposed 61 Cent Tax Rate, Announce Monday, September I Packet Pg. 285 I UDL "W NOKTH KICHLAND WLLS 22, 2.414 as the Date of the Vote on the Adoption of the Tax Rate, and Close the Pub[ic Hearing. I Packet Pg. 286 I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 N5 ISC IM21 I i Nk -919 05 From- The Office of the City Manager Subject- FP 2014-03 Consideration of a Request from J & J NRH 100 FLP for a Fin4l Plat of Thornbridge East Phase V; Belingi 43 Single Farnfly Residential Lots on 15.407 Acres Located at 78117 and 7909 Precinct Line Road. THIS IITEM WAS CONTINUED FROM THE AUGUST 11; 20114 CITY COUNCIL MEETING. Presenter- Clayton Comstock, Senior Planner Summary. J & J NRlH FLP is requesting approval of a Final Plat for Thornbridge East Phase V on 15.407 acres of land on the west side of Precinct Line Road between Kirk Lane and B&IsNre IDrnve. This phase of Thornbridge East consists of 43 singlle-farnfly residential lots, 3 open space lots, a gas valve station lot and lot dedicated to a retention/detention pond (See report for SUP 2014-07). General Description: CURRENT ZONING: The City Council approved the current "R-2" Single Famfly Residential zoning on December 9, 2013 (Case ZC 2013-1 6), COMPREHENSIVE PLAN: Low Density Residential CURRENT PLATTING: The property is currently described as multiple unp[atted tracts within the W.C. Newton Survey, Abstract No. 1182 and the S. Richardson Survey, Abstract No. 1266 totaling 15.407 acres. The Preliminary Plat for which this proposal is based was approved by the Planning & Zoning Commission on December 19,. 2013 (PP 20113-07). There have been two other Preliminary Plats approved with different subdivision designs in the past. This particular request has the most number of residential lots and utilizes the most area for the development. THOROUGHFARE PLAN: The dev6lopment proposes to connect to and extend the existing Bentley Drive and GlIendara IDrnve to create a new subdivision entrance onto Precinct Line Road. Precinct Line Road is classified as a "'P7U" 7-lane undivided principal arterial with 130 feet of right-of-way and a design speed of 4045 MPH. No additional right-of-way is required by this plat. I Packet Pg. 287 I UDL "W NOKTH KICHLAND WLLS ROUGH PROPORTIONALITY DETERMINATION: 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 Gity's design criteria. PLANNING & ZONING COMMISSION: The Planning & Zo6ing Commission considered this item at their July 17, 2014 meeting and voted 6-0 to recommend approval. See the staff report for SUP 2014-07 for meetings minutes. STAFF RECOMMENDATION: Approval) of FP 2014-03. 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C.� Amf J F Q Q4 7 4 q ILI TT Wj SOR 55 x 3AM MWOM&U 8f It- -- T9 -w- -OF Ll JOIX r, IQ qj 74'V�6 ff --,f d, P'N -0 IL ;17 rx ar, F Iy 155 `\,A, 4 li Iupl FTIF M �77 7F, za kll L y 2B, agE m S& Cc. T vi _7 F rumul I g, cml,�ll lK Ll.11 ! 0 � g T 7 � , 6 - III m a his Vy 7r _J v '!06o 3 o dV R V t uj A 17 z 3AW H H uz T 4 I v Im C14 6 CL 4, 0 001,01- EXCERPT FROM THE MINUTES OF THE JULY 17, 20'14 PLANNING AND ZONING COMMISSION IMEETIING SUP 2014-07 Public Hearing and Consideration of a request from J & J NRH 100, FLP for a Special Use Permit for a Detention/Retention Pond on 1.817 at the southern terminus of Bentley Drive. THIS PUBLIC HEARING IS CONTINUED FROM THE JUNE 19, 20'14 MEETING. FP 2014-03 Public Hearing and Consideration of a request from J & J NRH 100 FLP for a Final Plat of Thorn bridge East Phase V; being 43 single family residential lots on 15.407 acres located at 7817 and 7909 Precinct Line Road. Clayton Comstock, came forward to present the staff overview. Applications SUP 24 and FP 2014-03 prefer to be discussed together, as both apply to the same project. The retention pond would be for a continuous hold of water. Surrounding the pond would be a retaining wall plus Ilandscaplin. Agreement has been made to install perpetual tree irrigation. Open space would be for utility easement and park area. co Caroline Waggoner came forward to speak to the Little Bear Creek corridor. Mluch of this area is in the flood plain. Development of Thombhdge diverted flow to Little Bear Creek. Evaluation of the diversion channel prior to Thornbhdge phases 11 and 