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Home My WebLink AboutCC 2017-10-02 Agendask4Ft,D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, OCTOBER 2, 2017 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Welcome and introduction - public official, public employee or citizen. 3. Discuss TxDOT's proposal to install raised medians on Davis Boulevard (FM 1938). 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. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.087: Deliberate regarding economic development negotiations - Lot 1 and 2, Block 25 Snow Heights Addition. Monday, October 2, 2017 City Council Agenda Page 1 of 4 2. Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - City Secretary. 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 - COUNCIL MEMBER RODRIGUEZ A.2 PLEDGE - COUNCIL MEMBER RODRIGUEZ 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. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the September 25, 2017 regular City Council meeting. B.2 Consider Reimbursement Resolution No. 2017 -039 for the Fiscal Year 2017/2018 Capital Improvement Program and associated equipment and services in an amount not to exceed $6,690,000. B.3 Consider Resolution No. 2017 -038 Approving the Texas State Library and Archives Commission Special Projects Grant for STEM kits for the Maker Spot. B.4 Approve purchase of a Frazer ambulance from Mac Haik Dodge Chrysler Jeep in the amount of $289,975.00. Monday, October 2, 2017 City Council Agenda Page 2 of 4 B.5 Approve award of Bid No. 17 -022 to Sunbelt Pools Inc. in the amount of $544,720.00 for the removal of two existing Whiten filters and the purchase, installation and startup of three Neptune Benson Defender Filters, Model #SP -49, or approved equal, at NRH2O Family Water Park. C. PUBLIC HEARINGS C.1 RP 2017 -09, Public hearing and consideration of a request from HP Civil Engineering, LLC for a replat of Lot 1 R, Block C; Lot 2R, Block A; and Lot 1 R, Block B, Hometown -Dolce Addition on 9.824 acres located at 8900 Vermillion Street, 6021 Ashbury Street, and 6021 Parker Boulevard. C.2 SUP 2017 -06, Ordinance No. 3480, Public hearing and consideration of a request from Kevin Travell for a special use permit for an accessory building larger than 1,000 square feet on 2.015 acres located at 7504 Bursey Road. C.3 SUP 2017 -05, Ordinance No. 3481, Public hearing and consideration of a request from U -Haul for a special use permit for a waiver of the masonry requirement for an automobile shade structure on 3.089 acres located at 8213 Boulevard 26. CA SDP 2017 -04, Ordinance No. 3482, Public hearing and consideration of a request from Pacheco Koch Consulting Engineers, Inc., for a special development plan for the TEXRail Smithfield Station parking lot on 8.246 acres located at 6408 and 6416 Smithfield Road. C.5 RP 2017 -06, Public hearing and consideration of a request from Pacheco Koch Consulting Engineers, Inc., for a replat of Lots 2R1 and 11 R1, Block H, Smithfield Addition on 8.246 acres located at 6408 and 6416 Smithfield Road. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E.1 Adopt Resolution No. 2017 -040, authorizing execution of the Second Amendment to the Wastewater Transportation Contract (Walker - Calloway System) with the Trinity River Authority of Texas. Monday, October 2, 2017 City Council Agenda Page 3 of 4 E.2 Approve the Wholesale Wastewater Services Agreement with the City of Fort Worth and authorize the City Manager to Execute the Agreement F. GENERAL ITEMS F.1 Authorize the purchase of a Tactical Surveillance Robot from ICOR Technologies in the amount of $60,071 F.2 Consider Ordinance No. 3478, amending Appendix A of the City of North Richland Hills Code of Ordinances and amending the fees charged under Sections 78 -121 and 78 -125, related to water and water meters. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER WRIGHT OUJESKY H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, September 29, 2017 by 3:00 PM. This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. Monday, October 2, 2017 City Council Agenda Page 4 of 4 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items 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. r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Welcome and introduction - public official, public employee or citizen. PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Discussion of TxDOT's proposal for raised medians on Davis Boulevard PRESENTER: Caroline Waggoner, City Engineer Summary: Public Works staff will make a presentation of the proposed raised median projects currently being considered by TxDOT. General Description: TxDOT recently notified City staff that they have received grant funding for two raised median projects in the City of North Richland Hills on Davis Boulevard (FM 1938), which is their jurisdictional roadway. The two projects combine to stretch from Harwood Road in NRH, approximately 7 miles north to FM 1709 in Southlake. TxDOT has indicated that the grant that they received is a highway safety improvement grant and Davis Boulevard met the qualifications. TxDOT has also changed their opinion about certain roadway sections having a continuous left turn lane. If Davis Boulevard were constructed today TxDOT would have raised medians instead of the continuous left turn lane. Of course, constructing raised medians where none previously existed creates some challenges that didn't exist. Staff will present TxDOT's raised median plan and discuss the positives and negatives. TxDOT wants to move forward with this project and is open to suggestions from the city, but they want the city's support. Staff is seeking direction from Council on whether to support the installation of medians on Davis Boulevard. r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Approve minutes of the September 25, 2017 regular 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 meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting 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 minutes of the September 25, 2017 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 25, 2017 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of September at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Staff Members CALL TO ORDER Oscar Trevino Scott Turnage Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth Mike Benton Tim Welch Mark Hindman Karen Bostic Paulette Hartman Jimmy Perdue Mike Curtis Alicia Richardson Maleshia B. McGinnis Mayor Mayor Pro Tern Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director City Secretary City Attorney Mayor Trevino called the meeting to order at 6:00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Council had no questions for staff. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. Director of Neighborhood Services Stefanie Martinez introduced the City's new code compliance officer Sherry Butler. September 25, 2017 City Council Meeting Minutes Page 1 of 9 3. DISCUSSION OF THE OPIOID CRISIS Director of Public Safety Jimmy Perdue provided Council with an update on the national opioid addiction epidemic. The National Vital Statistics System reports that 78 people die every day from heroin and opioid overdoses in the United States. Opioids are medicines that relieve pain, and can be natural from the poppy plant or synthetic (man- made). Common prescription opioids include: hydrocodone, oxycodone, morphine, fentanyl, and codeine. Studies show that 80% of the global opioid is consumed in the United States and America consumes 99% of the world's manufactured hydrocodone. Heroin, is an illegal narcotic, used recreationally to achieve effects similar to those caused by presecription opioids. The National Survey on Drug Use and Health reports that "nearly half of young people who use heroin report abusing prescription pain killers before starting heroin." The federal government is dedicating $60 million to fight the opioid epidemic. Mr. Perdue informed Council the Police Department is actively involved in monitoring activity in North Richland Hills. The North Richland Hills Fire Department carries Narcan, which is used to block the effects of opioids. If needed, this can be administered in the field as a nasal spray. 4. LEGISLATIVE UPDATE Director of Public Safety Jimmy Perdue provided Council with an overview of legislation recently passed during the 85th Legislative Session. Senate Bill 4, also known as immigration enforcement, does not provide police officers the authority to enforce immigration laws. An officer may question a lawfully detained person about their immigration status. This authority was in effect prior to passage of Senate Bill 4. It is important to note that an officer may not inquire about a person's immigration status if the person is a victim or witness to a criminal offense, unless it is to provide information about a federal protection visa. The bill prohibits a local entity from adopting, enforcing, or endorsing a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws. In summary, police officers may not arrest a person for a violation of immigration law. The police officer may inquire about someone's immigration status if the person has been lawfully detained, which must be documented in a report. A detainer is only valid for someone who has already been arrested. Any arrested persons will be fingerprinted in the jail and their prints will automatically run through the immigration detainer. Senate Bill 1849, also known as the Sandra Bland Act, provides for three important changes to laws /regulations affecting law enforcement operations- - change to Criminal Code of Procedures that increase the data collection required for racial profiling; - mandated to make a good faith effort to divert certain persons (suffering from a mental September 25, 2017 City Council Meeting Minutes Page 2 of 9 health crisis or effects of substance abuse) from arrest; and - additional training requirements for critical incident training Mr. Perdue reviewed the legislation that prohibits texting while driving. It is an offense to use a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle, unless the vehicle is stopped. A violation of this law is a Class C offense. City Attorney Maleshia McGinnis reviewed the following bills passed during the 85th Legislative Session. House Bill 339 governs electrical contractor registration fees. The new law became effective September 1, 2017. It prohibits cities from charging electricians a registration fee. Staff will bring forward a proposed ordinance to eliminate registration fees for electricians and similar trades. In keeping in line with surrounding cities, staff will bring forward an ordinance to increase building permit fees to recoup revenue. House Bill 7 governs tree mitigation fees. It adds a new section (212.905) to the Local Government Code, which prohibits cities from requiring an existing residential homeowner to pay a tree mitigation fee for removing trees that are less than 10 caliper inches. This law will have minimal impact on the City's current tree regulations (Chapter 114, City's Code of Ordinances.) Staff will bring forward an ordinance to revise Chapter 114. The effective date for House Bill 7 is December 1, 2017. House Bill 577, amends Code of Criminal Procedures Articles 55.01 and 55.02 to add municipal courts to the type of courts that may hear expunction cases. It applies to cases punishable by fine only. The bill is retroactive and applies to expunction of records before, on or after the effective date of September 1, 2017. EXECUTIVE SESSION Mayor Trevino announced that Council would conduct Executive Session following the last item on the regular agenda. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order September 25, 2017 at 7:00 p.m. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tern September 25, 2017 City Council Meeting Minutes Page 3 of 9 Staff Members Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth Mike Benton Tim Welch Mark Hindman Karen Bostic Paulette Hartman Jimmy Perdue Mike Curtis Alicia Richardson Maleshia B. McGinnis A.1 INVOCATION Mayor Pro Tern Turnage gave the invocation. A.2 PLEDGE Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director City Secretary City Attorney Mayor Pro Tern Turnage led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2017 HEART WALK CAMPAIGN PRESENTATION Planning Manager Clayton Comstock informed Council the 2017 Heart Walk Employee Campaign raised $11,296. The 2017 Heart Walk Campaign Committee consisted of Clayton Comstock, Chair; John Chapman, Planning and Zoning Department; David Smith, Fire Department; Nancy Halcomb, Human Resources Department; Rick Scott, Police Department; Ricky Bryant, Public Works Department; Ryan Steele, Parks and Recreation Department; and Cecilia Barham, Library. A check was presented to Tarrant County Heart Walk representatives Stacy Richardson and Kendall Rydell. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. September 25, 2017 City Council Meeting Minutes Page 4 of 9 B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED THE CONSENT AGENDA COUNCIL MEMBER LOMBARD MOVED, SECONDED BY MAYOR PRO TEM TURNAGE TO APPROVE THE COSENT AGENDA. MOTION TO APPROVE CARRIED 7 -0. B.1 APPROVE MINUTES OF THE SEPTEMBER 11, 2017 REGULAR CITY COUNCIL MEETING. B.2 CONSIDER RESOLUTION NO. 2017 -036, NOMINATING MARK WOOD AS A CANDIDATE FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS. B.3 CONSIDER ANNUAL PURCHASE FROM DRISCOLL AUTOMATIC CONTROLS INC. FOR UNINTERRUPTED POWER SUPPLY SERVICES IN THE AMOUNT NOT TO EXCEED $71,372.00. B.4 CONSIDER PURCHASE OF HINO FLATBED TRUCK FROM RUSH TRUCK CENTER IN THE AMOUNT OF $56,022.45. B.5 AUTHORIZE THE PURCHASE OF REPLACEMENT MOBILE DATA COMPUTERS FOR THE FIRE DEPARTMENT FROM PORTABLE COMPUTER SYSTEMS, INC., DBA PCS MOBILE, IN THE AMOUNT OF $144,408.04. B.6 CONSIDER RESOLUTION NO. 2017 -034, APPROVING THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) FY 2018, PROGRAM GRANT APPLICATION EFFECTIVE OCTOBER 1, 2017. B.7 CONSIDER PURCHASE FROM GLOBAL BUILDING MAINTENANCE, INC. FOR JANITORIAL SERVICES FOR ONE YEAR IN THE AMOUNT NOT TO EXCEED $ 77,740. B.8 APPROVE ANNUAL INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE CITY OF FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM. C. PUBLIC HEARINGS There were no items for this category. D. PLANNING AND DEVELOPMENT September 25, 2017 City Council Meeting Minutes Page 5 of 9 There were no items for this category. E. PUBLIC WORKS EA CONSIDER ORDINANCE NO. 3477 AMENDING SECTION 54 -166 OF THE CODE OF ORDINANCES TO RESTRICT PARKING ON DESIGNATED PORTIONS OF BRIDGE STREET AND ICE HOUSE DRIVE IN HOME TOWN. APPPOVFn City Engineer Caroline Waggoner presented the item. The purpose of the ordinance is to restrict parking on designated portions of Bridge Street and Ice House Drive in Home Town. Both streets provide for designated on- street parking spaces. The spaces on Ice House Drive are parallel to the travel lane and Bridge Street includes both parallel and diagonal parking stalls. The intent is to provide on- street parking without compromising travel lanes and forcing motorists to cross the center line to avoid parked cars. The proposed ordinance restricts parking to the striped stalls constructed adjacent to the travel lanes only. Areas not suitable for parking will be identified by signage at the end of each roadway and painted curbs at all restricted locations. City staff will notify adjacent property owners of the new parking standards. The proposed ordinance will go into effect 30 days following approval by Council. A MOTION WAS MADE BY COUNCIL MEMBER BARTH, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3477 MOTION TO APPROVE CARRIED 7 -0. F. GENERAL ITEMS F.1 AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR ACCESS TO THEIR ACTUARIAL CONSULTING SERVICES THROUGH GABRIEL, ROEDER, SMITH, & CO. APPROVED Director of Finance Mark Mills presented item. The purpose of the agreement is to allow the City access to North Central Council of Governments' (NCTCOG) actuarial consulting services with Gabriel, Roeder, Smith, & Co ( "GRS "). It is necessary for the City to seek actuarial services for a study to be used for new Governmental Accounting Standards Board (GASB) reporting standards. Upon execution of the interlocal agreement with NCTCOG, the City will enter into a client- specific service level agreement with GRS based on the City's reporting requirements. September 25, 2017 City Council Meeting Minutes Page 6 of 9 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BENTON TO AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR ACCESS TO THEIR ACTUARIAL CONSULTING SERVICES THROUGH GABRIEL, ROEDER, SMITH, & CO. MOTION TO APPROVE CARRIED 7 -0. F.2 AUTHORIZE REJECTION OF ALL BIDS RECEIVED FOR BID NO. 17 -019 FOR THE NRH2O BEACHSIDE BAY CABANA PROJECT. APPROVED Director of Community Services Vickie Loftice presented item. Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER WELCH TO AUTHORIZE REJECTION OF ALL BIDS RECEIVED FOR BID NO. 17 -019. MOTION TO APPROVE CARRIED 7 -0. F.3 CONSIDER RESOLUTION NO. 2017 -037, APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION. APPROVED City Secretary Alicia Richardson informed Council the item before them this evening is to consider the recommendation of Mayor Pro Tern Turnage. Due to the vacancy created by Mr. Schopper's resignation, Mayor Pro Tern Turnage is recommending the appointment of Mason Orr (existing alternate on Planning and Zoning Commission) to Place 6 on the Planning and Zoning Commission. A MOTION WAS MADE BY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE RESOLUTION NO. 2017 -037. MOTION TO APPROVE CARRIED 7 -0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA September 25, 2017 City Council Meeting Minutes Page 7 of 9 Mayor Trevino announced that Council would consider this item later in the meeting. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Barth made the following announcements. Don't forget National Night Out is next Tuesday, October 3, 2017. Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Contact the Police Department for more information. Join us for the annual NRH Road Runner 5K on Saturday, October 7, 2017 starting at Green Valley Park. This year's race will benefit the Community Enrichment Center and HELP Inc. Visit the website to register and get more information. Also, on the evening of Saturday, October 7, 2017 join us at the City Hall plaza for a free concert by The Eggmen, followed by a laser light show. Food trucks will also be on site. The concert begins at 7:00 p.m. Seating will be on the lawn, so remember to bring your blankets or lawn chairs. Visit our website or call the Parks Department for more details. Kudos Korner - Terry Scherer in Public Works - A citizen emailed to say how thankful she was that Terry responded to sewer issues at her home. Even though it was after normal work hours, he was polite and helpful, she said. She is glad that someone is there to respond even on nights and weekends and appreciates the city's emphasis on providing good customer service to everyone. Council member Rita Wright Oujesky announced that she received a kudos from her friend for the Public Works Department. Over the weekend, there was a water main break on Sandhurst. City employees knocked on doors in the neighborhood to inform citizens of the water main break. Her friend was hosting an open house that day, and city employees assisted by providing her with gallons of water. She is very thankful for the outstanding customer service. Mayor Trevino announced at 7:28 p.m. that the City Council would convene into Executive Session to consider matters as authorized by Chapter 551 of the Texas Government Code Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - City Secretary and Section 551.087: Deliberate regarding economic development negotiations - 9000 Hawk Avenue. Executive Session began at 7:33 p.m. and concluded at 8:27 p.m. Mayor Trevino reconvened the meeting at 8:29 p.m., with the same members present. September 25, 2017 City Council Meeting Minutes Page 8 of 9 G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that no action is necessary as the result of Executive Session. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:29 p.m. Oscar Trevino, Mayor Alicia Richardson, City Secretary September 25, 2017 City Council Meeting Minutes Page 9 of 9 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Consider Reimbursement Resolution No. 2017 -039 for the Fiscal Year 2017/2018 Capital Improvement Program and associated equipment and services in an amount not to exceed $6,690,000 PRESENTER: Mark Mills, Finance Director SUMMARY: The 2017/2018 Capital Projects Budget includes items to be funded with general obligation bonds and certificates of obligation. The City Council is requested to consider approval of a reimbursement resolution. Approving a reimbursement resolution for these items allows the bidding and awarding of contracts before receipt of the bond proceeds. GENERAL DESCRIPTION: In order to reimburse expenditures with the proceeds of future debt, a resolution must be approved authorizing such reimbursement. The Council last approved a similar resolution in November 2016. The reimbursement resolution itself does not authorize the issuance of bonds; it only stipulates that any expenses made before the bond sale may be reimbursed with bond proceeds. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. A Spring 2018 bond sale, or earlier, is anticipated. Nine (9) capital projects utilizing either General Obligation Bonds ( "GO's ") or Certificates of Obligation ( "CO's ") as a funding source have been identified for Fiscal Year 2017/2018. The total amount of debt for these projects, including issuance cost, is estimated at $6,690,000. The reimbursement resolution prepared for Council approval includes the projects and equipment contained in the following table: k4FItH NORTH RICHLAND HILLS Project Type Debt Type Project Number Project Title Amount Street GO ST0401 Davis Blvd / Mid - Cities Blvd Intersection $550,000 Public Works CO PW1602 Meadow Lakes Drive & Rufe Snow Drive Intersection $1,315,000 Utility CO UT1607 Walker Branch Interceptor $2,200,000 Utility CO UT1801 Assess and Repair 16 -inch Water Transmission Line $500,000 Utility CO UT1802 Misc. Water /Sewer Main Replacement $420,000 Utility CO UT1803 Small Water Main Replacements $420,000 Aquatic CO WP1802 Main Filtration Replacement $600,000 Fleet CO FS1801 Ambulance Replacement $295,000 Fleet CO FS1802 Bucket Truck $220,000 Estimated Issuance Cost $170,000 Tota 1 $6,690,000 * - Amount includes $1 million authorized by reimbursement resolution dated May 9, 2016 RECOMMENDATION: Approve Reimbursement Resolution No. 2017 -039 for the Fiscal Year 2017/2018 Capital Improvement Program and associated equipment and services in an amount not to exceed $6,690,000. RESOLUTION NO. 2017-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, AUTHORIZING REIMBURSEMENT OF CAPITAL EXPENDITURES WITH RESPECT TO PROCEEDS OF DEBT HEREAFTER TO BE INCURRED. WHEREAS, the City of North Richland Hills, Texas (the "Issuer ") intends to issue debt for the acquisition of street and sidewalk capital projects, utility capital projects, aquatic park capital projects, and fleet vehicles and equipment as more specifically identified on attached Exhibit A (collectively, the "Project ") and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150 -2 (the "Regulation "), to fund such reimbursement with proceeds of tax - exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax - exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. The Recitals set forth above in this Resolution are found to be true and accurate and are hereby incorporated into this Resolution for all purposes. 2. The Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer and that this Resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $6,690,000. AND SO IT IS RESOLVED. PASSED AND APPROVED this the 2nd day of October, 2017. CITY OF NORTH RICHLAND HILLS, TEXAS Oscar Trevino, Mayor Resolution No. 2017 -039 Page 1 of 3 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Finance Director Resolution No. 2017 -039 Page 2 of 3 EXHIBIT A PROJECTS INCLUDED IN REIMBURSEMENT RESOLUTION (collectively, the "Project ") Project Type Debt Type Project Number Project Title Amount Street GO ST0401 Davis Blvd / Mid - Cities Blvd Intersection $550,000 Public Works CO PW1602 Meadow Lakes Drive & Rufe Snow Drive Intersection $1,315,000 Utility CO UT1607 Walker Branch Interceptor $2,200,000 Utility CO UT1801 Assess and Repair 16 -inch Water Transmission Line $500,000 Utility CO UT1802 Misc. Water /Sewer Main Replacement $420,000 Utility CO UT1803 Small Water Main Replacements $420,000 Aquatic CO WP1802 Main Filtration Replacement $600,000 Fleet CO FS1801 Ambulance Replacement $295,000 Fleet CO FS1802 Bucket Truck $220,000 Estimated Issuance Cost $170,000 Tota 1 $6,690,000 - Amount includes $1 million authorized by reimbursement resolution dated May 9, 2016 Resolution No. 2017 -039 Page 3 of 3 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Consider Resolution No. 2017 -038 to Approve the Texas State Library and Archives Commission Special Projects Grant for STEM kits for the Maker Spot. PRESENTER: Cecilia Barham, Library Services Director SUMMARY: The purpose of this item is to approve the Texas State Library and Archives Commission (TSLAC) Competitive Grant for purchase of circulating science, technology, engineering and math (STEM) kits for the Maker Spot. GENERAL DESCRIPTION: In March 2017 the Library completed a Grant Initiation Form to apply for a TSLAC Special Projects Grant for the purchase of circulating STEM kits for The Maker Spot. This competitive grant does not require matching funds. In August 2017 the Library received notification of award for $30,611.00. The grant contract was reviewed by the City Attorney and signed by the City Manager in September 2017. Pursuant to the changes in the grant approval process that take effect on October 1, 2017, the Library is proactively submitting this grant for Council approval. Although awarded under the prior policy that does not require approval for grants under $50,000.00, the funds will be expended under the new policy. RECOMMENDATION: Approve Resolution No. 2017 -038. RESOLUTION NO. 2017-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, APPROVING A GRANT TO THE LIBRARY FOR PURCHASE OF STEM KITS FOR THE MAKER SPOT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas State Library and Archives Commission Competitive Grant and make appointments for the conduct of business relative to Grant #478- 18015, FAIN #LS- 00 -17- 0044 -17; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to request the funds available under this Grant to be used for the purchase of circulating STEM kits for the Maker Spot; and WHEREAS, the City Council of North Richland Hills agrees that in the event of loss or misuse of the Special Projects, the City Council of North Richland Hills assures that the funds will be returned to the Texas State Library and Archives Commission in full; and WHEREAS, The City Council of North Richland Hills designates Director of Library Services Cecilia Barham as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE NORTH RICHLAND HILLS, TEXAS: 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. 