111111 is why we would allow a detention pond to m,itigiate storm water run-off. The pond would also provide an aesthetic appeal. The fifty (50) foot minimum distance between pond and the nearest property line provided a buffer to m,itigiate run off. Little Bear Creek lis the only natural tributary. It has had increased debris and water flow from the development. City wfli maintain where they have public right of way. Chairman IRandalll Sh,iflet reiterated that the city does not have the ability to go onto private property to maintain even though lit is a natural tributary by ordinance. Applicant, Jason Weaver-, 2405 Mustang Drive; Grapevine, TX; Civil IEngfiineer with Goodwin and Marshall, representingi Mr. Barfield and Our County Homes, came forward to present his application. He appreciates Ms. Waggoner's and MIr. Comstock's overview of the project. Slide presentations show the existing twenty two (22) acres of watershed that discharges unto two (2) different drainage ditches. Twenty.six (20.6) acres will flow into the proposed detention point. The result is improved drainage and discharge rate of nearly all of the development. J & J NRlH 100 has obtained land from Mr. Barfield to lincrease the development size. Chairman Randall Shliflet opened Public Hlearingi of C.2 Special Use Permit and C.3 Final (Plat at 07.59 PM . Angela Stevens; 71132 Stoney brook; wished not to speak, but to express opposition. Austin Stevens; no address-, wished not to speak, but to express opposition. I Packet Pg. 295 Rick Stevens; 7132 Stoney brook Drive came forward in opposition. This is his Mom's property. Prior to this evening's presentation, nothing was presented to us in writing of what Mr. Barfield was offered. Our problem, is the water drainage into ditch, A. It has always been a minor ditch. Ditch B was always the main drainage for this area. The ditch, is three (3) feet deep. It already blocks access to the opposite side of our own property. It is his belief that there will be more floodingi and greater erosion with higher population density. We request that this proposal be denied and sent back to engfiineeringi. Chairman IRandalll Sh,iflet reiterated that all of the information presented by Mr. Stevens was received and presented to staff and has been reviewed with engineering. There is a definite downstream problem, south of Kirk Lane. Rick Stevens stated that the city does have the famfly's permission to come onto our private property to make repairs on Little Bear Creek. The property has been in the family for 70 years. There has been thousands of acres of development flowingi into that creek with no improvements. Nlo-one comes to clean it up. And the area is still operating with the same bridge from the 1930's. Chairman, IRandalll SNflet asked if someone could have a look at the culvert and bridge at Little Bear Creek on the Smith property. Dianna Smith, 90112 Glendara (Drive; acting IHIOA President of Thiornbridge East, Phases 11, 111 and IV; came forward in favor. IHler property backs up to where that detention pond would be located. She has been in favor of prior excellent developments with Our Country IHlomes. Chairman, Randall ShJflet closed IPubllic Hearing of C.2 Special Use Permit and C.3 Fin4l Plat at 08.05 PM. F&I U :3 -TGATAF&I I Bill Schio,pper motioned to, approve SUP 2014-07 as proposed. The motion was seconded Iby Mark Haynes. The motion passed unanimously (6-0). Don Bowen expressed faith, in city staff that if engineering says the flooding will get better, it will do so, despite Mr. Steven's skepticism. Don, Bowman motioned to approve FP 2014-03. The motion was seconded by Bill Schio,pper. The motion passed unanimously (6-0). IPacket Pg. 29116 ) I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 N5 ISC Fink Ul I i Nk -919 05 From- The Office of the City Manager Subject- Award a Construction Contract for the Mleadowview Estates Channel Drainage Improvements Project to IHlumphre y & Morton Construction Company, Inc. in the Amount of $11,296,,046.40. Presenter- Caroline Waggoner, City Engineer Summary. The City Council is being asked to award a construction contract for the CIP Project identified as "Meadowview Estates Channel IDralinage Improvement" in