2. That the City Council of North Richland Hills approves acceptance of funds from the Texas State Library and Archives Commission Competitive Grant #478 - 18015, FAIN #LS- 00 -17- 0044 -17. PASSED AND APPROVED ON THIS THE 2ND DAY OF OCTOBER, 2017. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Cecilia Barham, Library Services Director TEXAS STATE LIBRARY & ARCHIVES COMMISSION SPECIAL PROJECTS GRANT PROGRAM Grant Number: 478 -18015 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Subrecipient: City of North Richland Hills, North Richland Hills Public Library 9015 Grand Ave North Richland Bills, TX 76180 -0936 DUNS No.: 097985824 II. TERM OF GRANT September 1, 2017, through August 3l, 2018 (State Fiscal Year (SFY) 2018) 111. STATEMENT OF SERVICES TO BE PERFORMED Subrecipient shall provide services as outlined in the approved grant application (Special Projects Grant for SFY 2018) as approved by TSLAC. Grant funds must be used to meet TSLAC and Federal goals. The Subrecipient must report information relating to best practices and performance outcomes during the period of this contract. The approved grant application submitted by Subrecipient is incorporated into this contract as if fully set forth herein. In the event of any conflict between the grant application and this contract, this contract shall prevail. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $30,611.00. Indirect costs, as included in the total amount awarded, shall not exceed 0.000 or 50.00 as indicated in the budget below. B. Source of funds: Institute of Museum and Library Services (IMLS) CI DA Name: Grants to States CFDA #: 45.310 Federal Award Identification #: LS- 00 -17- 0044 -17; Federal Award Date: January 18, 2017 C. The Subrecipient is restricted to one of two methods for requesting funds from TSLAC. The Subrecipient may request reimbursement of actual expenditures for the Subrecipient's normal billing cycle, or advance payment for estimated expenditures to be incurred in the 30 -day period following the request. Only Subrecipients providing documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from TSLAC and disbursement of grant funds will be allowed to request advance payments. D. The Subrecipient must request payments from TSLAC using TSI,AC's Request for Funds form (RI'T) via 'I SI.AC's online Grant Management System (GMS). located at https: "grints.tsl.tcxas.gov, Requests may be submitted to `TSLAC no more often than once every 30 days, and no less often than once per quarter. funds will be processed and paid to the Subrecipient provided TSLAC has received a fully executed contract, and Subrecipient has fulfilled all reporting and training requirements for current and preceding contacts and submitted supporting documentation with the RI 1-. G. When submitting an RFF for reimbursement, the Subrecipient must provide TSLAC with supporting documentation, such as receipts, paid invoices, time sheets, and/or pay stubs to support the amount requested before payment will be processed. Subrecipient must submit the final request for reimbursement no later than September 30, 2018. F. The Subrecipient may not obligate or encumber grant funds after August 31, 2018. All obligations and encumbrances must be liquidated or paid no later than October 15, 2018. G. Interest earned in excess of $500 on advanced funds, must be returned to TSLAC, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended grant funds must be returned to TSLAC per requirements in UGMS. If the Subrecipient does not expend funds on a regular basis and/or provide notice relating to unexpended funds by June 15, 2018, TSLAC reserves the right to act as necessary to reduce any unexpended balances, including reducing the amount specified in Section IV. A. above. H. Per the approved grant application, funds are authorized according to the following budget: Salaries /Waees /Benefits $ 0.00 Travel S 0.00 EE ui mcnt x,00 Supplies /Materials 530.611.00 Services $ 0.00 Consultant Fees $ 0.00 Indirect Costs $ 0.00 Total $30,611.00 SFY 2018 Special Projects Grant - 478 -18015 l of "6 TSLAC V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Subrecipient must request a budget and/or program revision for fiscal and/or programmatic changes as outlined in this Section. Subrecipient must submit a change request for budget and/or program revisions electronically on TSLAC's GMS. Under no condition may a Subrecipient request to exceed the total grant amount. TSLAC must receive all change requests on or before July 15, 2018. Requests received after this date will generally be declined, but may be considered on a case -by -case basis if extenuating circumstances exist. Subrecipient must submit a budget and /or program change request to TSLAC before obligating or expending grant funds under any of the following conditions. A. Fiscal changes require an approved budget revision under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects that arc expected to exceed ten (10) percent of the total grant; 2. Transferring any funds into a budget cost category that currently equals hero ($0); 3. Expending any program income earned through the utilization of resources funded by this grant; or, 4. Changing the items listed in the approved budget categories if an item's cost or features arc substantially different from what the approved grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved grant application require an approved program revision under any of the following conditions: I . Obtaining the services of a third party to perform activities that are central to the purposes of the grant; or, 2. ('hanging the scope or objectives of the approved program, regardless of whether there is an associated budget revision. A change in scope is a substantive difference in the approach or method used to reach program objectives. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. If conditions described in Section V.A.I. are met, any fiscal change to items listed in the Equipment budget category specified in Section IV. FI of this contract will require a pre - approved budget revision. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges such as taxes, duty. protective in- transit insurance, freight, and installation may be included in or excluded from the expenditure cost in accordance with the Subrecipient's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Subrecipient will comply with UGMS Part 111, Subpart C, See. 32 (d)(3) requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. Equipment costing $5,000 or more per unit requires approval before purchase. In those instances. TSLAC will secure approval from IMLS on behalf of the Subrecipient, and inform Subrecipient of approval once received. 1). Subrecipient must fumish a statement to TSLAC certifying the governing entity's capitalization level with the signed grant contract. Subrecipient agrees to maintain records on all equipmenUproperty with an acquisition cost above governing entity's capitalisation level. I i. Subject to the obligations and conditions set forth in UGMS, title to equipment acquired under a grant will vest in the Subrecipient upon acquisition. Subrecipient must include any equipment/property acquired with grant funds in the required biennial property, inventory, and follow the UGMS requirement that the Subrecipient reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This biennial inventory does not need to be submitted to TSLAC, but must be maintained by the Subrecipient and will be subject to review and /or audit by TSLAC. When property is vested in the Subrecipient, Subrecipient wilt dispose of equipment/property in accordance with UGMS. When the Subrecipient has been given federally or state - owned equipment/property, Subrecipient will follow the guidance as set forth in UGMS. V11. REPORTING REQUIREMENTS The State Legislature has charged TSLAC with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Subrecipient acknowledges responsibility for performing certain services on behalf of TSLAC, as outlined in the approved grant application. Therefore, the Subrecipient is responsible f'or submitting periodic reports that reflect the Subrecipient's level of performance on these services to TSLAC. To comply with these requirements, the Subrecipient agrees to submit reports that are timely, accurate. auditable, and consistent with definitions. A. The Subrecipient agrees to develop or revise. as necessary, any specific written documentation of its current procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and/or, (3) any other issues identified in the Subrecipient's grant activities or internal audit. Drafts of this procedural documentation will be submitted to TSLAC by dates established mutually between TSLAC and Subrecipient. TSLAC wilt provide review and guidance to enable final versions to he approved on or before established deadlines B. The Subrecipient agrees to submit quarterly performance reports detailing grant- funded activities via the TSLAC GMS on or before due dates listed in the following schedule. In the event that a due date falls on a weekend or state holiday, the respective report will be due on the next business day, Subrecipient agrees to submit. Legislative Budget Board (LBB) measures, as defined by "I'SLAC, in the reports, and to work with agency staff in the development and reporting of Project outcomes. LBB measures may include the numbers of; a) books and other materials purchased with grant funds; b) persons provided grant - sponsored services; and:'or c) library staff trained or assisted in order to cant' out the grant - funded activities. S Y 2018 Special Protects Grant- 478 -f8015 2 of 16 1 SO, AC Reportine Period Due Date Q1 (September 1, 2017 — November 30, 2017) December 7, 2017 Q2 (December I, 2017 — February 28, 2018) March 7, 2018 Q3 (March 1, 2018 —May 31, 2018) June 7, 2018 Q4 (June 1, 2018 — August 31, 2018) September 7, 2018 C. The Subrecipient will ensure that all Fiscal reports or vouchers requesting payment under this agreement will include a certification, signed by an official who is authorized to legally bind the Subrecipient, that the reports are true, complete, and accurate, and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the award. The Subrecipient acknowledges that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject the signing official to criminal, civil or administrative penalties for fraud, false statements, false claims, or otherwise. (2 CFR §200.415(a)) D. The Subrecipient agrees to submit an audit certification form for the auditable period encompassing August 31, 2018, to I SLAC no later than December 31, 2018, or other deadline as specified by TSLAC. F. If a single audit is required, the Subrecipient will comply with the Supercircular (2 CFR §200.512 Report Submission). The audit shall be completed and the required data collection form submitted to the Federal Audit Clearinghouse (FAC) within the earlier ot'30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency that provided the funding or a different period is specified in a program- specific audit guide. F. TSLAC reserves the right to withhold final payment on this Grant until all required reports and forms are received VIII. GENERAL TERMS AND CONDITIONS A. The Subrecipient will comply with the Special Projects Grant Program Guidelines for SFY 2018. B. The Subrecipient will comply with the Rules for Administering the Special Projects Grant, Texas Administrative Code (TAC), Title 13, Part I, Chapter 2, Subchapter C, Division 4, Rules 2.410- 2.412; and Iitle 13, Part I, Chapter 2, Subchapter C, Division 1, Rules 2.110 -2.119 regarding General Grant Guidelines. C. The Subrecipient will comply with the rules and guidance of the following as applicable: I. Cexas Uniform Gram% Management Standards (UGMS) (hup.s. comptroller texas gov purcrhasing,docs ugms.p4%; and 2. Uniform Administrative Requirements, Cost Principles, aril Audit Requirements for I ederal Awards (2 CFR §200 and §3187 (Supercircular)) ( hops:: federah•egister.gova'2013- 30465). D. The Subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired. under a Federal award. Subrecipient understands that IMLS and "TSLAC reserve a royalty -tree, nonexclusive. and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal or state government purposes. (2 CFR `200.315 ) E. Subrecipient understands that the federal awarding agency, IMLS, and TSLAC have the right to: I . obtain, reproduce, publish or otherwise use, the data produced under a Federal award; and 2. authorize others to receive, reproduce, publish or otherwise use such data for Federal or state government purposes. F. All publicity relating to the grant award must include acknowledgment of the Institute of Museum and Library Services ( wtivw .imis.gov,'t-ecipients�'imis acknowledgement.aspx) and the Texas State Library and Archives Commission. Publicity includes, but is not limited to press releases, media events, public events. displays in the bencliting library, announcements on the Subrecipient's website, and materials distributed through the grant project. The Subrecipient will provide TSLAC with one set of all public relations materials produced under this grant w ith the final quarterly performance report. G. Subrecipients will comply with all Federal statutes relating to nondiscrimination. `these include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) that prohibits discrimination on the basis of race, color, religion or national origin; (b) "Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and § §1685 - 1686). that prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on the basis of disability and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. § §6101- 6107), that prohibits discrimination on the basis of age; (c) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive .Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism: (g) §523 and §527 of the Public I fealth Service Act of 1912 (42 U.S.C. §290 dd -3 and §290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.). as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statute(s) that may apply to the application. 11. Subrecipient understands that acceptance of funds under this contract acts as acceptance of the authority of duly authorized representatives of TSLAC, IMLS, the Comptroller General of the United States, and the Texas State Auditor's Office, or any successor agencies, to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with said representatives in the conduct of the audit or investigation and agrees to provide access to all books, documents, papers, examinations, excerpts, transcripts, copies, and any other records necessary to conduct the audit and/or investigation. Subrecipient will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient, and the requirement to cooperate, is included in the contract for any sub -grant awarded. Sf•Y 2018 Special Projects Grant -- 478 -18015 3 of6 TSLAC 1. The Subrecipient, if a private entity, will comply with f cdcral Caw pertaining to trafficking in persons. Subrecipient and its employees may not: L Fngage in severe forrns of traff icking in persons during the period of time that the award is in effect; 1 Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under the award J. The Subrecipient agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for three years after the last State Program Report for the Texas LSTA 5 -Year Plan 2013 -2017 is submitted on December 31. 2018. The Subrecipient must maintain all grant - related records through December 31, 2021. Subrecipients that operate as state agencies must comply with S.B. 20 (Section 441.1855) relating to state agency contracting and the retention of all contract - related documents. In the event the Subrecipient or receiving entity no longer exists, the Subrecipient will notify TSLAC in writing providing the name of the legal entity that will maintain the records and the location of said records. K. This grant may be terminated by written notice and mutual agreement of both parties. `I "he Germination notice must be given no Tess than 30 days prior to the termination date. Where notice of termination is given, the Subrecipient shall: I, fake immediate steps to bring the work or grant activities to a close in a prompt and orderly manner. Subrecipient will complete reporting requirements outlined in Section VII of this document and in a manner mutually agreed upon by both parties as part of the closeout process. 2. Reduce expenses to a minimum and not undertake any forward commitment. All contracted funds that are not spent, encumbered or obligated at the time of notice of termination shall revert back to `TSLAC according to processes established in Section IV.G. of this document and according to a timeline mutually agreed upon by both parties. L. In the event the Subrecipient loses all staff prior to the end of the grant period or the termination date, whichever is earlier. the Subrecipient is obligated to fulfill all terms and conditions of the grant with regard to reporting requirements, retention of records and requirements for disposition of equipment and supplies. 1X. ENFORCEMENT A. Remedies for noncompliance. If a Subrecipient materially fails to comply with any term of the contract, whether stated in a state or federal statute or regulation, an assurance in a state plan or application. a notice of award, or elsewhere. 'TSLAC may take one or more of the following actions or impose other sanctions as appropriate in the circumstances: I. temporarily withhold cash payments pending correction of the deficiency by the Subrecipient. or more severe enforcement actiorro by TSLAC; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cast of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current contract for the Subrecipient's program; 4. Withhold further awards for the program; or 5. lake other remedies that may be legally available. B. Hearings. appeals. In taking an enforcement action, 'TSLAC will provide the Subrecipient an opportunity for such hearing, appeal, or other administrative proceeding to which the Subrecipient is entitled under any statute or regulation applicable to the action involved. Appcal /protest procedures are outlined in the Texas Administrative Code (TAC), "title 13, Part I, Chapter 2, Subchapter A, Rule 2.55. C, Effects of "suspension and termination. Costs to Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of an award are not allowable unless TSLAC expressly authorizes them. Other Subrecipient costs incurred during suspension or after termination that are necessary and not reasonably avoidable are allowable if: 1. The costs resulting from obligations that were properly incurred by the Subrecipient before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are noncanceIable; and, 2. The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. 1'1 Relationship to Debarment and Suspension - - - - -- The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient form being subject to "Debarment and Suspension" under Executive Order 125,19 (See UGMS, Part IIf, Subpart C, Sec. 35) and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues bud et andi<x ,ro rrammlls ors _•,per „fonnancc re orts and urfameptTere „nv should be directed to. Erica McCormick, Grants Administrator Phone: 512- 463 -5527/ Fax: 512- 936 -2306 E -mail: emccormi&' tsf.texas.gov SFY 2018 Special Projects Grant- 478 -18015 4 olF 6 TS LAC Questions or documentation relating to requests for funds, payments. and financial status should be directed to: Arturo Villarreal, Grants Accountant Phone: 512- 463 -5472 / Fax: 512- 475 -0185 E -mail: grants. account ingrt)tsl.texas.gov Questions or concerns about advance oavmcnts and other financial issues should be directed to: Rebecca Cannon, Manager, Accounting and Grants Phone: 512- 463 -6626 / Fax: 512- 475 -0185 E -mail: rcannon@tsi.texas.gov tsi.texas.gov Payments from Subrecipient to TSLAC, such as refunds and those for excess advanced funds or for interest earned on advanced funds, should be mailed to the following address with an explanation of the purpose of the payment and the grant number: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 7871 1 -2516 XI. APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. B. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas. and the forum and venue for such disputes shall be Travis County, District Court. C. This grant contract is subject to the availability of funds. TSLAC may reduce or terminate this grant contract when the availability of funding is reduced or eliminated. XII. GRANT CERTIFICATIONS A. TSLAC certifies that: (1) the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of'the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code §441.006, Texas Government Code §441.135; Texas Administrative Code, Title 13, Part I, Chapter 2, Subchapter C, Division 4, Rules 2.410 -2.412 regarding the Special Projects Grant Program; Texas Administrative Code, Title 13, Part I, Chapter 2, Subchapter C, Division 1, Rules 2,1 10-2.1 19 regarding General Grant Guidelines; the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and UGMS. B. The Subrecipient certifies that all costs included in this grant award are properly allocable to federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in accordance with applicable requirements. C. l'he Subrecipient certifies that the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently, and the negotiating agency will be notified of any accounting changes that would affect the predetermined rate. D. The Subrecipient certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Subrecipient shall complete and submit OMB form SF -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in 31 U.S.C. § 1352. E. Subrecipient has provided to TSLAC the mandatory Internet Safety Certification (Certification) that it is in compliance with requirements of the Children's Internet Protection Act (CIPA) for any Federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Subrccipient agrees to collect, as required and appropriate, Certification forms fiom all libraries receiving benefits of Federal funds expended under this contract. F. Subrecipient certifies that neither Subrecipient nor any of its principals (a) are presently excluded or disqualified, (b) have been convicted within the preceding three years of any of the offenses listed in 2 CFR § 180.800(a) or had a civil judgment rendered against it or them for one of those offenses within that time period; (c) are presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in 2 C'FR §180.800(a); or (d) have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default. Where the Subrecipient is unable to certify to any of the statements in this certification, the Subrecipient shall attach an explanation to these Certifications. G. The Subrecipient certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States ('Title 17, U.S. Code). SPY 2018 Special Projects Grant — 478-18015 5 of6 TSLAC 11, In addition to Federal requirements, state law requires a number of assurances from applicants for Federal pass - through or other state - appropriated funds. (UGMS Part I II. Subpart 13. See. 14 -- State Assurances) X111. SIGNATURES The undersigned hereby execute this contract. GRANTOR Texas State Library and Archives Commission Donna Osborne, Chief Financial Officer 8/18/2017 Date Deborah Littrel , Library Development and Networking Director Date Erica McCormick, Grants Administrator 8"" 18 /'2017 Date SUBRECIPI ENT City of North Richland Hills, North Richland Hills Public Library �?_L / *"4tw� Signature (official empowered to enter into contracts) Typewritten or Printed Name I itle Dale ATTEST Alicia Richardson, I' APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, CityAttomey SIN 2018 Spec ial ProTcts Grant -- 478.180 15 6 0 f6 rs i-AC k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Approve purchase of a Frazer ambulance from Mac Haik Dodge Chrysler Jeep in the amount of $289,975.00 PRESENTER: Mike Curtis, Managing Director SUMMARY: The 2017 -18 Capital Budget includes the replacement of a 2006 year -model frontline ambulance. It is being recommended to purchase a new Frazer ambulance. GENERAL DESCRIPTION: The 2017 -18 Capital Budget includes funding in the amount $295,000 for the replacement of a 2006 year -model ambulance, Unit 973 which is currently in frontline service. Due to the importance of standardization for emergency vehicles, Frazer ambulances, built in Houston, TX, have been utilized for almost 18 years. Frazer builds a quality product and provides excellent service and support. Upon delivery, the new ambulance will be placed in frontline service. The City of North Richland Hills is a member of several inter -local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. The Local Government Code allows purchases to be made through a cooperative purchasing agreement in satisfaction of any requirement for competitive bidding. Frazer Ltd. has submitted the BuyBoard quote #275 in the amount of $289,975.00 for a new 14' modular ambulance built on a 2017/18 Dodge chassis. PROJECT NUMBER/ DESC ADOPTED BUDGET BID AMOUNT REMAINING FUNDS FS1801 Ambulance 295,000.00 289,975.00 5,025.00 Frazer submitted the quote through Mac Haik Dodge Chrysler Jeep, their licensed franchise dealer. The estimated delivery date is April 2018. The graphics and miscellaneous items will be installed once the ambulance is delivered. RECOMMENDATION: Approve purchase of a Frazer ambulance from Mac Haik Dodge Chrysler Jeep in the amount of $289,975.00. Index Searches: Search by Vendor Browse Contracts Search: * All 0 Vendor Discounts Only 0 Catalog Pricing Only Refine Your Search: Vendors Mac Haik Dodge Chrysler Jeep (Tires, Ambulances)[X] Price Ranae Show all prices Category None Selected Contract Ambulances[X] Additional Resources imlW 1,l Q Purchase Order Reports. Vendor Contract Information Vendor Name Address Phone Number Email Website Federal ID Contact Accepts RFQs Minority Owned Women Owned Service - Disabled Veteran Owned EDGAR Contract Name Contract Description Contract# Effective Date Expiration Date Service Fee Payment Terms Delivery Days Shipping Terms Freight Terms Ship Via Region Served States Served Additional Info Quote Reference Number Contract Documents Page 1 of 1 Phone: 8,00-695-2919 ::rna ll: nfo@IlauyIlaa:apard . caa:airn tVa Ilc.,c'airne. Sh airoiie Slaua: Aping Carl Y.Ilelp [ Il,c)g cu ff Ba :;k Mac Haik Dodge Chrysler Jeep (Tires, Ambulances) 11000 North Freeway Houston, TX 77037 (281) 768 -1881 dsheehy @machaikdcj.com http://www.machaikdci.com 56- 2457872 David Sheehy Yes No No No No Ambulances Type I modular body with truck or cab /chassis; type II integral cab body on standard van chassis; type III integral or containerized modular body on cutaway van or cab /chassis; service /repair & parts 492 -15 09/01/2015 08/31/2018 Vehicles purchase orders are subject to a $800 service fee Upon delivery 10 Pre -paid and added to invoice FOB Destination Common Carrier All Texas Regions All States Purchase order subject to a $800 service fee. 492 -15 EDGAR Notice: Click to view EDGAR Notice Proposal Documents: Click to view BuyBoard Proposal Documents Regulatory Notice: Click to view Bonding Regulatory Notice Proposal Files: Click to view Vendor Proposal Files Documents Renewal Notice /Letter: Click to view Vendor Renewal Notice /Letter Documents Contact us 800 - 695 -2919 https:Happ.buyboard.com/ Search / Index ?SearchTenn= &Vendorld= 3979 &DiscountProductld = -1 &Contrac... 9/25/2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017- 266016 Date Filed: 09/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MAC HAIK DODGE CHRYSLER JEEP HOUSTON, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. CITY OF NORTH RICHLAND HILLS 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 275 -275 PROVIDE A RAM CHASSIS CAB TO BE TURNED INTO AN AMBULANCE BY FRAZER LTD 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. P MARGARET AYALA Notary ID # 4569577 My Commission Expires —A4 sj q OF 5 April 27, 2020 Signature of authorize gent of confacting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said ® V d' D " " �" t this the f �"' day of An & 20_, to certify whichtness my hand and seal of office. a e of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us version v1.u.333/ k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Approve award of Bid No. 17 -022 to Sunbelt Pools Inc. in the amount of $544,720.00 for the removal of two existing Whiten filters and the purchase, installation and startup of three Neptune Benson Defender Filters, Model #SP -49, or approved equal, at NRH2O Family Water Park PRESENTER: Frank Perez, Aquatic Park Manager SUMMARY: This item is to award the bid for the removal of the two existing NRH2O Family Water Park main filters and the purchase and installation of three new filters. The currently approved capital projects budget includes funding for the project in the amount of $600,000. GENERAL DESCRIPTION: Competitive Sealed Proposals were due on September 1, 2017. Only one bid was received and approval was obtained to open the bid. The bid received was from Sunbelt Pools Inc. in the amount of $544,720.00 which was within the $600,000 budgeted for the project. The Sunbelt Pools Inc. proposal, in the amount of $544,720.00, includes the labor, materials and equipment required to demo and remove two existing main filtration Whitten high rate sand filters and replace them with three Neptune Benson Defender Filters, Model #SP -49, or approved equal, to allow for a flow rate of 3500 gpm, a filter area of 3633 f2 and a filter rate of 0.96 fpm /f2. Installation and startup of new filters are included as well as replacement of piping and valves immediately associated with the filters located at the main filtration area of NRH2O Family Water Park. Sunbelt Pools Inc. is a leading supplier and installer of Neptune Benson Defender Filters both locally and statewide, and is well qualified to complete the filter replacement at NRH2O Family Water Park. They have performed numerous projects for the City, and particularly the water park, and their services have always been completed in a timely manner with a high support level after installation. The project schedule anticipates construction activities to begin in October after the park has closed for the season. While NRH2O Family Water Park is owned and operated by the City, it is not funded by city taxes. It is an enterprise fund that is fully supported by the revenues the park generates. k4FItH NORTH RICHLAND HILLS RECOMMENDATION: Approve award of Bid No. 17 -022 to Sunbelt Pools Inc. in the amount of $544,720.00 for the removal of two existing Whiten filters and the purchase, installation and startup of three Neptune Benson Defender Filters, Model #SP -49, or approved equal, at NRH2O Family Water Park. RFB 17-022 NRH20 WATER PARK MAIN FILTRATION REPLACEMENT BID FORM Date: 8/30/2017 Bidder: Sunbelt Pools, Inc City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas, 76180 Bid #17 -022 The undersigned, understands that his Bid Form is a Competitive Bid and that the selection of the Contractor will be based on the best value to the City as per Section 00 1060, Also, having examined the Bid Documents, comprising the Project Manual, Drawings and Specifications, being sufficiently familiar with the site of the proposed Work, and being familiar with the conditions of this Contract, hereby proposes to furnish all labor, materials, equipment and services, in accordance with all Contract Documents, necessary to complete the project: Main Filtration Replacement Bid #17 -022 NRH20 Water Park North Richland Hills, Texas A. BASE BED I (TAX EXEMPT): Cost of labor, materials and equipment required to demo and remove 2 existing Whitten high rate sand filters in the water park main filtration area and replace them with 3 Neptune Beason Defender Filters, Model #SP-49, or approved equal, to allow for a flow rate of 3500 gpm, a filter area of 3633 f2 and a filter rate of 0.96 gpm/f. Installation and start up of new filters included as well as replacement of piping and valves immediately associated with the filters. ("narec �104LLARS NOTE: Bid amounts shall be shown in words and numbers. In case of ambiguity or conflict, the amount shown in words shall prevail, B. ALLOWANCES: NONE, required for this project, C. ADDENDA: Bidder acknowledges receipt of Addenda as follows: No. none Date No. Date Na. Date D. SUBCONTRACTORS: The undersigned Bidder has predicated his bid costs on and plans to use the following subcontractors: Note: Owner must approve a change in subcontractors prior to contract execution, • I RE Sign Construction: NA Electrical: Puckett Electrical Landscape/ Irrigation: ILI IM F. PROJECT COMPLETION: The above specified project shall be completed by April 1, 2018, including overtime on weekends, noting allowance for inclement weather and provisions for liquidated damages as provided for in Supplementary Conditions. The undersigned Bidder agrees to pay liquidated damages in the amount of $600 per day to Owner for each calendar day of delay until work is substantially completed. This sum is not to be construed in any sense as a penalty. G. INSURANCE AND BONDS: If the undersigned Bidder is notified within sixty (60) days after Bid opening of the acceptance of this Bid and a contract to be awarded, he agrees to provide within ten (10) calendar days after date of Contract award a current certificate of insurance certifying the required insurance coverage (see attachment 'A' for additional requirements). In addition, Bidder agrees to execute the contract for the above mentioned compensations on the standard forms referenced in the Bidding Documents, and if required, further agrees to execute a surety bond for the above work. if. TAXES: The City of North Richland Hills is a tax-exempt entity. Bid amounts as stated above do not include any sales taxes and any other taxes for all labor, materials and appliances. Sunbelt Pools, Inc Firm N e 7 Rob Mor an, Pres Signature of Officer — Title 10555 Piano Road *Scat. Street Address (If Bidder is a Corporation) Dallas, TX 75238 city State Zip ( 214 )722 - 5082 (Area Code) Telephone Number M NON-COLLUSION AFFIDAVIT OF BIDDER State of Texas County of Dallas =1 verifies that: — Sunbelt Peals, Inc has submitted the attached bid. (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SIGNATURE ouns's 111IN 'N I'Mus's I. trim M Day of August NM DEBBIE SMITH NOTARY PUBLIC in and for Notary Public, State of Texas My Commission Explies "r5, 2019 IA County, iiinJ� My commission expires: W, BID CERTIFICA'riON a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to rare, color, national origin, age or sex in the performance of this contract. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: Sunbelt Pools, Inc gmi =1 I FAX 214 722-5092 go, P11111114RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: RP 2017 -09 Public hearing and consideration of a request from HP Civil Engineering, LLC for a replat of Lot 1 R, Block C; Lot 2R, Block A; and Lot 1R, Block B, Hometown - Dolce Addition on 9.824 acres located at 8900 Vermillion Street, 6021 Ashbury Street, and 6021 Parker Boulevard. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of Dolce Living Hometown, LLC, and Hometown Tract I, LLC, HP Civil Engineering is requesting approval of a replat of Lot 1 R, Block C; Lot 2R, Block A; and Lot 1R, Block B, Hometown - Dolce Addition. This 9.824 -acre subdivision includes three lots generally located south of Parker Boulevard along Ashbury Street and Vermillion Street. The proposed replat meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The proposed replat would make the following changes to the previous plats for Hometown - Dolce Addition: 1. Lot 1X, Block B and the associated drainage easement would be abandoned. This lot was an open space lot and median in the right -of -way of Ashbury Drive. The median would not be constructed, but the open space area would be incorporated into Lot 1 R, Block B, on the north side of the street. 2. On Lot 1, Block C, the 20.5 -foot sanitary sewer easement on the south side of the lot would be abandoned and replaced with a 20 -foot sanitary sewer easement. This change would align the easement with the planned location of the sanitary sewer line. As required by Section 212.015 of the Texas Local Government Code and Section 110- 219 of the subdivision regulations, this replat requires a public hearing when the plat is considered the City Council. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Town Center," which directly relates to the Town Center zoning district. This designation establishes development standards to promote a sustainable, high quality, mixed -use P11111114RH NORTH RICHLAND HILLS development. The components of the district — buildings, streets, and public spaces — are intended to create and sustain an integrated pedestrian - friendly living environment. THOROUGHFARE PLAN: The development has frontage on Parker Boulevard, Ashbury Street, and Vermillion Street. On- street parking is provided on all streets. The streetscape will include sidewalks and street trees. CURRENT ZONING: The property is currently zoned TC Town Center. The site is also located in the Neighborhood Core and Neighborhood Center subzones. SURROUNDING ZONING ( LAND USE: North: TC Town Center Town Center West: TC Town Center Town Center South: TC Town Center Town Center East: TC Town Center Town Center PLAT STATUS: The property is currently platted as Lot 1, Block C; Lot 2, Block A; and Lots 1 and 1X, Block B, Hometown -Dolce Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this request at the September 21, 2017, meeting and voted 6 -0 to recommend approval. RECOMMENDATION: Approve RP 2017 -09 y5 W a W _O W O a VERMILLION ST Re K`O I I I I I II I I I ; Vermilion Street , nano „ I 1,2de I _ _____ t:£.wl ,r� __ ___ ■ Fl..d Statement o ry vi¢N t v murex e-d natvmw rmM1,rv,w .em um ,a, n�e n P,Gnorrvomw�nmwe .ga; \ I I I I I \ I� v� Vermillion Street Point of "glnning Lot 1R Block C 13659 Acre l On Street . i ,. 1 _ _ s PRELINIINARY Ovnn oe?catlon HOMETOWN — DOLCE ADDITION LOT I R, BLOCK C LOT 2R, BLOCK A and o ro �^ LOT IL R, BLOCK B DLOCB A, tl0A8TONN -OOILB ADDITION, AN ADOIT/ON TO TH8 CITY 08 NORTA RICHLAND tl/LL4, TARRANT COUNTY, TBYAR, rrtea Ptat /vtert ae /- .,stamen[ rvGO. eo ACCO-U/NC TO — 8L.1T R8COR08D�N COUNTY COP 1. 8/ c. Nam, NORT9 R/CAGND H /LL4,DTARRIM COUNTY. T8XA3, ACCORDING TO TH8 PGT R8COR080 /N COUNTY CLBRXR 8IL8 NUYDBR OSIb088RR, PUT RBCORDR, TARRANT COUNTY, TBYAR Cuse: R ➢- 20i > -09 awlslon ruoces, pd sse oa re ruly tx /orr \ tl GN Comments tlm SM1eetl aft Flood Statement HOF TEXAS LLC 11-1116 rme,003 ar .>.0 surrrewrs cemnl8nob � pRP.LTMN 4RY s oo ns\ R6PLAT HOMETOWN - DOLCE ADDITION LOT IR, BLOCK C - -------- - - - - -- LOT 2R, BLOCK A and Z� rn.s rtat f mt a: rnnt»..,.e..t rvoeee 1. IND RLOCCBC,RtlOYXTOYN —OULCX AHO�ON, SAN AODRIONLTO TNS NUYIeR O8 OOeRRe 0.4 TARINNl COUSNTYIGe /A Ca eTR—1 09 r ,.y Prolecl Number: 150013 reolu� 11.1012 moat idre Sh 2d2en� eta \ f � a I i r Y t r. 11 R 11111 \V J .� F P Brynnlny ' -- -�- " Flood Statement HOF TEXAS LLC 11-1116 rme,003 ar .>.0 surrrewrs cemnl8nob � pRP.LTMN 4RY s oo ns\ R6PLAT HOMETOWN - DOLCE ADDITION LOT IR, BLOCK C - -------- - - - - -- LOT 2R, BLOCK A and LOT I R, BLOCK B BXINC A RXVIX/11 1111 1 ANOT )Y, 1111 R ARR LOT RB LOC A ROY CITY OT NORTH RKHLANB tlIALS, TARMNT COUNTY, TEXAS, cuRXS rn.s rtat f mt a: rnnt»..,.e..t rvoeee 1. IND RLOCCBC,RtlOYXTOYN —OULCX AHO�ON, SAN AODRIONLTO TNS NUYIeR O8 OOeRRe 0.4 TARINNl COUSNTYIGe /A Ca eTR—1 09 Prolecl Number: 150013 reolu� 11.1012 moat idre Sh 2d2en� MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 SEPTEMBER 21, 2017 D.2. RP 2017 -09 CONSIDERATION OF A REQUEST FROM HP CIVIL ENGINEERING, LLC FOR A REPLAT OF LOT 1 R, BLOCK C; LOT 2R, BLOCK A; AND LOT 1 R, BLOCK B, HOMETOWN -DOLCE ADDITION ON 9.824 ACRES LOCATED AT 8900 VERMILLION STREET, 6021 ASHBURY STREET, AND 6021 PARKER BOULEVARD. n nnon1iCn Chairman Randall Shiflet introduced the item and called for Planning Manager Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chairman Shiflet called for the applicant to present their request. Sidney Stratton, 5339 Alpha Road, Dallas, Texas 75240 presented the request on behalf of HP Civil Engineering. Chairman Shiflet asked for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. A MOTION WAS MADE BY VICE - CHAIRMAN STEVEN COOPER, SECONDED BY COMMISSIONER JERRY TYNER TO APPROVE RP 2017 -09. MOTION TO APPROVE CARRIED 6 -0. September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 1 of 1 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: SUP 2017 -06, Ordinance No. 3480, Public hearing and consideration of a request from Kevin Travell for a special use permit for an accessory building larger than 1,000 square feet on 2.015 acres located at 7504 Bursey Road. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of Dohrman and Francie Wintermute, Kevin Travell is requesting a Special Use Permit to authorize the construction of an accessory building larger than 1,000 square feet in floor area on a 2.015 -acre lot located at 7504 Bursey Road. GENERAL DESCRIPTION: The property under consideration is located on the south side of Bursey Road between Londonderry Drive and Bursey Road South. The lot is 2.015 acres (87,773 square feet) in size, and the owners completed renovations of the house in 2016. The owners also propose to construct a 1,500- square -foot accessory building with a 750 - square -foot attached covered parking area. The attached letter provided by the owner explains their request in more detail and describes the overall plan for the property and proposed uses for the building. Section 118- 718(c) of the zoning ordinance establishes the requirements and standards for permanent accessory buildings and structures. The proposed accessory building is compliant with all development standards except for floor area and building height. For lots greater than 40,000 square feet in area, the zoning ordinance allows for consideration of a special use permit for varying from specific development standards, which are described in the table below. Maximum floor area 1,500 square foot building (30' x 50') 1,000 square feet 750 square foot covered parking (30' x 25') Maximum building height 17 feet 6 inches to peak of roof 15 feet (4:12 roof pitch matches house) r4RH NORTH RICHLAND HILLS A site plan, floor plan, and elevation of the building are attached. The building is located near the middle of the lot, with side setbacks of 52 feet and 94 feet and a rear setback of 114 feet. Garage doors are located on the north and south sides of the building, and the building is connected to the main house and street by a paved driveway. All exterior walls of the building are proposed to be brick. There are four existing accessory buildings on the property. The owner has indicated their intent to remove these buildings from the property as part of the construction of the proposed building. Photos of the buildings and a map showing their location on the property is also attached. Special Use Permit The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. The following are the proposed conditions of approval for this SUP application 1. Permitted use. A special use permit is authorized for one (1) accessory building with covered parking on the property. 2. Building size. The accessory building must not exceed one thousand five hundred (1,500) square feet in floor area. The covered parking area attached to the building must not exceed seven hundred fifty (750) square feet. 3. Building height. The accessory building must not exceed 17 feet 6 inches in overall height. 4. Removal of existing buildings. The four existing buildings shown on the attached exhibit must be removed from the property by December 31, 2017. DRC recommendation The Development Review Committee's original recommendation for denial of the special use permit application was based on the following. 1. In December 2014, City Council adopted revisions to standards related to the size of accessory buildings. The standards were updated to allow for buildings up to 1,000 square feet in floor area on lots 40,000 square feet or larger. Prior to this update, the size depended on zoning designation, and property owners would typically request a zoning change to R -1 -S to allow for a larger accessory building. The revisions were intended to help balance community interest in larger accessory buildings on estate and acreage lots with the policy of limiting the use of the R -1 -S district to targeted areas in the city. 2. Alternative development options exist to achieve the desired accessory building square footage on the lot. A 1,000 square foot permanent accessory building may be combined with two 200 - square -foot temporary accessory building to P11111114RH NORTH RICHLAND HILLS provide a near equivalent amount of floor space. Both buildings are permitted by right on the property without the need for approval of a specific use permit. Due to the recent City Council approval of a similar case on Bursey Road and Planning & Zoning Commission's recommendation for approval, the Development Review Committee now believes a review of the zoning ordinance regulations regarding large accessory structure may again be needed. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Low Density Residential." This designation is intended to provide areas for the development of traditional, low- density single - family detached dwelling units. CURRENT ZONING: The property is currently zoned R -1 Single Family Residential. PROPOSED ZONING: The applicant is requesting a special use permit for an accessory building larger than 1,000 square feet in floor area. SURROUNDING ZONING ( LAND USE: North: R -2 Single - Family Residential Low Density Residential West: R -1 Single - Family Residential Low Density Residential South: R -2 Single - Family Residential Low Density Residential East: R -1 Single - Family Residential Low Density Residential PLAT STATUS: The property is currently platted as Lot 4, Block 1, Oakvale Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this request at the September 21, 2017, meeting and voted 6 -0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3480. Z J L F Z = Z J a Z W Z J � Z Y Iq MH PUBLIC HEARING NOTICE KTH I LAND HILLS CASE: SUP 2017 -06 NAME ADDRESS CITY, STATE ZIP * *RESCHEDULED ** The public hearing that was originally scheduled for the October 9 City Council meeting has been rescheduled to October 2 due to a change in the City Council meeting schedule. The public hearing date for the Planning and Zoning Commission will remain September 21. You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map as the Special Use Permit request. APPLICANT Kevin Travell LOCATION 7504 Bursey Road REQUEST Public hearing and consideration of a request from Kevin Travell for a Special Use Permit of Oakvale Addition, Block 1, Lot 4 on 2.015 acres located at 7504 Bursey Road. DESCRIPTION Request for to build a 1,500 permanent secondary structure and remove all other secondary permanent and temporary structures on the property. PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, September 21, 2017 City Council 7:00 PM Monday, October 2, 2017 MEETING LOCATION City Council Chambers - Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning & Zoning Department 1 4301 City Point Drive - NRH 76180 817 - 427 -6300 1 www.nrhtx.com I planning @nrhtx.com Owner Name Address City, St Zip ALSBROOKS, ROBERT 7513 WOODHAVEN DR NORTH RICHLAND HILLS, TX 76182 BALOGA, CHARLES THOMAS 7520 WOODHAVEN DR NORTH RICHLAND HILLS, TX 76182 BELCHER, LARRY C 7901 KENDRA LN FORT WORTH, TX 76182 BLALOCK, EUDY E 7509 WOODHAVEN DR FORT WORTH, TX 76182 BRADY, DEBORAH DELL 1004 SAN JACINTO AVE TEXAS CITY, TX 77590 DEUPREE, KELVIN J 7500 WOODHAVEN DR FORT WORTH, TX 76182 DUGGAR, JEFFERY A 7525 WOODHAVEN DR NORTH RICHLAND HILLS, TX 76182 FARRELL, TERENCE M 7905 KENDRA LN NORTH RICHLAND HILLS, TX 76182 FRAZER, JACQUELINE 7420 BURSEY RD NORTH RICHLAND HILLS, TX 76182 FULLER, RANDALL 7500 BURSEY RD NORTH RICHLAND HILLS, TX 76182 GARAKANIAN, STEVEN 7504 WOODHAVEN DR FORT WORTH, TX 76182 GILLEAN, JAMES R 7901 ARLIE LN NORTH RICHLAND HILLS, TX 76182 GROSS, TIM A 7904 KENDRA LN NORTH RICHLAND HILLS, TX 76182 HESSOCK, MELISSA PO BOX 820846 NORTH RICHLAND HILLS, TX 76182 HJORTH, CAROL L 7512 WOODHAVEN DR FORT WORTH, TX 76182 KALOSA, SUSANNE 7517 WOODHAVEN DR NORTH RICHLAND HILLS, TX 76182 LANE, CONNIE 7449 WOODHAVEN DR NORTH RICHLAND HILLS, TX 76182 LENSING, ALAN 7508 BURSEY RD NORTH RICHLAND HILLS, TX 76182 MCCUTCHEON, MATTHEW 7457 WOODHAVEN DR NORTH RICHLAND HILLS, TX 76182 MORRISON, PAUL L 7453 WOODHAVEN DR NORTH RICHLAND HILLS, TX 76182 MULLENIX, MITCHELL 7900 KANDY LN NORTH RICHLAND HILLS, TX 76182 NUTT, MICHAEL T 7905 KANDY LN NORTH RICHLAND HILLS, TX 76182 REI NATION LLC 130 TIMBER CREEK DR CORDOVA, TN 38018 SALVUCCI, KEITH D 1620 NOTRE DAME AVE BELMONT, CA 94002 SAVAGE, DAVID 7512 BURSEY RD NORTH RICHLAND HILLS, TX 76182 STEYN, DESMOND 7900 KENDRA LN FORT WORTH, TX 76182 THOMPSON, RICKY L 7901 KANDY LN FORT WORTH, TX 76182 WALKER, NARA STAHL 7837 AMY LN NORTH RICHLAND HILLS, TX 76182 WALKER, ZACHARY M 7508 WOODHAVEN DR NORTH RICHLAND HILLS, TX 76182 WINTERMUTE, DOHRMAN 7504 BURSEY RD NORTH RICHLAND HILLS, TX 76182 YOUNG, STEPHANIE ANN 7505 WOODHAVEN DR FORT WORTH, TX 76182 City of North Richland Hills ATTN: David Pendley 4901 City Point Dr. City Representatives for NRH, I would like to introduce myself and family and provide you with background information on why we are requesting a special use permit for 7504 Bursey Rd. My name is Dohrman Wintermute, my wife's name is Francie and our 18 year-old son, Ryan, is a senior at Birdville High School. I've been a resident of North Richland Hills for over 25 years and we're very proud to live in such a great city. f c(On'sto- our re,4 Test ana please let us Know it you nave questions or need additional information. U= ORDINANCE NO. 3480 CASE SUP 2017 -06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW AN ACCESSORY BUILDING LARGER THAN 1,000 SQUARE FEET IN FLOOR AREA TO BE LOCATED AT 7504 BURSEY ROAD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home -rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for an accessory building larger than 1,000 square feet in floor area; and WHEREAS, the owner of the property located at 7504 Bursey Road (the "Property ") has filed an application for a Special Use Permit to allow an accessory building larger than 1,000 square feet in floor area; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 21, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 2, 2017, with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Ordinance No. 3480 SUP 2017 -06 Page 1 of 4 Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize an accessory building larger than 1,000 square feet in floor area on Lot 4, Block 1, Oakvale Addition, commonly referred to as 7504 Bursey Road as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorported for all purposes. Section 3: That the official map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Ordinance No. 3480 SUP 2017 -06 Page 2 of 4 Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills 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 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: 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 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED on this 2nd day of October, 2017. CITY OF NORTH RICHLAND HILLS Ordinance No. 3480 SUP 2017 -06 Page 3 of 4 Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Manager Ordinance No. 3480 SUP 2017 -06 Page 4 of 4 Exhibit A — Ordinance No. 3480 - Page 1 of 1 LEGAL DESCRIPTION Special Use Permit Case SUP 2017 -06 Oakvale Addition, Block 1, Lot 4 7504 Bursey Road, North Richland Hills, Texas A ✓ ., — ..+�,^'LGU,�+'1'.I� RANI £1 Me" .,� ,.rt.. vr+''i� ...... �„ �I pqe' /G .,, "r'dL.t� �...� .... m13".f""+a 9�" � � �.�"�A' 9'.e5".�. .'�fSPd /'.✓'.S:d ..r ". P1 / 2 4t z � ; Z O 6; ✓n' r,,.... 4I � �• "' lxr' !% . / ✓i; 1 { ..dpi tYi� �u W,_,�„ W,,, F ti rW" — .,IT. e. nh %f ... ,� � y ",�n'11I, M P 9 i UN04 0, d C 1,e F. 'n i _ i 9 J"'R'. /.AF rJl fV%Y�✓A�✓y%�iJ �4 Y i ✓d d�i".:fC7 t/ / "b,!.tIVI� Ari^1 !A Ay�p-A/L�^ �/ sii�rawaM�7y� 1 6c 0.J?