the Gapitall Projects Budget. General) Description: On August 7, 2014, a bid opening was conducted for Project #�DR1004, the Meadowview Estates Channel Drainage Improvements Project (the "Project"). This project consists of removal and reconstruction of an existing concrete-lined drainage channel in the Me,adowview Estates subdivision along a tributary to Little Bear Creek (Stream LB-1). In addition to the new channel, a series of retainlingi walls will be provided for slope staU[ization where the dralinage easement approaches the adjacent residential properties, and new fencing will be provided along the residential property Mines where the existingi fencing has to be removed. Notice of the city's intent to bid was advertised in local newspapers as required by State statute, and posted on the city's Website. Bid specifications were viewed on the city's website by multiple entities. The project received eight (8) bids, whiich, were opened during the August 7t" bid opening. The project was set up as a standard Base Bid only project. The bids are provided below: CONTRACTOR NAME BASE BID Humphrey & Morton $ 1,296,,046.40 KI utz $ 1,448, 686.86 CCD 16uilders $ 1,409,,852.06 1 Infrastructure & Road 1 $ 1,493,,862.00 1 FNH 1 $ 1,499,,712.00 I Packet Pg. 297 I UDL "W NOKTH KICHLAND WLLS C. Green Scaping $ 1,621,,179.10 HQS $ 1,737,,416.50 DC1 $ 2,032, 5'43.00 The design engineer recommends awardlingi the contract to the lowest Udder, Humphrey & Morton Construction Company, Incorporated. Humphrey & Morton successfully performed simflar work in the City of North Richland Kills in the past. This contractor reconstructed the Holliday West Channel in 2004, the Iron Horse Goff Course gaUon project at the 16t'� tee in 2010, as well as other miinor projects over a number of years. There is sufficient construction funding for this project in the 2013-2014 Capital Projects Budget. The approved Construction budget for this project is $2,085,000. Attachments: Exhibit A- Me,adowview Estates Channel — Project Location Map Recommendation. Award of Project IRFB No. 14-027 to Humphrey & Morton Construction Company, Inc. in the Amount of $1,296,046.40 for the Construction of the Me,adowview Estates Channel Drainage Improvements Project (DR1004) I Packet Pg. 298 Meadoiwview Estates Channel I� Packet Pg. 299 I UDL "W NOKTH KICHLAND WLLS 10101IJ ilk A5 N5 ISC Ink Ul I i Nk -919 05 From- The Office of the City Manager Subject- Announcements - Council Member Lombard Presenter- Mary Peters,, Public Information Officer Summary. General Description: ,announcements: The new school year has begun and all motorists share the responsibility of making sure students arrive to school safely. The City of North, Richland HJfls reminds drivers to stop for school buses that are loadlingi and unloading,, put down your cell phones in school zones and obey the crossing guards. Remind your chiilldren to use designated cross walks and do not block cross walks when dropping students off or picking them up. City Hall and other non-emergency City offices will be closed on Monday, September 1st, in observance of the Labor Day holiday. NRH20, Iron Horse Golf Course and the NRH Centre will be open. Garbage and recycling will not be collected on Labor Day. Monday collections will shift to Tuesday and Tuesday collections will be made on Wednesday. Join Team URH at the 2014 Heart Walk. The 3 mile walk will be held Saturday, September 13th, starting at 8-30 a.m. at the Fort Worth, Stockyards. Visit heartwallk.org to join the City of North Richland Hills team or to make a donation online. Kudos Korner: Every Council Meeting, we, spotlight our employees for the great things they do. Tonight we recognize.- Gary Taylor of the Planning & Development Department - A citizen emailed to say how much he appreciated Gary's help in resolvingi an apartment maintenance issue. The fam,illy had requested several times that the apartment management make repairs. After four months of waliting, they contacted Gary. Less than 24 hours later, the repairs were being completed. He was very thankful for the assistance Gary provided and was glad his elderly mother no longer had to worry about the problem. IPacket Pg. 001, "W M X1.1_ Packet Pg. 3 01 '