✓' �' �r''✓"A��.J4�✓(lt"?l�GiiV'��✓.; ri ✓C. � � �� Ai's ire %E�,r k��p,ditrUxEm ru�,da" suw i R " ✓b i l. . J ' 7,1 P�r,Y p C6ppul9 e✓[�6%e.�' '�e�F R r..Nd' v =a b {F-. tt ;� 7�SMi qa Gl Sfl Nfi E% �(N .,F?rJda6 A'4�k 2'Ni .4 %,b' /Fi 9e� q S �+rs�,y.M.,� Jet, {. _Y m Y ( , r ,✓ A pr;!� �,."✓� i, ;'i ,r, [,. /t(: ,� F. �/ „�.. .,�r�Y .`. Exhibit B — Ordinance No. 3480 - Page 1 of 1 LAND USE AND DEVELOPMENT REGULATIONS Special Use Permit Case SUP 2017 -06 Oakvale Addition, Block 1, Lot 4 7504 Bursey Road, North Richland Hills, Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of R -1 Single Family Residential. The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) permanent accessory building with covered parking on the property. B. Building size. The accessory building must not exceed one thousand five hundred (1,500) square feet in floor area. The covered parking area attached to the building must not exceed seven hundred fifty (750) square feet. C. Building height. The accessory building must not exceed 17 feet 6 inches in overall height. D. Removal of existing buildings. The four existing buildings as shown on the site plan must be removed from the property by December 31, 2017. Exhibit C - Site Plan Exhibits - Ordinance No. 3480 - Page 1 of 5 02 REAR ELEVATION SCA LE1/4 " =1' -0" LEFTSIDE RI6HTSIDE OPP. F sne.�m x� or .Russ sH 2x1 P—IILL iiomoll 03 RIGHT ELEVATION SCALE. 1/4 " =1' -0" REAR r= WALL SECTION 04 01 RIGHT ELEVATION SCAL E. 1/4 " =1' -0" FRONT SCALES 3/4 "= 1 0" -q� z p ¢m= x a-O o_ W Z O Z N � O Q � � O a0 O C_ @ V N co Z N � O � rn � J J rw m> z� c? � w> �w Y szs -1 E m -sal/ EIF /ATIONS A.203 Exhibit C - Site Plan Exhibits - Ordinance No. 3480 - Page 2 of 5 - DOOR SCHEDULE WINDOW SCHEDULE O O 1 02 WALL SECTION SCALE 3/ - - 1' -0.. of CONSTRUCTION PLAN SCALE 14 -1' -0" 1,376 SF A/C z_ t- ° w f9 w0 ¢mx x z 0 z CD � o bl o u M C � V H N M � � O � � 0 J J >- LLI mQ z U` W W Y E: 032 &17 0301 -1] FLOOR PLAN A.201 ❑ � I � I uvuv � I I I O O µa<<s rO wo, sic �w �r of CONSTRUCTION PLAN SCALE 14 -1' -0" 1,376 SF A/C z_ t- ° w f9 w0 ¢mx x z 0 z CD � o bl o u M C � V H N M � � O � � 0 J J >- LLI mQ z U` W W Y E: 032 &17 0301 -1] FLOOR PLAN A.201 Exhibit C - Site Plan Exhibits - Ordinance No. 3480 - Page 3 of 5 e a C - I I LI O REFLECTED CEILING PLAN 02 SCALE. 1/4" =1'D" �1 ELECTRICAL PLAN 85 Offl-% e`m5 agv;�e N of Z_ O � � m~ O Qma 2 N �U Z � r O Z vvaovn� N W O Q L C O W . M co U F N Z vi M O W � O J J LU m> Z cD Z LU w Y ,E..os3o,n SSIIRVEVE A.204 Exhibit C - Site Plan Exhibits - Ordinance No. 3480 - Page 5 of 5 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 SEPTEMBER 21, 2017 C.I. SUP 2017 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KEVIN TRAVELL FOR A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING LARGER THAN 1,000 SQUARE FEET ON 2.015 ACRES LOCATED AT 7504 BURSEY ROAD. APPROVED Chairman Randall Shiflet introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chairman Shiflet called for the applicant to present their request. Dohrman Wintermute, 7504 Bursey Road, North Richland Hills, Texas 76182 presented their request. Chairman Shiflet asked if the four existing structures will be removed. Mr. Wintermute stated that all existing accessory buildings would be removed. Chairman Shiflet called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Chairman Shiflet asked if the Development Review Committee's recommendation for denial is due to the existing code. Mr. Husband replied yes, the denial recommendation is based on existing city code and development policy. Chairman Shiflet expressed that this portion of the code should be revisited. Chairman Shiflet asked if the structure was attached to the house would there need for a special use permit. September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Mr. Husband stated no. Commissioner Don Bowen asked if the fifteen foot height limitation should be upheld or if the existing pitch is acceptable. Mr. Husband stated there is no opposition to the proposed pitch. Chairman Shiflet stated the matching roof pitch is to address flat roofs or slight grades of roofs, not necessarily to limit architectural designs that mimic the primary structures. Mr. Husband stated there are different interpretations of how to measure the height of the building, but that the City's code specifically defines the height from the ground to the peak of the roof. Commissioner Jerry Tyner asked the applicant what the intent of the building is. Mr. Wintermute stated the building will be used for lawn equipment, wood working, and storage. Commissioner Justin Welborn asked what the minimum set backs are with reference to adjacent properties and buildings. Mr. Husband stated the property is zoned R -1 and that the side and rear yard setback requires about ten feet. Mr. Husband continued, stating the proposed setbacks exceed this requirement. Chairman Shiflet asked for anyone wishing to speak for or against the request to come forward, seeing no one, he closed the public hearing. A MOTION WAS MADE BY COMMISSIONER DON BOWEN, SECONDED BY COMMISSIONER KATHY LUPPY TO APPROVE SUP 2017 -06. MOTION TO APPROVE CARRIED 6 -0. September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 2 of 2 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: SUP 2017 -05, Ordinance No. 3481, Public Hearing and consideration of a request from U -Haul for a special use permit for a waiver of the masonry requirement for an automobile shade structure on 3.089 acres located at 8213 Boulevard 26. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: U -Haul is requesting a special use permit to authorize a waiver of the masonry requirement for a new automobile shade structure to be constructed at the U -Haul self - storage facility located at 8213 Boulevard 26. GENERAL DESCRIPTION: Section 118 -713 of the zoning ordinance establishes standards for permanent and temporary auto shade covers. Permanent shade covers are permanently attached to the ground with a rigid framework and flexible membrane canopy that covers an area of 500 square feet or more. The shade covers are allowed to be constructed in the front, side, or rear yards of the property, provided they do not obstruct emergency vehicle access. The covers must be a solid subdued color and may not contain any advertising sign or logos. The applicant proposes to construct one automobile shade structure on the property. The shade cover would be located on the east side of the building approximately 125 feet from the driveway and 63 feet from the building entrance. The canopy is 1,000 square feet in area, measuring 40 feet in length and 25 feet in width, and is supported by tubular steel posts at each corner of the structure. The canopy material is a flexible membrane of a dark green color. Information from the applicant about the request is attached, which includes the canopy location, construction details, and a description of work to be performed under the canopy. Since the shade covers are considered structures, the construction standards related to exterior materials are applicable. This requires that the columns for the shade cover be constructed with a masonry material such as brick or stone. The applicant has applied for an SUP to authorize a waiver of this requirement, as permitted by the zoning ordinance. P11111114RH NORTH RICHLAND HILLS Special Use Permit The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. The following are the proposed conditions of approval for this SUP application. 1. Permitted structure. A waiver of the masonry requirement is authorized for one (1) shade cover. The shade structure shall not exceed one thousand (1,000) square feet in area. 2. Development standards. Development of the property shall comply with the C -2 Commercial zoning district and the standards described below. a. The location and setbacks of the shade structure shall be as shown on the attached site plan. b. The support columns shall be steel columns with a powder coat finish. c. Landscape planting areas shall be installed on both sides of the driveway entrance on Boulevard 26. Each planting area shall be at least fifty (50) square feet in area and contain at least fifteen (15) evergreen shrubs or ornamental grasses. d. All wall pack lights on the exterior of the building shall be replaced with conforming fixtures as provided in Section 118 -728 of the zoning ordinance. The use of luminous tube lighting on the building or shade structure is prohibited. 3. Operational standards. The following activities are permitted to be performed under the shade structure. General vehicle repair or installation of vehicle accessories is prohibited outside the building. a. Receive and dispatch trucks and trailers, including visual inspection of conditions of vehicle, tires, body, and fluids. b. Cleaning of windshields and mirrors. c. Demonstration of vehicle operation to customers. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Retail." This designation is intended to permit a variety of retail trade, personal and business service establishments, and offices. CURRENT ZONING: The property is currently zoned C -2 Commercial. A special use permit for the self- storage facility was approved for the site in 1995. PROPOSED ZONING: The applicant is requesting a special use permit to authorize a waiver of the masonry requirements for the columns of the shade structure. P11111114RH NORTH RICHLAND HILLS SURROUNDING ZONING ( LAND USE: North: Planned Development I High Density Residential / Multi - Family West: C -1 Commercial Office South: C -1 Commercial Retail East: C -2 Commercial Retail PLAT STATUS: The property is currently platted as Amerco Addition, Block A, Lot 1. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this request at the September 21, 2017, meeting and voted 5 -1 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3481. INNJACINITIO m m 0 0 a � A MO CLARK ST HARWOOD RD STANDLEY ST Iq MH PUBLIC HEARING NOTICE KTH RI LAND HILLS CASE: SUP 2017 -05 * *RESCHEDULED ** The public hearing that was originally scheduled for the October 9 City Council meeting has been rescheduled to October 2 due to a change in the City Council meeting schedule. The public hearing date for the Planning and Zoning Commission will remain September 21. You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map as the Special Use Permit request. APPLICANT U -Ha u I LOCATION 8213 Boulevard 26 REQUEST Public hearing and consideration of a request from U -Haul for a Special Use Permit on Amerco Addition, Block A, Lot 1 on 3.089 acres located at 8213 Boulevard 26. DESCRIPTION Request a variance to the masonry requirement for the columns on a 25 -foot by 40 -foot permanent fabric canopy. PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, September 21, 2017 City Council 7:00 PM Monday, October 2, 2017 MEETING LOCATION City Council Chambers - Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning & Zoning Department 1 4301 City Point Drive - NRH 76180 817 - 427 -6300 1 www.nrhtx.com I planning @nrhtx.com TYIP Y G 17: i: � LIJ rmmiWd§MMmWdftWW�' ------------- KNUTEXOCOLCURSIAX 'RAINFOREST OR WYAL BLUE' C#IQPY QA "PUAL PPROVED, W U—HAUL CONSTRUCTION UPARTMINT, RD ass ama N ArLrU--I--r--1 F..t Prepared by Planning 8/1/2017 0 50 100 200 300 400 Name Attention Address City, St Zip SKYLINE NORSTAR USA 1 621 COWBOYS PKWY STE 200 IRVING, TX 75063 SILVER CREEK 11 NORSTAR USA 621 COWBOYS PKWY STE 200 IRVING, TX 75063 TUBB FAMILY PROPERTIES PO BOX 161639 FORT WORTH, TX 76161 TUBB FAMILY PROPERTIES PO BOX 161639 FORT WORTH, TX 76161 TUBB FAMILY PROPERTIES PO BOX 161639 FORT WORTH, TX 76161 TWELVE SAC SELF STORAGE CORP 1250 E MISSOURI AVE PHOENIX, AZ 85014 AMERCO REAL EST CO OF TX INC PO BOX 29046 PHOENIX, AZ 85038 CREATIVE CHILD CARE INC 6862 GRAPEVINE HWY RICHLAND HILLS, TX 76180 JGOODEN LLC PO BOX 161279 FORT WORTH, TX 76161 PRYOR, BRENDA K PO BOX 638 NEWARK, TX 76071 SW DIST OF CHRISTIAN & MISSION 5148 TREEPOINT DR ARLINGTON, TX 76017 BIRDVILLE INDEPENDENT SCHOOL DISCTRICT ATTN: KATIE BOWMAN 6125 EAST BELKNAP HALTOM CITY, TX 76117 Mr. Husband, Please consider this email as my acknowledgment of all the comments supplied by the Development Review Committee in regard to the request for an SUP to place a Canopy on our property at 8221 Blvd 26 in North Richland Hills. I have have attached the Certificates of Flame Resistance supplied by the manufacturer of the canopy material, and have attached a picture showing the placement of the canopy. The measurements for placement are as follows: 1) Canopy is 63' from building A ( as identified below) 2) Canopy is 118' from building B 3) Canopy is 72' from the property line to the north 4) Canopy is 148' from Blvd. 26 5) Canopy is 10' from the fire lane My reply to the comments from the Development Review Committee 1) The swatch will be dropped by your local office today. 2) A description of the work to be performed under the canopy would be consistent with the every day work of a truck "share" business. Employees will receive and dispatch trucks and trailers from this area. Duties would include: • With the customer's help - ensure all lights are working properly • Walk around vehicle to inspect condition of tires, driving cab, outside & inside van body • Lift hood and visually inspect fluids • Cleaning windshield and mirrors • Demonstrating to customer how to open van body door latch, attach & secure ramp, securing trailer to hitch receiver, etc. This canopy would allow our employees to do this daily work with some relief from the direct sun. 3) I appreciate your consideration for a waiver from the masonry requirement. We have installed over 40 of these canopies at various U -Haul Centers throughout DFW and through trial and error, have found that masonry leads to more damage should a customer impact one of the poles. The poles are securely placed in the ground (per specs) and when this has occurred, we simply replaced the pole. Thank you for your diligence and time spent on this matter. Please let me know if I can be of any further assistance or answer any other questions Kenneth Birch Marketing Company President U -Haul Compay of Fort Worth ORDINANCE NO. 3481 CASE SUP 2017 -05 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO AUTHORIZE A WAIVER OF THE MASONRY REQUIREMENT FOR AN AUTOMOBILE SHADE STRUCTURE TO BE LOCATED AT 8213 BOULEVARD 26; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home -rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit to authorize a waiver of the masonry requirement for an automobile shade structure; and WHEREAS, the owner of the property located at 8213 Boulevard 26 (the "Property ") has filed an application for a Special Use Permit to authorize a waiver of the masonry requirement for an automobile shade structure; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 21, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 2, 2017, with respect to the Special Use Permit described herein; and Ordinance No. 3481 SUP 2017 -05 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a waiver of the masonry requirement for an automobile shade structure on Lot 1, Block A, Amerco Addition, commonly referred to as 8213 Boulevard 26 as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which Ordinance No. 3481 SUP 2017 -05 Page 2 of 4 event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills 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 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: 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 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED on this 2nd day of October, 2017. CITY OF NORTH RICHLAND HILLS Ordinance No. 3481 SUP 2017 -05 Page 3 of 4 IN ATTEST: Alicia Richardson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Manager Ordinance No. 3481 SUP 2017 -05 Page 4 of 4 Exhibit A — Ordinance No. 3481 - Page 1 of 1 LEGAL DESCRIPTION Special Use Permit Case SUP 2017 -05 Amerco Addition, Block A, Lot 1 8213 Boulevard 26, North Richland Hills, Texas LOT 1, HL,OCK A AMERCO ADDITION Exhibit B — Ordinance No. 3481 - Page 1 of 1 LAND USE AND DEVELOPMENT REGULATIONS Special Use Permit Case SUP 2017 -05 Amerco Addition, Block A, Lot 1 8213 Boulevard 26, North Richland Hills, Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C -2 Commercial. The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted structure. A waiver of the masonry requirement is authorized for one (1) shade cover. The shade structure shall not exceed one thousand (1,000) square feet in area. B. Development standards. Development of the property shall comply with the C -2 Commercial zoning district and the standards described below. 1. The location and setbacks of the shade structure shall be as shown on the attached site plan. 2. The support columns shall be steel columns with a powder coat finish. 3. Landscape planting areas shall be installed on both sides of the driveway entrance on Boulevard 26. Each planting area shall be at least fifty (50) square feet in area and contain at least fifteen (15) evergreen shrubs or ornamental grasses. 4. All wall pack lights on the exterior of the building shall be replaced with conforming fixtures as provided in Section 118 -728 of the zoning ordinance. The use of luminous tube lighting on the building or shade structure is prohibited. C. Operational standards. The following activities are permitted to be performed under the shade structure. General vehicle repair or installation of vehicle accessories is prohibited outside the building. 1. Receive and dispatch trucks and trailers, including visual inspection of conditions of vehicle, tires, body, and fluids. 2. Cleaning of windshields and mirrors. 3. Demonstration of vehicle operation to customers. D. Administrative Approval of Site Plans. Site plans that comply with all development - related ordinances and this Ordinance shall be administratively approved by the Development Review Committee. Substantial deviations or amendments from the development standards or site plan, as determined by the City Manager or his /her designee, shall require a revision to the approved Special Use Permit in the same manner as the original. Exhibit C - Site Plan Exhibits - Ordinance No. 3481 - Page 2 of 4 GENERAL NOTES GENERAL DESIGN: CANOPY DESIGN TO BE HIP STRUCTURE. SHOP DRAWINGS MUST BE APPROVED BY J-HAUL CONSTRUCTION DEPARTMENT PRIOR TO ORDER/MANUFACTURE. DESIGN LOADS, DESIGN TO MEET OR EXCEED THE REQUIREMENTS OF TME 2006 0C, AND/OR LOCAL GOVERNING CODE. REFER TO SHOP DRAWINGS FOR PROJECT SPECIFIC DESIGN/ENGINEERING AND GEOGRAPHICAL CONDITIONS FOR LIVE LOADS. NOTES: DESIGN STRUCTURE TO 5 PSF SNOW LOAD. FABRIC TOP TO BE REMOVED IF SNOW ACCUMULATION IS ANTICIPATED. FABRIC TOP 70 BE REMOVED IF WENDS EXCEED4NG, 90 MPH ARE ANTICIPATED.. STRUCTURAL STEEL SHALL CONFORM TO AISC SPECIFICATIONS AND CODE OF STANDARD PRACTICES. STEEL MATERIAL SCHEDULE: ET2A5_.._ SPE_QF1CAHONS HSS TUBE STEEL ASTM A500, GRADE B. ROUND HSS OR STEEL PIPE ASTM A500, GRADE B OR ASTM A53, GRADE B. ROUND STEEL TUBING ASTM A500 GUSSET PLATES ASTM A36 HEX BOLTS ASTM A325 NOT$ ASTM A563 WASHERS ASTM F436 REINFORCING STEEL ASTM A615, GRADE 60 (GALVANIZED) ANCHOR RODS ASTM F1554 GRADE 55 (GALVANIZED) WELDING ELECTRODES E70XX ALL WELDING SHALL CONFORM TO AWS Dtl FABRIC: USE 'KNrrrEX@' COLOURSHADE OR FABRIC IN LIKE AND KIND PER LOCAL CANOPY MANUFACTURER. APPROVED COLORS ARE 'RAINFOREST" AND "ROYAL BLUE" ("KNiTrEX" COLORS). COLOR MUST BE APPROVED BY U—HAUL CONSTRUCTION DEPARTMENT BASED ON FACILITY LOCATION. FABRIC TO BE U.V. STABILIZED HIGH DENSITY POLYETHYLENE, WITH MONOFILAMENT YARN AND TAPE CONSTRUCTION AND LOCK—STITCH KNITTED TO ENSURE MATERIAL WILL NOT TEAR, FRAY OR UNRAVEL IF CUT. STEEL CABLE: CABLE TO BE 3/8'0, 7X19 STRAND CORE GALVANIZED WIRE ROPE WITH A BREAKING STRENGTH VALUE OF 14,000 LBS. GALVANIZED STEEL. CABLE CLAMPS. CABLES SHALL BE FED THROUGH THE FABRIC SLEEVES AROUND THE PERIMETER OF THE CANOPY AND TENSIONED UNTIL THE FABRIC PANEL (DESIGNED PURPOSELY UNDERSIZED) REACHES A TAUNT APPEARANCE. _CANOPY FABRIC /-CANOPY STRUCTURE NON - CANTILEVERED FREESTANDING CANOPY A NON—CANTILEVERED CANOPY IS TYPICALLY USED AT D&R AREAS, OR WHERE ROOF RUN—OFF DOES NOT REQUIRE REDIRECTION. 5' _O_ (OR PER APPROVED DRAWINGS)-_._._. PLAN VIEW I �-STRUCTURAL MEMBERS TO BE POWDER COATED "WHITE ", TYPICAL I —SQUARE HSS COLUMN POWDER COATED *WHITE, I I SURFACE—MOUNTED LJ PLATE AND FOOTING. QlnE: X/II=1A1 SEE DETAIL HSS COLUMN, REFER TO APPROVED DRAWINGS. ANCHOR RODS WITH HEAVY HEX NUTS, FLAT WASHERS, LOCK WASHERS, LEVELING NUTS. REFER TO APPROVED DRAWINGS. 1 —i/2" NON—SHRINK GROUT PROVIDE TAPER STANDARD SLOPE 1:12 /—FINISHED PAVEMENT —DRILLED CONCRETE PIER FOO TING. F_ REFER TO APPROVED DRAWINGS. — - — — — — — — — — — — — �-EIECTRdC CONDLO FOR UGHIING (BY OTHERS) TIES (GALVANQui) PER APPROVED DRAWINGS. VERTICAL REBAR (GALVANIZED) PER APPROVED DRAWINGS. S' CLEAR MIN. VARIES. REFER TO FOOTING DETAIL - SECTION PIER FOOTING DIAMETER PER TPROV D 116 W -IN G4_. BASE PLATE PER APPROVED DRAWINGS ANCHOR RODS PER APPROVED DRAWINGS —SQUARE HSS COLUMN PER APPROVED DRAWINGS _T SLEEVED/SWAGED RIDGE TO RAFTER CONNECTION, PER MANUFACTURER. CANOPY A13OVE—,_l I FOOTING DETAIL -PLAN VIEW .... . ..... CANOPY FABRIC /,HIP STRUCTURE, TYPICAL. (tlNE cow" amL') ;q 5.V' C, N! ONLY) r. LJ L -1 END VIEW AMERCQ FREESTANDING CANOPY FILE NAME, FreestardIng Ctviupy,dwg SHEET: SECTION #; - REALBS= COMPANY REVISED: 01/08/10 SCALE: N.T.S. 0 2010 AMERCO REAL ESTATE COMPANY DETAIL CONSTRUCTION & RENOVATION - 2727 NORTH CENTRAL AVENUE, 9-NORTH - PHOENIX, ARIZONA 85004 PH: (602)263-6502 FAX: (602) 277-1026 PIER FOOTING DIAMETER PER TPROV D 116 W -IN G4_. BASE PLATE PER APPROVED DRAWINGS ANCHOR RODS PER APPROVED DRAWINGS —SQUARE HSS COLUMN PER APPROVED DRAWINGS _T SLEEVED/SWAGED RIDGE TO RAFTER CONNECTION, PER MANUFACTURER. CANOPY A13OVE—,_l I FOOTING DETAIL -PLAN VIEW .... . ..... CANOPY FABRIC /,HIP STRUCTURE, TYPICAL. (tlNE cow" amL') ;q 5.V' C, N! ONLY) r. LJ L -1 END VIEW AMERCQ FREESTANDING CANOPY FILE NAME, FreestardIng Ctviupy,dwg SHEET: SECTION #; - REALBS= COMPANY REVISED: 01/08/10 SCALE: N.T.S. 0 2010 AMERCO REAL ESTATE COMPANY DETAIL CONSTRUCTION & RENOVATION - 2727 NORTH CENTRAL AVENUE, 9-NORTH - PHOENIX, ARIZONA 85004 PH: (602)263-6502 FAX: (602) 277-1026 Exhibit C - Site Plan Exhibits - Ordinance No. 3481 - Page 3 of 4 2 1 20'x40' STEEL CANOPY PLAN SCALE: 114" = V -0" Page 7 Of 14 Exhibit C - Site Plan Exhibits - Ordinance No. 3481 - Page 4 of 4 3 120'x4O'STEEL CANOPY SIDE ELEVATION SCALE: 1/4" = 1' -0" 9 OR APPROVED ?TMENT, LVANIZED HSS 5.000x0.25 OR PROVED EQUAL,TvP. 41 20'x40' STEEL CANOPY SIDE ELEVATION SCALE: 1/4 " -1' -0" Page 8 Of 14 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 SEPTEMBER 21, 2017 C.2. SUP 2017 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM U -HAUL FOR A SPECIAL USE PERMIT FOR A WAIVER OF THE MASONRY REQUIREMENT FOR AN AUTOMOBILE SHADE STRUCTURE ON 3.089 ACRES LOCATED AT 8213 BOULEVARD 26. APPROVED WITH CONDITIONS Chairman Randall Shiflet introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband presented the request. Chairman Shiflet called for the applicant to present their request. Ken Birch, 8213 Boulevard 26, North Richland Hills, Texas 76180, representing U -Haul marketing, presented the request. Chairman Shiflet asked what the color of the canopy will be. Mr. Birch stated the canopy will be green. Chairman Shiflet called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Chairman Shiflet asked what the height of the canopy was. Mr. Husband stated the peak is nineteen feet high. Chairman Shiflet asked if there would be a difference in the request if this was a "big -box" store. Mr. Husband stated there are specific zoning standards for auto shade structures, such as the masonry requirement, that apply to all businesses, but it also allows for a September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 1 of 2 waiver to the masonry requirement. Chairman Shiflet asked what the Development Review Committee's (DRC) recommendation is. Mr. Husband stated that DRC's recommendation is approval subject to conditions. Commissioner Don Bowen asked if this is similar to the shade structure waiver given to Auto Nation. Mr. Husband stated the support structure is similar. Chairman Shiflet asked for anyone wishing to speak for or against the item to come forward, seeing no one, he closed the public hearing. A MOTION WAS MADE BY VICE - CHAIRMAN STEVEN COOPER, SECONDED BY COMMISSIONER DON BOWEN TO APPROVE SUP 2017 -05, SUBJECT TO THE STATED CONDITIONS. MOTION TO APPROVE CARRIED 5 -1. September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 2 of 2 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: SDP 2017 -04, Ordinance No. 3482, Public hearing and consideration of a request from Pacheco Koch Consulting Engineers, Inc., for a special development plan for the TEXRail Smithfield Station parking lot on 8.246 acres located at 6408 and 6416 Smithfield Road. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of the Fort Worth Transportation Authority, Pacheco Koch Consulting Engineers, Inc., is requesting approval of a special development plan (SDP) in the Smithfield transit oriented development (TOD) district. The applicant proposes to construct a surface parking lot to serve the TEXRail commuter rail station that is presently under construction. The property is located at the southeast corner of Smithfield Road and the railroad right -of -way. GENERAL DESCRIPTION: The project is located within the "TOD Core" character zone of the Smithfield TOD district. The proposed special development plan is intended to authorize the use of the property as a surface parking lot. Under the TOD standards, the use of property as a surface parking lot requires specific approval as part of a special development plan. The Smithfield TEXRail station platform is being constructed just east of Smithfield Road. The parking lot for the station will be constructed on the south side of the tracks. The lot provides 550 parking spaces for vehicles and a separate drive and turnaround for future bus service. Access to the parking lot is provided from Smithfield Road and a new street section of Cardinal Lane, which is planned to serve as another connection from Smithfield Road to Davis Boulevard between Main Street and Mid - Cities Boulevard. The Cardinal Lane section will be constructed to provide access to the parking lot for drivers and buses. A copy of the site plan, landscape plan, and signage plan for the parking lot is attached. DRC REVIEW: The Development Review Committee (DRC) evaluated the proposal based on the design intent and standards for the Smithfield TOD area. A summary of the DRC review is detailed below. Streetscape design. The architectural plans for the station are intended to be emblematic of early twentieth century materials that would have been used for P11111114RH NORTH RICHLAND HILLS railroad station platforms. The planned color scheme is darker bronze rather than a platinum silver color. To coordinate with the platform, the parking lot light fixtures, benches, trash receptacles, bike racks, and other amenities should have a darker bronze finish. Signage. A 16 -foot tall cast - concrete sign similar to the one shown at right is also proposed as part of this Special Development Plan. The sign would be located along Smithfield Road to identify the entrance of the station's park -and- ride lot. As monument signs are not permitted within the TOD Core unless along a major arterial such as Davis Boulevard or Mid - Cities Boulevard, special approval is required for this proposed sign. Landscaping. As has been the case �, ,�� b,� Ea vE with previous Special Development Plan applications, a reduction to the required parking lot landscaping is being requested as part of this application. As written, the TOD Code would require a considerable amount of parking lot landscape islands and trees. Due to the limited land area and need for a specific number of parking spaces, meeting the parking lot landscaping requirements was not feasible for this site. Additionally, future success of the station and surrounding transit - oriented development may require future investment in structured parking, at which time parking lot landscaping would be removed. Detention pond. A storm water detention pond is also being proposed in the bus lane loop provided at the northeast corner of the site. This drainage feature will only hold water in times of heavy rainfall and is intended to release downstream at a rate appropriate for the downstream storm water infrastructure. At all other times, it will remain dry. Because detention ponds require special approval by City Council, this element is also included in the Special Development Plan request. COMPREHENSIVE PLAN & CURRENT ZONING: This area is designated on the Comprehensive Land Use Plan and is currently zoned Transit Oriented Development. The purpose of the transit oriented development code is to support the development of the community's station areas into pedestrian- oriented, mixed -use urban neighborhoods, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each station area is to encourage an efficient, compact land use pattern- encourage pedestrian activity- reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; and allow property owners flexibility in land use, while prescribing a high level of detail in building design and form. a,-1- 11-T111 1-T �o Landscaping. As has been the case �, ,�� b,� Ea vE with previous Special Development Plan applications, a reduction to the required parking lot landscaping is being requested as part of this application. As written, the TOD Code would require a considerable amount of parking lot landscape islands and trees. Due to the limited land area and need for a specific number of parking spaces, meeting the parking lot landscaping requirements was not feasible for this site. Additionally, future success of the station and surrounding transit - oriented development may require future investment in structured parking, at which time parking lot landscaping would be removed. Detention pond. A storm water detention pond is also being proposed in the bus lane loop provided at the northeast corner of the site. This drainage feature will only hold water in times of heavy rainfall and is intended to release downstream at a rate appropriate for the downstream storm water infrastructure. At all other times, it will remain dry. Because detention ponds require special approval by City Council, this element is also included in the Special Development Plan request. COMPREHENSIVE PLAN & CURRENT ZONING: This area is designated on the Comprehensive Land Use Plan and is currently zoned Transit Oriented Development. The purpose of the transit oriented development code is to support the development of the community's station areas into pedestrian- oriented, mixed -use urban neighborhoods, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each station area is to encourage an efficient, compact land use pattern- encourage pedestrian activity- reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; and allow property owners flexibility in land use, while prescribing a high level of detail in building design and form. P11111114RH NORTH RICHLAND HILLS SPECIAL DEVELOPMENT PLAN: The applicant is requesting a special development plan for consideration of modifications to the standards of the transit oriented development district. The special development plan process is intended to allow applicants development flexibility to address specific market opportunities and /or contexts within the transit oriented development district. In evaluating a special development plan, the Planning and Zoning Commission and City Council must consider the extent to which the application meets the following: • the goals and intent of transit oriented development in the city; • provides an alternative "master plan" approach by consolidating multiple properties to create a predictable, market responsive development for the area; • fits the adjoining context by providing appropriate transitions; • provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit; and, • does not hinder future opportunities for higher intensity transit oriented development. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this request at the September 21, 2017, meeting and voted 6 -0 to recommend approval with the condition that curb return radii be a minimum of twenty -five feet. One of the concerns raised by the Planning & Zoning Commission was the width of the driveway throat along Smithfield Road. The engineers for the Fort Worth Transportation Authority have revised the driveway to provide a 25 -foot radius and 24 -foot driveway throat width. This change is reflected in City Council's packet. RECOMMENDATION: Approve Ordinance No. 3482. Iq MH PUBLIC HEARING NOTICE KTH RI LAND HILLS CASE: SDP 2017 -04 NAME ADDRESS CITY, STATE ZIP * *RESCHEDULED ** The public hearing that was originally scheduled for the October 9 City Council meeting has been rescheduled to October 2 due to a change in the City Council meeting schedule. The public hearing date for the Planning and Zoning Commission will remain September 21. You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map as the Special Development Plan request. APPLICANT Pacheco Koch Consulting Engineers, Inc. LOCATION 6416 & 6408 Smithfield Road REQUEST Public hearing and consideration of a request from Pacheco Koch Consulting Engineers, Inc. for a Special Development Plan of Smithfield Addition, Block H, Lot 2R, 11R1 on 8.246 acres located at 6416 & 6408 Smithfield Road. DESCRIPTION Special Development Plan to construct a parking lot as the primary use of a property. PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, September 21, 2017 City Council 7:00 PM Monday, October 2, 2017 MEETING LOCATION City Council Chambers - Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning & Zoning Department 1 4301 City Point Drive - NRH 76180 817 - 427 -6300 1 www.nrhtx.com I planning @nrhtx.com MID - CITIES BLVD aQ �u 44 z J N Feet Prepared by Planning 9/5/2017 0 100 200 400 000 sbn (I I II ' o f Xu 0 it 9 RE x / OUTSIDE EDUE f r .1, 700 470 T 17 VV TA 34'29.. '1 r qq � iii 7 OA ._ 2G qi0 « "k R FTA IN I N6G .. iMdETXI OEAMA WAkm FIERCE REIFE; '[47 r`IJf WALL DWG RiP115 -B310 Owner Name Address City, St Zip BATES REALTY LP 6433 DAVIS BLVD NORTH RICHLAND HILLS, TX 76182 BATES REALTY LP 2900 COUNTY ROAD 1217 CLEBURNE, TX 76033 BORDEN, JAMES 709 SINGING QUAILTRL HASLET, TX 76052 C & J ENTERPRISES PO BOX 1910 ROANOKE, TX 76262 DAVIS COMMONS LP 3113 S UNIVERSITY FL 6 DR FORT WORTH, TX 76109 FORT WORTH TRANSPORTATION AUTH 800 CHERRY ST STE 850 FORT WORTH, TX 76102 GOODMAN, VIRGINIA 6413 SMITHFIELD RD FORT WORTH, TX 76182 JOHNSON, JESSIE & VIRGINIA 6413 SMITHFIELD RD NORTH RICHLAND HILLS, TX 76182 NORTON, RALPH E 3005 OAKSHIRE ST DENTON, TX 76209 RUNYON, ERNEST LEE 5732 STARLING CIR HALTOM CITY, TX 176117J ORDINANCE NO. 3482 SPECIAL DEVELOPMENT PLAN 2017 -04 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING A SPECIAL DEVELOPMENT PLAN WITHIN THE SMITHFIELD TRANSIT ORIENTED DISTRICT FOR A TRANSITIONAL SURFACE PARKING LOT ON APPROXIMATELY 8.246 ACRES LOCATED AT 6408 AND 6416 SMITHFIELD ROAD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home -rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Plan and the Zoning Ordinance of the City of North Richland Hills require a Special Development Plan within the Smithfield Transit Oriented Development zoning district; and WHEREAS, the owner of property located at 6408 and 6416 Smithfield Road (the "Property ") has filed an application for a Special Development Plan for a transitional surface parking lot and consideration of waivers to the Transit Oriented Development code applicable to the property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 21, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 2, 2017, with respect to the Special Development Plan described herein; and Ordinance 3482 SDP 2017 -04 Page 1 of 3 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the special development plan should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving the request for a Special Development Plan, including specific waivers to the Transit Oriented Development code, for a transitional surface parking lot as provided herein on an 8.246 -acre tract of land located at 6408 and 6416 Smithfield Road, as described and shown on Exhibit "A ", attached hereto and incorporated for all purposes. Section 2: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations, the Special Development Plan Regulations set forth in Exhibit "B," attached hereto and incorporated for all purposes, and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 3: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special development plan, including specific waivers to the Transit Oriented Development code, in accordance with the requirements of the Transit Oriented Development Code, and the Concept Plan shown on Exhibit "C" attached hereto and incorporated for all purposes, which is approved. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance Ordinance 3482 SDP 2017 -04 Page 2 of 3 are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills 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 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: 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 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 2nd day of October, 2017. CITY OF NORTH RICHLAND HILLS Ordinance 3482 SDP 2017 -04 Page 3 of 3 By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Maleshia McGinnis, City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance 3482 SDP 2017 -04 Page 4 of 3 Exhibit A — Ordinance No. 3482 - Page 1 of 1 LEGAL DESCRIPTION Special Development Plan Case SDP 2017 -04 Smithfield Addition, Block H, Lots 2R1 and 11R1 6408 and 6416 Smithfield Road, North Richland Hills, Texas F \ RRR TALE /-y 1 Y I=C I 5i �,�.... of g�� /qq II, L9C/IdTY MAB \� � �1✓ BEGNPd1NC _L �^ L2--u� e .us - rc ncrs u f GUY 21 T r STREET �.a m _ ,E ® C,ARDINAL LANE L w ,, s i I ;�" Tlr 1`1i yf` �' /TT TTTT7Ti li SMITHFIELD ADDITION lid h. I 111T 2 � I t I chc® Kc® Kochi = Exhibit B — Ordinance No. 3482 - Page 1 of 1 LAND USE AND DEVELOPMENT REGULATIONS Special Development Plan Case SDP 2017 -04 Smithfield Addition, Block H, Lots 2R1 and 11R1 6408 and 6416 Smithfield Road, North Richland Hills, Texas This Special Development Plan (SDP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of TOD Transit Oriented Development. The following regulations shall be specific to this Special Development Plan. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted land uses. Uses in this SDP shall be limited to those permitted in the TOD Core — Smithfield character zone of the TOD Transit Oriented Development district with the addition of the following. 1. Transitional surface parking lot 2. Detention pond B. Street furniture, lighting, and materials. Development of the property shall comply with the street furniture, lighting, and materials standards of the TOD Transit Oriented Development district and the standards described below. 1. The design and appearance of street furniture, lighting, and materials shall comply with the proposed street furniture exhibit attached as Exhibit "C." C. Landscape standards. Development of the property shall comply with the landscape standards of the TOD Transit Oriented Development district and the standards described below. 1. Landscaping shall be installed as shown on the landscape plan attached as Exhibit "C. The landscaping must be installed prior to the issuance of a certificate of occupancy. 2. One canopy tree shall be required per twenty parking spaces. D. Signage. Development of the property shall comply with the signage standards of the TOD Transit Oriented Development district and the standards described below. 1. Monument sign. One monument sign shall be permitted on the Smithfield Road frontage. The sign must not exceed sixteen (16) feet in height. E. Detention pond. Construction of the detention pond is subject to final approval of the engineering plans by the Development Review Committee and City Engineer. The owner must execute a detention /retention storage facility maintenance agreement prior to the recording of the subdivision plat for the property. Administrative Approval of Site Plans. Site plans that comply with all development - related ordinances and this Ordinance shall be administratively approved by the Development Review Committee. Substantial deviations or amendments from the development standards or site plan, as determined by the City Manager or his /her designee, shall require a revision to the approved Special Development Plan in the same manner as the original. 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W15 SSIS-1120 N ITT Exhibit C - Special Development Plan Exhibits - Ordinance No. 3482 - Page 2 of 5 ..... . . ..... . .. ... Pacheco KoWI :S�UF�IBRn p t FORT w➢wr" MANSPORTATION AUTHORLTY 1T �-Ti 'f"M 'U Mq SJ RUL ZI NORTH RICHLAND MILLS 8TXrW SMITHFIELD STATION PLANTMO PLANS Exhibit Special ev o m \n� Lan Exhibits its r �\ Ordinance No 348s 2 !I�Page 1U1Q„43 � of ,5 MATCH I SEE fl5 -1100 'I m IIIIIm 9 ..... ......... _ -. , tw qN D TOPSOIL PRORLE % �DEGUAAPOSED GRANT C6 $o K,~ r 4 LP 6 �( p 0 �o C)g> H 1� / �I: 9E M . e7 d7 77 � `f�II'i 4 i d i ,one �m J 4ssl Ilcat fO R M NSIRCIC "1•i0N v rn, kar _ YM her �; ®N aus°V� ��I@ �I 4111 Mauar wcrAmun. NOR rH RACHILAND HOL S Sm � a „ Avgaasss "sq uuu SMITHFIELD Q""Mbb•ll"u4' N ed wRK .NO ab VAANSPORrATION AWHIORITY w PILAN'M'HNSn PM.AN",5 Ia,e ur5 rrr,ov.. ... ... Exhibit C - Special Development Plan Exhibits - Ordinance No. 3482 - Page 4 of 5 REFER TO — STANDARD COMMERCIAL DP t "I DO,,, DETAILS 11C.Cl 12P 11 IAILI IAIII19 VIDITNIACIS pEC TO E SPACES D111% ,. NIlLI RETAIL 8P AFIRE LANE NOTE) I El FIRE LANE " " I N L — I.. ANE ,EFS' MARKED NO = T CIN C 'D R BA OF 2 CURB, ,TN A N 'G - ATCIUl I I G_G L, AGE ALSE C I o S PA AEN �LDAN P ME AS A S A SHALL BE Ap N.X NAA LL, 1111 LANE LINES I. TIC G All OF 'E'T" 'SE LANE N of I NC EC C, E. TIDE AlITE DIAGONAL STRIPES 2' IPART TIRE III .. .1 EA ROAD (TAGSICADC 7 St I 14L�- . ...... .. ... ... -------------- -------------- F SMITHFIELD PARKING TARILAT..N I PARKING SPACE TIOD I FRAWER OF PARKINS SPACES STANDARD "R "R VAN ACCESSIBLE 2 E o ---- --- 1 F-7 � / i�— FIRE EFORMED Imo_ G RMlllAIIIC M RINGS A P xM.�„ rrrveM e v v yy_ ; �11" 1111 SOLID NO IE R E LIN, I LINE G I YI I ED STOP I INE —7 j flOy YIELD SIDI LINE rw" _711:— T-71T-1 TYPICAL BIKE PAT MARKING.. tea. ur TEX RAIL ENGMEERS Yob A" NORTH RICHLAND HILLS STATIONS " "I', FORT WORTH PAR SMITH ZELD FIT STATION KING SPACE AND SIGNAGE 0 0, TRANSPORTATION AUTHORITY TABULATION PLAN I.FC NO NEOG.IGIG11 A.ION PASSING TABULATION: BUS IMLIA1111 10111, 1 NUMBER OF CAR PARKING SPACES. 559 TOTAL fEICIAIII�l� PARKING "ELI RE I p�IRPACIII ALLEL FARKINC SPACES ALONG —I ENTRANCE ROAD. ALONG THE SWI" —N 1� AS - - U L E I"�D'1'61';.�'�AR'�pA�'.�E'LOT 9 ROWS 01 16 SPACES "Ul"' o' AO E "' I D' TERAGAP—TIC IME!'13'5?;J-0-12-136 1-64L • SAG STANDARD SPACES 3 EACH " WIDE '*o OF .. I. AD A ME 11-1 PARKING SPACES ARE IAN-ACCEIII RL, L S PACES 5RENN ARE A-8—LESS NOTED P EF — D E —" SITE MARKINGS, oL... ITAGN A G IELII 1111A , .ARO .... A. 0 1 IC', A 1—C SOLID '2 .RITE L -T 'i N 1 .1 AGO A. R ""'IN" z I ... . I'll! P.12., -; I IL., —I— N-1 -1— f — A .O. R... Ot F.-, as. a A IG •2 ".'.,A 21� ,A1.01 G G 4G; 11 1 SO I o f TRY., A 1. IF 11. t i Pn A Tfiner '.O'f , Nl' � I I I Of Ah 100, EFORMED Imo_ G RMlllAIIIC M RINGS A P xM.�„ rrrveM e v v yy_ ; �11" 1111 SOLID NO IE R E LIN, I LINE G I YI I ED STOP I INE —7 j flOy YIELD SIDI LINE rw" _711:— T-71T-1 TYPICAL BIKE PAT MARKING.. tea. ur TEX RAIL ENGMEERS Yob A" NORTH RICHLAND HILLS STATIONS " "I', FORT WORTH PAR SMITH ZELD FIT STATION KING SPACE AND SIGNAGE 0 0, TRANSPORTATION AUTHORITY TABULATION PLAN I.FC NO NEOG.IGIG11 A.ION Exhibit C - Special Development Plan Exhibits - Ordinance No. 3482 - Page 5 of 5 PROPOSED SMITHFIELD TOO STREET FURNITURE 1 v 1 Burst Rust Hazellnut Pewter Vein Textured Textured Blaick Bronze MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN CITY HALL THE 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 SEPTEMBER 21, 2017 C.3. SDP 2017 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM PACHECO KOCH CONSULTING ENGINEERS, INC., FOR A SPECIAL DEVELOPMENT PLAN FOR THE TEXRAIL SMITHFIELD STATION PARKING LOT ON 8.246 ACRES LOCATED AT 6408 AND 6416 SMITHFIELD ROAD. APPROVED WITH CONDITIONS Chairman Randall Shifflet introduced items C.3. SDP 2017 -04 and item D.1. RP 2017 -04, opened the public hearing for item C.3. and called for Planning Manager Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chairman Shiflet called for the applicant to present the request. Richey Thompson 801 Cherry Street Fort Worth, Texas 76102 presented the request. Vice - Chairman Steven Cooper asked what the color of the sign will be. Mr. Thompson stated the City and Fort Worth Transportation Authority will work to chose a color. Chairman Shiflet asked for clarification as to what the sign will say? Mr. Thompson stated the sign will say "Smithfield Station." Chairman Shiflet Called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Commissioner Jerry Tyner asked if exiting onto Davis Boulevard is only southbound. Mr. Comstock stated leaving this site will only send an individual southbound. September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 1 of 3 Commissioner Tyner asked if the buses will be able to exit onto Davis and if there is enough room for the buses to maneuver. Mr. Comstock stated buses will have the option to exit onto Davis Boulevard once Cardinal Lane is expanded. Commissioner Tyner asked where the sign will be. Chairman Shiflet stated that the driveway width for Cardinal Lane is twenty -two feet wide and asked if that is in keeping with the transit oriented development plan. Mr. Comstock stated yes. Chairman Shiflet asked how wide is the driveway. Mr. Comstock stated the radius is twenty feet. Chairman Shiflet stated two eleven -foot lanes are not big enough for buses and large trucks and asked what problem would be ran into if the widths were changed to two twelve foot lanes and thirty -six feet wide for the parking lot. Mr. Comstock stated the Fort Worth Transportation Authority would need to change their plans and the right -of -way can be expanded, but the road would still neck down to a twenty -two foot street. Chairman Shiflet stated trying to maneuver two eleven -foot lanes are difficult and stated thirty -three feet is not enough. Chairman Shiflet asked how the landscape maintenance will be taken care of. Mr. Comstock stated the station and grounds will be maintained by the Fort Worth Transportation Authority. Chairman Shiflet asked if there is a limitation for cars to use the bus lane. Mr. Thompson stated there would not be a physical limitation for pedestrian vehicles to enter the bus lane, but they could place a sign. Chair asked the applicant for thoughts concerning street widths. September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 2 of 3 Mr. Thompson stated the street width should not be an issue for their buses. Commissioner Justin Welborn asked how large the busses are. Mr. Thompson stated sixty feet long. Commissioner Welborn asked if the landscaping is consistent with other Fort Worth Transportation Authority stations. Mr. Thompson stated it is similar to other stations. Commissioner Jerry Tyner asked if there will be a similar case for the Iron Horse Station. Mr. Comstock stated that case came through in 2015. Chairman Shiflet called for anyone wishing to speak for or against the item to come forward, seeing no one, he closed the public hearing. Commissioner Kathy Luppy motioned to approve item C.3., seconded by Vice - Chairman Steven Cooper. Chairman Shiflet stated that the driveway width should be expanded and whether or not it is sufficient. Commissioner Welborn proposed to amend the motion to add a condition requiring curb return radii be a minimum of twenty -five feet. A MOTION WAS MADE BY COMMISSIONER KATHY LUPPY, SECONDED BY VICE - CHAIRMAN STEVEN COOPER TO APPROVE SDP 2017 -04 WITH THE CONDITION THAT CURB RETURN RADII BE A MINIMUM OF TWENTY -FIVE FEET. MOTION TO APPROVE CARRIED 6 -0. September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 3 of 3 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: RP 2017 -06 Public hearing and consideration of a request from Pacheco Koch Consulting Engineers, Inc., for a replat of Lots 2R1 and 11R1, Block H, Smithfield Addition on 8.246 acres located at 6408 and 6416 Smithfield Road. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of the Fort Worth Transportation Authority, Pacheco Koch Consulting Engineers is requesting approval of a replat of Lots 2R1 and 11R1, Block H, Smithfield Addition. This 8.246 -acre subdivision includes two lots located on the east side of Smithfield Road and south of the railroad right -of -way. The proposed replat meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The property is currently platted as two adjacent lots, with separate plats approved in 1995 and 2005. The proposed replat would make the following changes to the previous plats for these two lots: 1. Lot 2R1 would be created on the south side of the railroad right -of -way. This 6.749 -acre lot is the location for the parking lot of the TEXRail station in the Smithfield transit oriented development (TOD) area. A special development plan application for the parking lot is a related item on the October 2, 2017, agenda. 2. A 60 -foot wide right -of -way dedication would be provided for Cardinal Lane. This new road is required by the regulating plan for the Smithfield TOD. The road will be constructed to provide access to the Smithfield station parking lot, and will ultimately connect Smithfield Road and Davis Boulevard. 3. Lot 11 R1 would be created on the south side of Cardinal Lane. This 0.855 -acre lot would be available for future development as part of the Smithfield TOD. As required by Section 212.015 of the Texas Local Government Code and Section 110- 219 of the subdivision regulations, this replat requires a public hearing when the plat is considered by the City Council. COMPREHENSIVE PLAN & CURRENT ZONING: This area is designated on the Comprehensive Land Use Plan and is currently zoned Transit Oriented Development. The purpose of the transit oriented development code is to support the development of P11111114RH NORTH RICHLAND HILLS the community's station areas into pedestrian- oriented, mixed -use urban neighborhoods, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each station area is to encourage an efficient, compact land use pattern; encourage pedestrian activity; reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; and allow property owners flexibility in land use, while prescribing a high level of detail in building design and form. SURROUNDING ZONING ( LAND USE: North: TOD Transit Oriented Development Smithfield TOD West: TOD Transit Oriented Development Smithfield TOD South: TOD Transit Oriented Development Smithfield TOD East: TOD Transit Oriented Development Smithfield TOD PLAT STATUS: The property is currently platted as Lots 2R and 11 R, Block H, Smithfield Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this request at the September 21, 2017, meeting and voted 6 -0 to recommend approval. RECOMMENDATION: Approve RP 2017 -06 JAMIE RENEE LN 0 Q a WESTCLIFF Dvt BRANDI PL LN ARTHUR DR ST P BLVD by M1D.C11�E' C� CARDINAL AREA TABLE / ` "" a P;P� =CAL, N rLE � CTMEEO oID of �(GPP, R P I Isml ma..n.e,m.a N MP c ) Z' r .4,, P I Ike , , AM I re TLIT —TI N11.11111 'T ° oq n (VAL. 2 \ - a, a"un a —F .. ei serve S 23 W 464.90' ,w .,) _mvxox 2.141'CT v POINT OF ar sFn L 2853' BEG INNING �� i °I / ` T -1327 _ m 0 0^, C6�N 2'2946• W �i d t:��(."� "° w_z6sz eT "° a. P° ;,M a °w`G' °HG.,w I,r LD o CT �. Dza, zs rn1 cw) / e'wnrz sweu'i CC M DE TAIL ANII D 6) rmo,wm vW,. e,vua w�we wn nw r m swe _- oy I I . a, nsu5 LOT BLOCK 'rzman c..r ^wr n.wm..w rorcvAbw ,,.rzwuw x r.,e v:,u „ �. raRi vro i ery n ( on I m ra ) mnn m a nr) T / + ( ) m mr 0 1 S vm, �Q , . row, m DN D �b � (nu a , _ 2291) x PRELIMINAR e B lVg (vw DD eT) mow, Fl,I c� � — F. n I la — -- — — roNe�,e �,_ — ? -- "� ) <- a/ ,rret I voL 3e6�� i c °v c/ B <e ...... GUY i �e D T �Y STREET 0 ARDINAL LANE ' 6 t ^n B s _ - - -- — 011 n., j ��H U AB PART DE R' B % SMITHFIELD ADDITION w m z RD LOT 2R1 & LOT 11Rt, BLOCK H, ACRES ' BEING c revson of LOT 2 R AND LOT 11R E B u 0 T v� k i�� +�� ?SP T vs' ,,,, BLOCK H, SMITHFIELD ADDITION, an —Ri- to the y . 203 ) X24 /.. off fd L L Cty f North R hl d Nlls Tarront County, Texas m - -_ f. r ono RL-2 S 6 �.. a cord ng i th PI t -corded 'n Cab net A im� 2Y I "" P 9 2291 PI t R tl Tarront County. Texas CB N 2'29 6 W q g E D N l� _vf xCA. F b ry 2 201 ] CD.gC 52 j' � Je L. �. e ( a r 83 >,.�, l max. s rvc �F�8C 1�eco 6Koch - � TM cnw rns auT rim as NST VO ......_ ncn . CASE um/RUr�,•• "•` I — = RP 201 7-06 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 SEPTEMBER 21, 2017 D.I. RP 2017 -06 CONSIDERATION OF A REQUEST FROM PACHECO KOCH CONSULTING ENGINEERS, INC., FOR A REPLAT OF LOTS 2R1 AND 11R1, BLOCK H, SMITHFIELD ADDITION ON 8.246 ACRES LOCATED AT 6408 AND 6416 SMITHFIELD ROAD. APPROVED Item was presented in conjunction with item C.3. SDP 2017 -04. A MOTION WAS MADE BY COMMISSIONER JERRY TYNER, SECONDED BY COMMISSIONER JUSTIN WELBORN TO APPROVE RP 2017 -06. MOTION TO APPROVE CARRIED 6 -0. September 21, 2017 Planning and Zoning Commission Meeting Minutes Page 1 of 1 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Adopt Resolution No. 2017 -040 authorizing execution of the Second Amendment to the Wastewater Transportation Contract (Walker - Calloway System) with the Trinity River Authority of Texas. PRESENTER: Mike Curtis, Public Works SUMMARY: Council is being asked to adopt Resolution No. 2017 -040 which authorizes approval of Amendment No. 2 to the Wastewater Transportation Contract (Walker - Calloway System) with the Trinity River Authority (TRA) of Texas. The existing agreement expires December 2, 2017. The parties intend to negotiate a new agreement going forward. This amendment will extend the term of the current agreement for a period of one year to allow adequate time to review and comment on the proposed new agreement. GENERAL DESCRIPTION: The Walker- Calloway Branch outfall lines were constructed in the early 1970's to serve the cities of North Richland Hills (NRH) and Hurst. The outfall line is owned and operated by the Trinity River Authority of Texas (TRA). It consists of two separate 24" and 27" diameter sewer lines labeled Walker Branch and Calloway Branch serving different areas and connecting into a single 42" line labeled Walker- Calloway Branch which transports the wastewater to an existing 96" Fort Worth Trunk line (see Exhibit 2 attached). The cities of North Richland Hills and Hurst are contracted by a current agreement with TRA to maintain and operate this outfall system. The current agreement was executed October 24, 2001 and expires on December 2, 2017. The First Amendment provided TRA the authority to issue bonds on behalf of North Richland Hills and Hurst for the necessary improvements to the Walker Calloway Sewer System. The Second Amendment will extend the expiration date to December 2, 2018 to provide the cities of North Richland Hills and Hurst adequate time to review and comment on the proposed new agreement. RECOMMENDATION: Approve Resolution No. 2017 -040. CERTIFICATE FOR RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF THE SECOND AMENDMENT TO TRINITY RIVER AUTHORITY OF TEXAS WASTEWATER TRANSPORTATION CONTRACT (WALKER - CALLOWAY SYSTEM), AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND AGREEMENT THE STATE OF TEXAS TARRANT COUNTY CITY OF NORTH RICHLAND HILLS I, the undersigned, City Secretary of the City of North Richland Hills, Texas, hereby certify as follows: 1. The City Council of the City of North Richland Hills convened in REGULAR MEETING ON October 2, 2017, in the City Council Chamber in the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Oscar Trevino, Mayor Scott Turnage, Mayor Pro Tem, Place 6 Tito Rodriguez, Place 1 Rita Wright Oujesky, Place 2 Tom Lombard, Place 3 Tim Barth, Place 4 Mike Benton, Place 5 Tim Welch, Place 6 and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF THE SECOND AMENDMENT TO TRINITY RIVER AUTHORITY OF TEXAS WASTEWATER TRANSPORTATION CONTRACT (WALKER - CALLOWAY SYSTEM), AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND AGREEMENT was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried with all members present voting "AYE" except the following: NAYS: ABSTENTIONS: 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED ON .2017. Alicia Richardson City Secretary (CITY SEAL) RESOLUTION NO. 2017-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING EXECUTION OF THE SECOND AMENDMENT TO THE WASTEWATER TRANSPORTATION CONTRACT (WALKER - CALLOWAY SYSTEM) WITH TRINITY RIVER AUTHORITY OF TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On April 18, 1969, the City of North Richland Hills and the City of Hurst (collectively the Cities) entered into separate agreements (Initial Contracts) with Trinity River Authority of Texas (Authority) for the Authority to issue revenue bonds and construct the Walker- Calloway Branch Outfall Trunk Sewer System (System) for the transportation, treatment and disposal of sanitary sewage and other waste for the Cities; and WHEREAS, Pursuant to the Initial Contracts, the Authority constructed the infrastructure and all of the Authority's bonds issued to construct the System have been paid in full; and WHEREAS, On October 24, 2001, the Cities and the Authority subsequently entered into a contract (Contract) whereby the Authority agreed to continue providing, and the Cities agreed to pay for, transportation and treatment of the Cities wastewater by a 3rd entity, including all operation and maintenance charges for the System; and WHEREAS, On January 27, 2017, the Cities authorized the First Amendment to the Contract to provide a means for the security and payment of Bonds to be issued in one or more series for improvements, enlargements, modifications, and extensions to the System; and WHEREAS, The Contract expires on December 2, 2017 and the Cities and the Authority desire to enter into a new agreement for maintenance and operation of the System moving forward; and WHEREAS, The Cities and the Authority now deem it necessary to amend the Contract a second time to extend the expiration date for the Contract to allow adequate time for review and comment on the proposed new agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That, for and on behalf of the City of North Richland Hills, Texas (City), the Mayor, the City Manager, or Assistant City Manager is hereby authorized and directed to execute and deliver, and the City Secretary of the City is hereby authorized and directed to sign, attest, and seal, the "TRINITY RIVER AUTHORITY OF TEXAS SECOND AMENDMENT TO WASTEWATER TRANSPORTATION CONTRACT (WALKER- CALLOWAY SYSTEM)" (Second Amendment) in substantially the form and substance attached to this Resolution and made a part hereof for all purposes. SECTION 2. That, upon its execution by the parties thereto, the Second Amendment shall be binding upon the City in accordance with its terms and provisions and the appropriate officials of the City are authorized and directed to take any and all action, to execute and deliver any and all documentation and to perform any and all functions as may be necessary or appropriate according to the terms of the Second Amendment. SECTION 3. That this Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED this the 2nd day of October, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney TRINITY RIVER AUTHORITY OF TEXAS SECOND AMENDMENT TO WASTEWATER TRANSPORTATION CONTRACT (WALKER - CALLOWAY SYSTEM) THE STATE OF TEXAS TRINITY RIVER AUTHORITY OF TEXAS This Second Amendment to the Wastewater Transportation Contract for the Walker - Calloway System ( "Second Amendment") is made and entered into as of the day of , 2017, by and between the CITY OF NORTH RICHLAND HILLS, TEXAS ( "North Richland Hills "), the CITY OF HURST, TEXAS ( "Hurst "), each a municipal corporation acting under the laws of the State of Texas, and their Home Rule Charters, and the TRINITY RIVER AUTHORITY OF TEXAS ( "Authority "), a conservation and reclamation district and political subdivision of the State of Texas created and functioning under Article 16, Section 59, of the Texas Constitution, pursuant to Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended ( "Authority Act "). Hurst and North Richland Hills are individually referred to herein as a "City" and collectively referred to herein as the "Cities." The Cities and Authority acknowledge that this Second Amendment is made and entered into subject to the terms, covenants and conditions of the Wholesale Wastewater Contract between the Authority, the Cities and the City of Fort Worth ( "Fort Worth "), dated December 2, 1987 ( "Wholesale Wastewater Contract "). The Wholesale Wastewater Contract is incorporated into this Second Amendment by reference as if quoted herein and for all purposes and remains in full force and effect. RECITALS WHEREAS, the Cities previously entered into separate contracts with the Authority, both dated April 18, 1969 ( "Initial Contracts "), for the Authority's issuance of revenue bonds and construction of the Walker - Calloway Branch Outfall Trunk Sewer System for the transportation, treatment and disposal of sanitary sewage, industrial waste and other wastes and treatment of Cities wastewater ( "System "); WHEREAS, the wastewater treatment services are subject to the Wholesale Wastewater Contract; WHEREAS, the Authority has constructed the necessary infrastructure for the System which connect into a wastewater pipeline owned by Fort Worth and all of the Authority's revenue bonds issued to construct the System have been paid in full and are no longer outstanding and the Initial Contracts expired according to its terms; WHEREAS, on October 24, 2001, the Cities and the Authority entered into a contract ( "Contract ") whereby the Authority agreed to continue providing, and the Cities agreed to pay for transportation of Cities wastewater, and treatment of Cities wastewater by Fort Worth under 1 terms of the Wholesale Wastewater Contract and to pay the Authority all operation and maintenance charges for the System; WHEREAS, as the System has been constructed, improved and expanded to date, the Authority and the Cities anticipate further construction, improvement and expansion projects which will be financed through the issuance of the Bonds by the Authority (as hereinafter defined); WHEREAS, the Cities and the Authority have previously entered into a First Amendment to Wastewater Transportation Contract (Walker - Calloway System), dated February 20, 2017 (the "First Amendment ") in order to provide a means for the security and payment of Bonds to be issued in one or more series for improvements, enlargements, modifications and extensions to the System, and which First Amendment remains in full force and effect; WHEREAS, the Contract expires on December 2, 2017; however the First Amendment provides that upon issuance of Bonds, "the Contract, as amended, shall continue in full force and effect while any Bonds are outstanding "; WHEREAS, the issuance of the first series of Bonds will not be completed prior to the December 2, 2017 expiration date; WHEREAS, the Cities and the Authority deem it necessary and desirable to enter into this Second Amendment to the Contract to extend the expiration date of the Contract to allow for the issuance of Bonds for System improvements; WHEREAS, the Cities and the Authority are authorized to make and enter into this Second Amendment under the Authority Act and other applicable laws; WHEREAS, this preamble is made a part of this Second Amendment for all purposes; WHEREAS, the Contract and the First Amendment shall remain in full force and effect in accordance with their terms except as amended by this Second Amendment; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Authority agrees to issue Bonds from time to time for improvements, enlargements, modifications and extensions to the System under the Contract, as amended, and the Cities agrees to make payments on the Bonds as provided in the Contract, the First Amendment and the Second Amendment and continue to make payments for Operation and Maintenance Expenses, as defined in the Contract, as provided therein. Section 1. Section 3 of the First Amendment, which amended Section 2.01 of the Contract in its entirety, is hereby amended in its entirety as follows: "Section 3. TERM. "2.01. TERM" of the Contract is hereby amended in its entirety as follows: PJ 2.01 Term. This Contract shall continue in full force and effect until December 2, 2018 and thereafter while any Bonds are outstanding. Notwithstanding Section 9.01, no modification of this Contract may be made while Bonds are outstanding unless the Contract, as proposed to be modified, makes provisions for the full and prompt repayment of all Bonds issued for the System." Section 2. The effective date of this Second Amendment shall be November 1, 2017. Following its effective date and notwithstanding Section 1 hereof, the Contract, the First Amendment and the Second Amendment shall continue in full force and effect while any Bonds are outstanding. It is understood by the Authority and the Cities that the First Amendment has been entered into, and this Second Amendment is being entered into, to allow for the issuance of Bonds for improvements, enlargements, extensions and modifications to the System and with the knowledge and belief that the Wholesale Wastewater Contract and the Contract, as amended, will be amended, modified or supplemented. Notwithstanding Section 9.01 of the Contract, no modification of the Contract, as amended, may be made while Bonds are outstanding unless the Contract, as amended, as proposed to be modified, makes provisions to allow for the Authority's full and prompt repayment of all Bonds. Section 3. If any provision of the Contract, the First Amendment or the Second Amendment shall be held or deemed to be or shall, in fact, be invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with any provisions of any Constitution, statute, rule of public policy, or any other reason, such circumstances shall not have the effect of rendering the provision in question invalid, inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions of the Contract, the First Amendment or Second Amendment invalid, inoperative or unenforceable to any extent whatever. [The balance of this page is intentionally left blank.] 3 IN WITNESS WHEREOF, the Authority and the Cities, acting under authority of their respective governing bodies, have caused this Second Amendment to be duly executed in several counterparts, each of which shall constitute an original. ATTEST: Howard Slobodin; Secretary ATTEST: City Secretary ATTEST: Alicia Richardson, City Secretary TRINITY RIVER AUTHORITY OF TEXAS By J. Kevin Ward; General Manager CITY OF HURST, TEXAS Name Title CITY OF NORTH RICHLAND HILLS, TEXAS Mark Hindman, City Manager Date: APPROVED TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Approve the Wholesale Wastewater Services Agreement with the City of Fort Worth and authorize the City Manager to Execute the Agreement PRESENTER: Mike Curtis, Public Works SUMMARY: Council is being requested to approve the wholesale Agreement for Wastewater Service between the City of Fort Worth and North Richland Hills. This is the same agreement that all of Fort Worth's wholesale wastewater customers are being asked to approve. GENERAL DESCRIPTION: Council is aware that North Richland Hills purchases wastewater treatment from the City of Fort Worth and the Trinity River Authority. Both organizations have wholesale customer agreements that outline the responsibilities of both the wholesale customer and the organization providing the wastewater treatment. The City of Fort Worth's wholesale agreement with its customer cities expires this year (2017). A new agreement is being provided to all of Fort Worth's customer cities for execution. The current agreement was executed on May 8, 1987, as you can imagine there are several changes in the new agreement. Many of the changes involve reorganization and updating definitions and processes that have changed during the past 30 years. However, there are some changes in the new agreement that will have a financial impact to the customer cities. Below are the key changes that staff has identified- 1 . The Street Rental Fee has increased from 3% as approved in 1987 to a proposed 5% in the new agreement. The proposed 5% fee is the same amount approved in 2011 for the Wholesale Water Agreement and the same amount Fort Worth charges their retail customers. Fort Worth has been very firm about keeping the fee consistent. The new agreement also gives Fort Worth the ability to increase the Street Rental Fee during the term of the agreement. 2. A Payment in Lieu of Taxes (PILOT) fee has been included in the new agreement. There was not a PILOT in the 1987 agreement. k4FItH NORTH RICHLAND HILLS 3. The new agreement also requires customer cities to accept wastewater from adjacent areas. Fort Worth will bear the cost of metering the additional flow and deduct it for the purposes of billing the customer city, but the new agreement gives them that option. 4. A provision in the new agreement requires, with certain exceptions, that land for all metering and sampling facilities owned by the customer cities to be transferred to the city of Fort Worth. This is the only change that Fort Worth agreed to accept as long as the customer cities provided easements so that Fort Worth would have access to the metering stations. 5. The new agreement requires the customer cities to bear the cost for certain things such as dispute resolutions and litigation, and Fort Worth's costs will be considered a System Cost versus their own cost. Many of the customer cities have already executed the new wholesale agreement. The remaining cities to execute the agreement are Keller, Hurst, Watauga, Richland Hills, Haltom City, Southlake and North Richland Hills. The City Managers and some key staff from these cities met with the Fort Worth City Manager to express concerns of the continued rate increases from Fort Worth in both water and wastewater; however, the agreement will move forward without changes to the rate increase. The new agreement does not incorporate many of the changes proposed by City staff; however, executing this agreement is the best option for our city. The only other option would be to construct a wastewater treatment facility for our city. This option would be more costly than paying the increased fees to Fort Worth for the wastewater treatment service. RECOMMENDATION: To Approve the Wholesale Wastewater Services Agreement with the City of Fort Worth and authorize the City Manager to Execute the Agreement AGREEMENT FOR WASTEWATER SERVICE BETWEEN THE CITY OF FORT WORTH, TEXAS, AND CITY OF NORTH RICHLAND HILLS, TEXAS Agreement for Wastewater Service Table of Contents RECITALS 1 ARTICLE1. Definitions ............................................................................ ............................... 2 1.1 Act or "the Act" ............................................................................. ............................... 2 1.2 Biochemical Oxygen Demand (BOD) ........................................... ............................... 2 1.3 Calibration ....................................................................................... ..............................2 1.4 Capital Improvements .................................................................... ............................... 2 1.5 Chapter 395 .................................................................................... ............................... 2 1.6 Customer Connection ..................................................................... ............................... 2 1.7 Customer System ........................................................................... ............................... 2 1.8 Customer's Service Area (or "Service Area ") ................................ ............................... 2 1.9 Delivery Facilities .......................................................................... ............................... 2 1.10 Director .......................................................................................... ............................... 2 1.11 Domestic Accounts ......................................................................... ............................... 2 1.12 Facility Expansion ......................................................................... ............................... 2 1.13 Fiscal Year ..................................................................................... ............................... 3 1.14 Fort Worth System .......................................................................... ............................... 3 1.15 Impact Fee ...................................................................................... ............................... 3 1.16 Industrial User ................................................................................ ............................... 3 1.17 Industrial Wastes ............................................................................ ............................... 3 1.18 Infiltration ...................................................................................... ............................... 3 1.19 Inflow ............................................................................................. ............................... 3 1.20 Liquid Waste .................................................................................. ............................... 3 1.21 Metering and sampling facility ...................................................... ............................... 3 1.22 Non - Domestic Accounts ................................................................ ............................... 3 1.23 Unmetered Area(s) ......................................................................... ............................... 3 1.24 Parties .............................................................................................. ..............................3 1.25 Per Connection ............................................................................... ............................... 4 1.26 PILOT ............................................................................................ ............................... 4 1.27 Point of Entry ................................................................................. ............................... 4 1.28 POTW ............................................................................................ ............................... 4 1.29 Pretreatment ................................................................................... ............................... 4 1.30 Pretreatment Requirements ............................................................ ............................... 4 1.31 Sanitary Sewer Evaluation Survey ................................................. ............................... 4 1.32 Significant Industrial User or "SIU" .............................................. ............................... 4 1.33 Standard Methods .......................................................................... ............................... 4 1.34 Street Rental ................................................................................... ............................... 5 1.35 System Cost ................................................................................... ............................... 5 1.36 TCEQ ............................................................................................. ............................... 5 1.37 Total Suspended Solids (TSS) ....................................................... ............................... 5 1.38 TRA Contract ................................................................................. ............................... 5 1.39 Wastewater ...................................................................................... ..............................5 1.40 Wastewater Permits ....................................................................... ............................... 5 1.41 Wastewater Strength ...................................................................... ............................... 5 Agreement for Wastewater Service Page i of iv ARTICLE 2. Customer Connection to the Fort Worth System ................. ............................... 5 2.1 Consent to Connect ........................................................................ ............................... 5 2.2 Delivery and Payment .................................................................... ............................... 6 2.3 Connection Points .......................................................................... ............................... 6 2.4 Customer Delivery Facilities ......................................................... ............................... 6 2.5 Wastewater from Adjacent Areas .................................................. ............................... 6 ARTICLE 3. Operation and Maintenance ................................................. ............................... 7 3.1 Customer System ........................................................................... ............................... 7 3.2 Fort Worth System ......................................................................... ............................... 7 3.3 Metering and Sampling Facilities .................................................. ............................... 7 ARTICLE 4. Metering and Sampling Facilities and System Infrastructure Improvements..... 7 4.1 Customer Connections and Metering and Sampling Facilities ...... ............................... 7 4.2 Capacity Improvements ................................................................. ............................... 9 4.3 Cost of New, Enlarged or Additional Connections ....................... ............................... 9 4.4 Peak Flow and Remediation .......................................................... ............................... 9 4.5 Construction Standards ................................................................ ............................... 10 4.6 Transfer to Customer upon Termination ...................................... ............................... 10 ARTICLE5. Rights -of -Way .................................................................... ............................... 10 5.1 Rights -of -Way Granted by Customer .......................................... ............................... 10 5.2 Rights -of Way Granted by Fort Worth ........................................ ............................... 10 5.3 Construction Standards ................................................................ ............................... 11 5.4 Conflicts ....................................................................................... ............................... 11 ARTICLE 6. Metering and Sampling ...................................................... ............................... 11 6.1 Meter Reading .............................................................................. ............................... 11 6.2 Flows to be Metered ..................................................................... ............................... 11 6.3 Unmetered Areas ......................................................................... ............................... 11 6.4 Calibration ...................................................................................... .............................11 6.5 Customer Access .......................................................................... ............................... 11 6.6 Records ........................................................................................ ............................... 12 6.7 Accuracy and Corrections ............................................................ ............................... 12 6.8 Meter Out of Service .................................................................... ............................... 12 6.9 Wastewater Strength Sampling .................................................... ............................... 12 6.10 Compliance Monitoring ............................................................... ............................... 12 6.11 System Cost ................................................................................. ............................... 13 ARTICLE 7. Rates and Charges .............................................................. ............................... 13 7.1 Method of Rate Determination .................................................... ............................... 13 7.2 Initial Rates .................................................................................. ............................... 14 7.3 Billing and Payment ..................................................................... ............................... 14 7.4 Billing Dispute ............................................................................. ............................... 14 7.5 Services are Essential and Necessary .......................................... ............................... 15 7.6 Customer to Collect Sufficient Revenues .................................... ............................... 15 7.7 Customer to Adopt User Charge .................................................. ............................... 15 7.8 Rate Adjustments ............................................ :........................................................... 15 7.9 Wholesale Services Purchased by Fort Worth ............................. ............................... 15 ARTICLE 8. Industrial Connection and Monitoring ............................... ............................... 16 8.1 Additional Connections ............................................................... ............................... 16 Agreement for Wastewater Service Page ii of iv 8.2 Quality ............................................................ . ............................................................ 16 8.3 Sampling and Industrial User Disconnections ............................. ............................... 16 8.4 Questionable or Prohibited Discharges ........................................ ............................... 16 ARTICLE 9. Wastewater Quality ............................................................ ............................... 16 9.1 Industrial Wastes .......................................................................... ............................... 16 9.2 Customer Wastewater Quality Ordinance ................................... ............................... 16 9.3 Customer Wastewater Quality ..................................................... ............................... 17 9.4 Customer SIU Permits ................................................................. ............................... 17 ARTICLE 10. Resale of Wastewater Services and Large Volume Retail Customers ............. 18 10.1 No Service Outside the Customer's Service Area ........................ ............................... 18 10.2 Large Volume Users .................................................................... ............................... 18 10.3 Wholesale Customer Compliance ................................................ ............................... 18 ARTICLE 11. Infiltration and Inflow ......................................................... ............................... 18 11.1 Prevention .................................................................................... ............................... 18 11.2 Standards for Customer's Retail Connections .............................. ............................... 19 11.3 Customer Overflows .................................................................... ............................... 19 ARTICLE12. Sludge Disposal .................................................................. ............................... 19 ARTICLE13. Wastehaulers ....................................................................... ............................... 19 ARTICLE 14. Reports and Records .......................................................... ............................... 19 14.1 Data and Information ................................................................... ............................... 19 ARTICLE15. Notices ............................................................................... ............................... 20 15.1 Required Notice ........................................................................... ............................... 20 15.2 Delivery and Receipt .................................................................... ............................... 20 15.3 Change of Address Notices .......................................................... ............................... 20 ARTICLE 16. Inspection and Audit .......................................................... ............................... 20 ARTICLE 17. Ownership and Liability .................................................... ............................... 21 17.1 Ownership .................................................................................... ............................... 21 17.2 Liability .......................................................................................... .............................21 17.3 Independent Contractors .............................................................. ............................... 21 ARTICLE 18. Compliance with Permit Conditions .................................. ............................... 21 ARTICLE19. Term ................................................................................... ............................... 22 ARTICLE20. Force Majeure ..................................................................... ............................... 22 20.1 Notice and Suspension ................................................................. ............................... 22 20.2 Definition ....................................................................................... .............................22 ARTICLE 21. Breach, Termination and Other Remedies ......................... ............................... 22 21.1 Termination by Mutual Consent .................................................. ............................... 22 21.2 Termination for Material Breach ................................................. ............................... 22 21.3 Termination for Repeated Breach ................................................ ............................... 23 21.4 Material Breach ............................................................................ ............................... 23 21.5 Notice and Cure ........................................................................... ............................... 23 21.6 Notice and Cure for Nonpayment of Impact Fees ....................... ............................... 24 21.7 Notice and Cure for Breach of SIU Obligations .......................... ............................... 24 21.8 Effect of Termination ................................................................... ............................... 24 21.9 No Waiver by Fort Worth ............................................................ ............................... 24 21.10 No Waiver by Customer .............................................................. ............................... 24 ARTICLE22. Impact Fees ........................................................................ ............................... 25 Agreement for Wastewater Service Page iii of iv 22.1 Calculation of Impact Fees .......................................................... ............................... 25 22.2 Payment of Impact Fees ............................................................... ............................... 25 22.3 Use of Impact Fees ....................................................................... ............................... 25 22.4 Impact Fee Report ........................................................................ ............................... 26 22.5 No Waiver .................................................................................... ............................... 26 22.6 Customer Impact Fee Committee ( "CIFC ") ................................ ............................... 26 22.7 Capital Improvements Plan .......................................................... ............................... 26 22.8 Dissemination of Documents ....................................................... ............................... 26 22.9 Current Impact Fees ..................................................................... ............................... 27 22.10 Changes to Chapter 395 ............................................................... ............................... 27 ARTICLE 23. Wholesale Wastewater Advisory Committee .................... ............................... 27 ARTICLE24. Miscellaneous .................................................................... ............................... 27 24.1 Favored Nations ........................................................................... ............................... 27 24.2 Subject to Laws and Permits ........................................................ ............................... 27 24.3 Entry on Customer's Premises ..................................................... ............................... 27 24.4 Alternative Dispute Resolution .................................................... ............................... 28 24.5 Inspection and Audit .................................................................... ............................... 28 24.6 Use and Sale of Treated Effluent ................................................. ............................... 28 24.7 Diversion of Untreated Effluent ................................................... ............................... 28 24.8 Assignment .................................................................................. ............................... 29 24.9 No Waiver .................................................................................... ............................... 29 24.10 Venue ........................................................................................... ............................... 29 24.11 Construction ................................................................................... .............................29 24.12 Effect of Agreement ..................................................................... ............................... 29 24.13 Severability .................................................................................. ............................... 29 24.14 System Regulatory Actions .......................................................... ............................... 30 24.15 Additional Contract Terms .......................................................... ............................... 30 24.16 Exhibits ........................................................................................ ............................... 30 ARTICLE25. Effective Date .................................................................... ............................... 30 EXHIBIT A — MAP - Boundaries of the Customer's Service Area and Mutually Agreed Point(s) of Connection EXHIBIT B — Example of Monthly Wastewater Bill Calculation EXHIBIT C — Calculation of PILOT and Cost-of-Service Revenue Requirement to Recover the Cost of PILOT EXHIBIT D — Additional Terms Agreement for Wastewater Service Page iv of iv AGREEMENT FOR WASTEWATER SERVICE BETWEEN THE CITY OF FORT WORTH, TEXAS, AND CITY OF NORTH RICHLAND HILLS, TEXAS STATE OF TEXAS § COUNTY OF TARRANT § This Contract and Agreement ( "Agreement ") is made and entered into this — day of , 20_, by and between the City of Fort Worth, a municipal corporation located in Tarrant County, Texas, acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, hereinafter called "Fort Worth," and the City of North Richland Hills, located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager, hereinafter called "Customer," and hereinafter collectively referred to as the "Parties ". RECITALS A. WHEREAS the public health, welfare and safety of the residents of Fort Worth and Customer require the development of adequate systems of sewage collection and disposal, the elimination of water pollution and the preservation of the water resources of the area; and B. WHEREAS Fort Worth and Customer are required to comply with standards and treatment methods for wastewater as set forth in federal, state and local laws and regulations and permits; and C. WHEREAS Fort Worth and Customer have an interest in maintaining and restoring the chemical, physical and biological integrity of waters and water resources and preventing pollution in said waters and water resources, and planning the use, development, restoration, preservation and enhancement of said waters and water resources; and; D. WHEREAS, Fort Worth and Customer have previously entered into a contract, being known as Fort Worth City Secretary Contract No. 15715, dated May 8, 1987 [and No. 6300, dated April 18, 1969,] together with any and all amendments thereto dated July 2, 1991 and March 25, 1997, said contract[s] and amendments, if any, providing for wholesale wastewater services; and; E. WHEREAS, Customer desires to continue to contract for wholesale wastewater service and Fort Worth desires to continue to provide wholesale wastewater service under contract to Customer; and F. WHEREAS, Chapter 552 of the Texas Local Government Code and Chapter 791 of the Texas Government Code, authorize Fort Worth and Customer to enter into this Agreement; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS that for and in consideration of the mutual covenants, promises and agreements contained herein, Fort Worth and Customer do hereby covenant and agree as follows: Agreement for Wastewater Service Page I of 31 ARTICLE 1. Definitions The following definitions apply throughout this Agreement: 1.1 Act or "the Act ". The Federal Water Pollution Control Act, also known as the Clean Water Act ( "CWA "), as amended (33 U.S.C. 1251, et seq.). 1.2 Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter specified by procedure in Method 5210B in the Standard Methods for the Examination of Water and Wastewater, and results expressed in terms of weight and concentration (milligrams per liter (mg /L)) 1.3 Calibration. Verification of primary measuring device and secondary instrumentation accuracy utilizing standard primary device procedures and calibration signals and /or a separate flow measurement instrument. 1.4 Capital Improvements. Any of the following facilities which provide utility services and that have a life expectancy of three (3) or more years, whether such capital improvements are located within the extraterritorial jurisdiction or corporate limits of Fort Worth or Customer: wastewater treatment facilities, metering and sampling facilities, control systems and appurtenances, storage or retention facilities, and all major collectors and interceptors that are eighteen inches (18 ") and greater in diameter and lift stations, if any, associated therewith. 1.5 Cha tep r 395. Chapter 395 of the Texas Local Government Code, as it may be amended or re- codified from time to time. 1.6 Customer Connection. See Point of Entry. 1.7 Customer System. The facilities of Customer used for pretreatment, collection and transportation of wastewater to the Point of Entry. 1.8 Customer's Service Area (or "Service Area "). Unless otherwise shown on Exhibit A, the Customer's Service Area is the area within the Customer's city limits (its corporate boundaries), and does not include the Customer's extra- territorial jurisdiction. 1.9 Delivery Facilities. All facilities used for the transmission of wastewater to the Fort Worth System that are on the Customer's side of the Point of Entry and directly connected to the Fort Worth System, including all upstream pipelines of the same or larger diameter. 1.10 Director. The Director of the Fort Worth Water Department or his designee. 1.11 Domestic Accounts. Single - family and residential duplex dwellings served by one meter. This definition is used only in the context of determining billing Per Connection. 1.12 Facility Expansion. The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization, or an expansion of an existing facility to better serve existing development. Agreement for Wastewater Service Page 2 of 31 1.13 Fiscal Year. The fiscal year of Fort Worth, which is from October 1St through September 3 0th. 1.14 Fort Worth System. Fort Worth's wastewater system, including all facilities for wastewater collection, storage and retention, treatment, treated wastewater disposal, sludge handling and disposal, and producing finished wastewater for beneficial reuse. As used in this Agreement, the term "Fort Worth System" does not include any beneficial reuse pipelines and its related distribution facilities. 1.15 Impact Fee. A capital contribution funding or recouping the cost of Capital Improvements necessitated by and attributable to new development or new connections to the Fort Worth System, subject to and as provided in Article 22 of this Agreement. 1.16 Industrial User. A person (as defined in the Act) that introduces pollutants into the Fort Worth System from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. 1.17 Industrial Wastes. Any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade or business. 1.18 Infiltration. Water that has migrated from the ground into the wastewater system. 1.19 Inflow. Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, Infiltration water. 1.20 Liquid Waste. The water -borne solids, liquids, and gaseous substances derived from certain sources including, but not limited to, grease trap, septic tank, chemical toilet waste and sand trap waste. 1.21 Metering and samplin fg acility. The meter, meter vault, and all metering and telemetry equipment required to measure and /or sample Customer wastewater flows that enter the Fort Worth System. 1.22 Non - Domestic Accounts. Commercial, industrial, multi - family or other accounts that are not considered Domestic Accounts. This definition is used only in the context of determining billing Per Connection. 1.23 Unmetered Area(s). Areas within the Customer's corporate or certificated boundaries that generate wastewater that do not drain into a part of the Customer System for which wastewater flow is measured by an approved metering and sampling facility. 1.24 Parties. Fort Worth and the Customer, or each individually. Agreement for Wastewater Service Page 3 of 31 1.25 Per Connection. Billing or charging "Per Connection" means charging for Unmetered Area connections as provided in § 6.3. 1.26 PILOT. Payment in Lieu of Taxes, as described in Exhibit C. 1.27 Point of Entry. The Point of Entry (or "Customer's Connection ") is the upstream entry point to each metering and sampling facility from which the Customer's wastewater flows into the Fort Worth System, as shown on Exhibit A and described in § 2.3. 1.28 POTW. Publicly owned treatment works. 1.29 Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a Publicly Owned Treatment Works. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d). 1.30 Pretreatment Requirements. Pollutant concentration discharge limitation and reporting requirements stipulated in Fort Worth City Code Article VI: Industrial Wastewater, and any amendments thereto, and the Customer's Code, as hereinafter amended, and Federal Pretreatment Standards promulgated by the U.S. Environmental Protection Agency. 1.31 Sanitary Sewer Evaluation Survey. A Sanitary Sewer Evaluation Survey or "SSES" is a survey as described in § 4.4 1.32 Significant Industrial User or "SIU ". (a) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR § 403.6 and 40 CFR Chapter I, Subchapter N, as amended from time to time; (b) Any other Industrial User that discharges an average of twenty -five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow -down wastewater); contributes a process wastestream which makes up five percent (5 %) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Director on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR § 403.8(f)(6)); or (c) Any other person or entity that falls within the definition of Significant Industrial User in the Fort Worth City Code, as it may be amended from time to time. 1.33 Standard Methods. Those testing or analysis procedures as prescribed in the then current edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association and /or the U.S. Environmental Protection Agency Manual of Methodologies for the Examination of Water and Wastewaters, or as will otherwise comply with procedures specified in state and federal discharge permits held by Fort Worth. Agreement for Wastewater Service Page 4 of 31 1.34 Street Rental. The Street Rental charged to the wholesale customers of the Fort Worth System is intended to be compensation for use of public rights -of -way. The Street Rental is established at five percent (5 %) of the revenue requirements, excluding Payment in Lieu of Taxes (PILOT). The Street Rental cannot be decreased without the consent of Fort Worth in its sole discretion and, in the event of an increase, can only be increased in one percent (1 %) increments once every five (5) years starting on the anniversary date of this Agreement, and shall never exceed the rate being collected from the natural gas franchised utility serving the City of Fort Worth or the rate collected from the retail wastewater customers of Fort Worth, whichever is less. 1.35 System Cost. System Cost, as provided in § 7.1.2. 1.36 TCEO. The Texas Commission on Environmental Quality or its successor agency. 1.37 Total Suspended Solids (TSS). Solids, measured in mg /L, that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device. Also referred to as Total Non - Filterable Residue. 1.38 TRA Contract. Fort Worth City Secretary Contract No. 16054 "Trinity River Authority of Texas — Denton Creek Regional Wastewater Treatment System Contract," and Fort Worth City Secretary Contract No. 8632 between the Trinity River Authority of Texas and the City of Fort Worth entered into as of the 20th day of February, 1976, and any amendments to those agreements. 1.39 Wastewater. All liquid or water - carried waste products from whatever source derived, together with such Inflow and Infiltration as may be present, whether treated or untreated, which is discharged into or permitted to enter into the Fort Worth System. The words "wastewater" and "sewage" are interchangeable. 1.40 Wastewater Permits. The TCEQ Texas Pollutant Discharge Elimination System permit issued to Fort Worth for the Village Creek Water Reclamation Facility, as it may be renewed or amended from time to time or any another POTW, wastewater treatment plant or water reclamation facility that is owned or operated (directly or through contract) by Fort Worth. 1.41 Wastewater Strength. The concentrations of BOD and TSS and, where relevant or applicable under TCEQ or EPA regulations, concentrations of other wastewater pollutants or contaminants. ARTICLE 2. Customer Connection to the Fort Worth System 2.1 Consent to Connect. All subject to the Customer's compliance with the terms and conditions of this Agreement, Fort Worth agrees that the Customer may connect its System to the Fort Worth System at the agreed Point(s) of Entry and that Fort Worth will accept for collection, transportation, treatment and disposal the wastewater that the Customer delivers to the Fort Worth System through the agreed Point(s) of Entry. Agreement for Wastewater Service Page 5 of 31 2.2 Delivery and Payment. Customer agrees to deliver wastewater into the Fort Worth System and to pay for Fort Worth's wastewater services all in accordance with the terms and conditions of this Agreement. 2.3 Connection Points. Customer shall connect its System to the Fort Worth System only at the Point(s) of Entry designated on Exhibit "A" and at such additional points of entry as may later be mutually agreed upon in writing signed by both Parties. Where no metering facility is used (Unmetered Area connections), the Point of Entry is where the Customer's System connects to the Fort Worth System, unless otherwise mutually agreed upon in writing. 2.4 Customer Delivery Facilities. Unless otherwise agreed by the Parties in writing, Customer is responsible for the design, contracting, construction and financing of its Delivery Facilities and the acquisition of any necessary rights -of -way and easements for, to and from such facilities. All designs, materials and specifications shall conform to or be at least as stringent as Fort Worth's requirements for such facilities. The Customer shall submit to the Director for written approval all plans and specifications for any Delivery Facilities. Such approval shall not be unreasonably withheld; however, no construction of such Delivery Facilities will begin until such approval has been given. Upon completion, Customer shall provide record drawings in a format reasonably acceptable to Fort Worth. Customer agrees that Fort Worth has the right to make periodic inspections during construction of the Delivery Facilities. Final completion and connection of such Delivery Facilities to the Point of Entry is subject to the continuing inspection and written approval of the Director. 2.5 Wastewater from Adjacent Areas. At the request of the Director, Customer agrees to allow wastewater from areas and premises adjacent to the Customer's boundaries and within the boundaries of Fort Worth's or another Fort Worth wholesale customer's service area, to flow through Customer's System, subject to the Texas Water Code and TCEQ regulations regarding service areas. The metered quantity of wastewater from this area transported into the Fort Worth System each month shall be measured Per Connection or, at the option of Customer or Fort Worth, and where the wastewater flows are of sufficient volume that metering is practicable, metering and sampling facilities may be installed at the expense of Fort Worth to meter and sample all wastewater from this adjacent area. The quantity of wastewater from this adjacent area shall be deducted from the quantity of the Customer's wastewater passing through the Customer's connection to the Fort Worth System before volume charges for wastewater service to Customer are computed and, if the meter serving those customers has been equipped to measure it, the Customer's billing shall also be adjusted for differences in the Wastewater Strength of the adjacent area. When additional pipeline capacity is required to transport the flows, Customer agrees that it shall be responsible for its proportional cost of the additional capacity needed to serve Customer's current or projected future flows as agreed upon by the Customer and Fort Worth. The cost of additional infrastructure shall be borne by the Customer and Fort Worth, in proportion to the projected flow volumes of each. Customer shall not be responsible for the cost of additional capacity needed solely to serve adjacent areas not under Customer's jurisdiction. Agreement for Wastewater Service Page 6 of 31 ARTICLE 3. Operation and Maintenance 3.1 Customer System. Customer agrees to maintain its System in good condition and to make repairs in a timely manner. Fort Worth shall not have any responsibility or liability now or ever for the operation or maintenance of the Customer System, except as the Parties may otherwise agree in writing. 3.2 Fort Worth System. Fort Worth agrees to maintain its System in good condition and to make repairs in a timely manner. Customer shall not have any responsibility or liability now or ever for the operation or maintenance of the Fort Worth System, except as otherwise provided in this Agreement. 3.3 Metering and Sampling Facilities. After transfer to Fort Worth as provided in article 4, Fort Worth shall become solely responsible for the operation and maintenance of metering and sampling facilities connected to its System. ARTICLE 4. Metering and Sampling Facilities and System Infrastructure Improvements 4.1 Customer Connections and Metering and Sampling Facilities. Either Customer or Fort Worth, with written consent of the Director and execution of the necessary agreements, may construct the Customer Connection, Metering and Sampling Facilities. 4.1.1 Cost of Customer Connection. Customer shall pay the cost of each new, enlarged or additional Customer connection to the Fort Worth System and related metering and sampling facilities, including new or modified wholesale meters as necessary to accommodate increased Customer flows. Such Customer costs include costs of. design, engineering; site acquisition and preparation; construction and inspection; the facility equipment, the final connection, and all necessary easements and rights -of -way, including those for access to the meter site. 4.1.2 Facilities Transfer to Fort Worth. Customer shall transfer (or arrange for transfer) to Fort Worth all metering and sampling facilities connecting the Customer's System to the Fort Worth System, together with the sole authority to operate and maintain the facilities. All transfers shall be within 60 days of the Effective Date or the completion of the facilities, whichever is later, and shall be accomplished with documents in a form satisfactory to Fort Worth. Thereafter, Fort Worth shall be solely responsible for the operation, and maintenance of the metering and sampling facilities, and such costs shall be a System Cost. 4.1.3 Site Transfer to Fort Worth. Unless otherwise prohibited by law or contract, Customer shall transfer to Fort Worth all of Customer's fee simple or other property rights in the land that is the site for the metering and sampling facilities. To the extent that the property is larger than necessary, or Customer needs to retain a portion of the property for other purposes, Fort Worth or Customer may choose to exclude that portion of the property that is not reasonably necessary for the operation, maintenance, sampling and testing, repair or replacement of the facilities. All transfers shall be within 60 days of the Effective Date or the Agreement for Wastewater Service Page 7 of 31 completion of the facilities, whichever is later, and shall be accomplished with documents in a form satisfactory to Fort Worth. 4.1.4 Access. Customer will secure and transfer to Fort Worth continuous rights of access, ingress and egress to the Customer metering and sampling facilities and, subject to any necessary consents, transfer or assign to Fort Worth any permits, access agreements, licenses, easements or rights -of -way that Fort Worth agrees are needed for the continuous operation and maintenance of, and access to, all metering and sampling facilities for as long as this Agreement is in effect. 4.1.5 Credit for Transfers. The Customer's transfers to Fort Worth under §§ 4.1.2 - 4.1.4 above shall be treated as a Customer contribution for rate purposes, but the transfers shall not be any indicia of equity ownership in the metering and sampling facilities or in the Fort Worth System. 4.1.6 Fort Worth Optional Construction. As determined by the Director for the efficient operation of the Fort Worth System or service to its customers, and unless otherwise agreed in writing by both Parties, Fort Worth shall have the option, but not the obligation, to design and construct, to acquire site property, and to obtain necessary permits, ingress, egress and access agreements, licenses, easements or rights -of -way for: (a) Additional Customer metering and sampling facilities not in existence on the Effective Date (for example, for Unmetered Areas), including any modifications to the Customer's Delivery Facilities necessary to accommodate a complete initial installation satisfactory to Fort Worth; and (b) Improvement, expansion, upgrading or replacement of existing or future Customer metering and sampling facilities. Customer has the right to review Fort Worth's proposed construction, expansion, and replacement plans for such construction before it begins. All costs of such optional construction undertaken by Fort Worth shall be a System Cost. 4.1.7 Operation and Maintenance Expenses. Expenses incurred by Fort Worth for the operation and maintenance of Customer metering and sampling facilities shall be System Costs and shall include the following: (a) Electricity at the facility; (b) Initial telemetry connection to the facility and the control center, and any routine periodic charges for telephone, data or other communication services; (c) Meter calibration; Agreement for Wastewater Service Page 8 of 31 (d) Parts, materials and supplies for calibration, repair and maintenance of the facilities; (e) Labor cost plus fringe benefits and indirect costs for calibration, repair and maintenance of the facilities; and (f) Maintenance of ingress, egress and meter facility site. 4.2 Capacity Improvements Customer and Fort Worth agree to cooperate in determining the need for additional downstream Capital Improvements, and related construction schedules and cost - participation and will seek to manage downstream flows and /or peals flows consistent with Fort Worth's and the Customer's master planning or capital improvement planning. Customer agrees to notify Fort Worth before it begins constructing significant expansions or additions to its System. 4.3 Cost of New, Enlarged or Additional Connections . Except for the System Cost authorized in § 4.1.6 above, Customer shall pay the cost of each new, enlarged or additional Customer connection to the Fort Worth System, including the cost of the Delivery Facilities, the Metering and Sampling Facilities, and the Customer's proportionate share of any improvements required for that connection or related service to be provided after the Point of Entry. The Customer's cost shall be calculated in the same manner as the "developer's cost" for special facilities, including pipelines, under Fort Worth's then - existing Water and Wastewater Installation Policy, as determined by the Director. Customer will pay that amount to Fort Worth before making the new, enlarged or additional connection to the Fort Worth System, and the amount shall not be a System Cost. 4.4 Peals Flow and Remediation. In any 12 -month period, if the volume of the Customer's wholesale wastewater flow into the Fort Worth System for any one day exceeds 4 times the average of the Customer's actual daily flow, averaged over the prior 3 fiscal years, then a Sanitary Sewer Evaluation Survey (SSES) is required in response to the exceedance, as follows. 4.4.1 Within a reasonable time after such an exceedance, Fort Worth will send a Notice to Customer stating the specific date(s) and vohunes of the flows that resulted in the exceedance, and describing the schedule and procedures for submitting the results and implementing the required SSES. 4.4.2 The SSES is a survey of the affected portion of the Customer System sufficient to identify the cause or source of the wastewater flows that have resulted in the exceedance. The SSES may include activities such as additional flow measurements, smoke tests or inspections and the final report shall list specific remedial actions. The costs of the SSES and performance of the remedial actions recommended in the SSES must be borne by Customer, to the extent necessary to eliminate or accommodate the Customer's increased flows. 4.4.3 If Customer fails to perform the SSES and pay the costs of the remedial action as required by this § 4.4 and the exceedance is repeated then, in addition to any remedies available under Article 21, Fort Worth has the right to recover from the Customer all of Fort Worth's incremental costs of handling the increased flows, Agreement for Wastewater Service Page 9 of 31 such as infrastructure improvements and any regulatory agency fines that may be levied, or corrective action required by TCEQ, as a result of the Customer's repeated exceedance(s). Fort Worth shall provide documentation that the Customer's exceedances resulted in such incremental costs and any costs recovered from Customer shall not also be included as a System Costs. 4.4.4 The Director may waive the requirement for the Customer to perform the SSES or to implement recommended remedial action if, in his sole opinion, the SSES or the recommended remediation is not necessary to protect the interests of Fort Worth. 4.5 Construction Standards. Any design, construction, installation or replacement of wholesale meters, sampling facilities, Delivery Facilities, or other Capital Improvements for providing service under this Agreement shall comply with 30 Texas Administrative Code Ch. 217 and Fort Worth's standards and specifications, as they are in effect at the time of the construction. After initial construction, the "time of the construction" is the date of any subsequent upgrade or replacement. 4.6 Transfer to Customer upon Termination. Upon expiration or termination of this Agreement under its terms by either Party, Fort Worth shall transfer back to Customer any metering and sampling facilities, rights of access, ingress and egress, and any permits, access agreements, licenses or easements and rights -of -way that Customer previously conveyed, transferred or assigned to Fort Worth under the terms of this Article 4. ARTICLE 5. Rights -of -Way 5.1 Rights- of -Wgy Granted by Customer. Customer shall grant, without charge to Fort Worth, such easements and rights -of -way along public highways or other property owned by Customer, as requested by Fort Worth, in order to construct and maintain wastewater mains or facilities within the Customer's Service Area to provide wastewater service to Customer and to other areas. If two or more locations are mutually acceptable to Fort Worth and Customer, then Customer may select the final location from among them. Upon notice from Customer and at Fort Worth's expense, Fort Worth will move its wastewater lines or other facilities located in such street rights -of -way or on other property owned by Customer when reasonably necessary to the performance of essential governmental duties by Customer. Fort Worth's relocation costs under this § 5.1 shall be a System Cost to the extent that the lines are related to service to Fort Worth's wholesale wastewater customers. 5.2 Rights -of Way Granted by Fort Worth. Fort Worth shall grant, without charge to Customer, such easements and rights -of -way along public highways or other property owned by Fort Worth, as requested by Customer, in order to construct and maintain wastewater mains or facilities within Fort Worth to provide wastewater service to Customer under this Agreement. If two or more locations are mutually acceptable to Fort Worth and Customer, then Fort Worth may select the final location from among them. Upon notice from Fort Worth and at the Customer's expense, Customer will move such wastewater mains or facilities when located in such street rights -of -way or other property owned by Fort Worth when reasonably necessary to performance of essential governmental duties by Fort Worth. Agreement for Wastewater Service Page 10 of 31 5.3 Construction Standards. All work done by or on behalf of Fort Worth under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed within Fort Worth, and the applicable Party will use its best efforts to restore the others' property to as near original condition as feasible unless otherwise mutually agreed in writing. 5.4 Conflicts. Fort Worth and Customer agree to coordinate the location of the mains and /or facilities in the other's easements and rights -of -way in order to prevent further conflicts insofar as is reasonably practicable. ARTICLE 6. Metering and Sampling 6.1 Meter Reading. Fort Worth will read all Customer Point of Entry meters at monthly intervals, and the Parties shall have free access to read these respective meters daily, if either Party so desires. Each Party has the duty to give immediate notice to the other of any meter that it finds is not functioning properly, and Fort Worth shall promptly investigate and make any necessary repairs. 6.2 Flows to be Metered. All flow discharged into the Fort Worth System by Customer shall be metered, unless specifically agreed otherwise by both Parties in writing. Fort Worth agrees to allow those Customers served on a per connection basis, with prior approval from Fort Worth to remain on per connection until conditions allow for the flow to be metered. 6.3 Unmetered Areas. If, in the judgment of the Director, the sewage generated within one or more areas of the Customer cannot be accurately measured by an approved type of metering station, then the charge for sanitary sewer service within that drainage area will be calculated Per Connection as follows: For monthly billing purposes, the total gallons of sewage for the Unmetered Areas will be calculated as the sum of. (i) the total gallons of metered water of all Non - Domestic Accounts within the area plus (ii) the number of Domestic Accounts within the area times 10,500 gallons. The Parties agree that the 10,500 gallons for Domestic Accounts already accounts for Inflow and Infiltration, and therefore needs no further adjustment for it. The total volume so derived each month will be used as the basis for calculating the total wastewater charges due each month for that Unmetered Area and such charges will be added to any other charges for metered connections. For all such Unmetered Areas, Customer will be responsible for providing data each month on the number of Domestic Accounts and the metered water volume of all Non - Domestic Accounts. This data will be provided by Customer to Fort Worth no later than the 5th of each calendar month. 6.4 Calibration. Fort Worth shall calibrate and routinely service the meters no less than once during each six (6) month period. Copies of the results of such calibration and all related information shall be provided to Customer. Fort Worth shall notify the Customer at least seventy -two (72) hours in advance of the date and time for any calibration and Customer may observe, if so desired. 6.5 Customer Access. Customer shall have access to the metering and sampling facilities at all reasonable times; provided, however that any reading, calibration or adjustment to such Agreement for Wastewater Service Page 11 of 31 metering equipment shall be done only by employees or agents of Fort Worth, or other mutually approved third party calibration agent in the presence of representatives of Customer and Fort Worth, if so requested by Customer. Notice of any proposed third -party calibration shall be provided to all Parties at least seventy -two (72) hours in advance. 6.6 Records. All readings of meters will be entered into the records maintained by Fort Worth. Customer shall have access to such records during reasonable business hours and shall be furnished with monthly totalizer readings for each Customer Point of Entry metering and sampling facility. 6.7 Accuracy and Corrections. Upon any calibration, if it is determined that the accuracy envelope of such meter is found to be lower than ninety -five percent (95 %) or higher than one hundred five percent (105 %) expressed as a percentage of the full scale of the meter, the registration of the flow as determined by such defective meter shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one -half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months 6.8 Meter Out of Service. If any meter used to determine volume from Customer is out of service or out of repair so that the amount of wastewater metered cannot be ascertained or computed from the reading thereof, the wastewater delivered through the period such meter is out of service or out of repair shall be estimated and agreed upon by the Parties on the basis of the best data available. The basis for estimating such flow includes, but is not limited to, extrapolation of past patterns of flow for said metering station under similar conditions. If Parties cannot reach agreement on the extrapolated estimate of wastewater volume delivered, then agreement on the flow volume will be determined by § 24.4 dispute resolution. 6.9 Wastewater Strength Sampling. Fort Worth shall periodically sample and test the wastewater at the metering and sampling facilities or other agreed upon sampling points for the purposes of billing for the Wastewater Strength. Unless otherwise agreed in writing, sampling and testing of wastewater shall occur three times per year. To determine the Wastewater Strength, Fort Worth shall collect twenty -four (24) hour flow- weighted composite samples for a period of not less than five (5) consecutive twenty -four (24) hour periods. Fort Worth will provide Customer with a minimum of seven (7) day advance notice of intent to sample, or such notice as is sufficient to allow Customer to arrange the services of a qualified laboratory. If, at the request of Customer or at the request of the Director, more extensive sampling and testing is desired, it shall be paid for by the Party making the request and shall be done in compliance with this Article 6. If Customer requests such additional sampling and testing, then Fort Worth shall invoice Customer and payment shall be made within ten (10) days after receipt of invoice. The notice required in this section shall include the planned dates, times, and location(s) of sampling. Fort Worth shall analyze the samples collected in accordance with standard methods. Customer may be present during the initial setup of sampling equipment and at the time of pickup for each twenty -four (24) hour composite sample. Fort Worth agrees, if requested, to split the wastewater samples with Customer. 6.10 Compliance Monitoring. If in the opinion of the Director, compliance monitoring is required, the Director may order that additional monitoring be performed with or without prior Agreement for Wastewater Service Page 12 of 31 notice to Customer. Such compliance monitoring is to be in addition to the periodic sampling and testing set forth in § 6.9. All information obtained as a result of such compliance monitoring shall be provided to the Customer upon request. Fort Worth will provide notice of such compliance monitoring to Customer within a reasonable time thereafter. 6.11 System Cost. Costs incurred by Fort Worth under this Article 6 will be a System Cost. ARTICLE 7. Rates and Charges 7.1 Method of Rate Determination. 7.1.1 Wholesale wastewater rates will be based upon an annual cost-of-service rate study, with a rate study conducted every three years by an independent utility rate consultant as provided for in § 7.1.4. The independent utility rate consultant shall be selected by the Director from a list of qualified firms submitted to the Director by the Wholesale Wastewater Advisory Committee. All firms to be considered must identify all employees previously employed by the City of Fort Worth within 5 years of the submittal date. All cost -of- service studies shall be conducted utilizing the utility cost basis of determining revenue requirements applicable to the wholesale customer class and shall be a System Cost. 7.1.2 The System Cost (i.e., the cost -of- service for the wholesale customer class) shall include allocated reasonable and necessary operation and maintenance expense; depreciation expense; a fair and reasonable return on allocated capital facilities as provided in § 7.1.3; general and administrative costs; commodity charges; the cost of treating wastewater, including Inflow and Infiltration; TRA Contract charges; Street Rental (calculated as provided in § 1.34); and Payment In Lieu of Taxes ( "PILOT" calculated as provided in Exhibit Q. To determine the allocation and distribution of costs to the wholesale customer class, the independent utility rate consultant shall consider at least the following factors: total volume, rate of flow, Wastewater Strength, metering, and customer related costs such as accounting, billing, monitoring, and pretreatment and SIU permitting. Capital related costs will consist of depreciation expense and return on original cost rate base. The "rate base" shall consist of all allocated capital facilities, net of depreciation and contributions, and shall include construction work in progress, a reasonable allowance for working capital, and a reasonable inventory of materials and supplies necessary for the efficient operation of the Fort Worth System. The methodology shall be that used in the most recent wholesale wastewater rate study completed and approved by the Fort Worth City Council before the Effective Date, which Customer acknowledges having received prior to executing this Agreement. Records of the original cost and the accumulated depreciation of all capital facilities shall be maintained in the Fort Worth computerized asset tracking system. These records shall be available for inspection at the Fort Worth Water Department during reasonable business hours upon request by Customer. Agreement for Wastewater Service Page 13 of 31 7.1.3 Fort Worth shall be allowed to earn and recover in rates a rate -of- return on the rate base as described in § 7.1.2. That rate of return shall be equal to the weighted average imbedded cost of outstanding debt plus one and one -half percent (1- 1/2 %). The Parties agree that this rate of return is reasonable. 7.1.4 Every three years, beginning with Fiscal Year 2020, a detailed wholesale wastewater rate study will be performed by an independent utility rate consultant selected by the Director in conformance with § 7.1.1. The same methodology used in the immediate previous rate study will be utilized by the rate consultant so selected. In the interim Fiscal Years between detailed rate studies, Fort Worth will adjust wholesale wastewater rates annually, using the same methodology as the last detailed rate study, and will utilize the actual operating data for the twelve (12) month period ending September 30"' of the prior year, adjusted for all known and measurable changes in cost data that may have occurred since the last audited financial statement. Such adjustments should allow for year -end trending and the spreading of non - recurring expenses over an appropriate benefit period. 7.1.5 Changes in the wholesale wastewater rate methodology will be allowed if recommended by a majority vote of the Wholesale Wastewater Advisory Committee and approved by the Fort Worth City Council. For purposes of this § 7.1.5, a majority is defined as any combination of Fort Worth wholesale customers that generated more than fifty percent (50 %) of the wholesale wastewater flows into the Fort Worth System during the immediate past Fiscal Year. 7.2 Initial Rates. The rates and charges as of the Effective Date shall be those calculated by the most recent wholesale wastewater cost of service study and adopted by the Fort Worth City Council to take effect during the current Fiscal Year, and include the Volume Charges, Wastewater Strength Charges (per pound of BOD and TSS) and Monthly Customer Charges. 7.3 Billing and Payment. Bills for wastewater service under this Agreement shall be rendered to Customer monthly by Fort Worth, and shall be due and payable by Customer not more than thirty (3 0) days from the billing date. The bills will show current charges, as well as past -due charges, if any. Current charges are the amount due for wastewater services provided since the prior billing period. Past -due charges shall be the total amount unpaid from all prior billings as of the current billing date. Payments received by Fort Worth shall first be applied to the past -due charges, if any, and thereafter to the current charges. 7.4 Billing Dispute. If Customer disputes a bill and is unable to resolve the difference informally, Customer shall notify the Director in writing. If the Director and Customer are unable to resolve the disputed bill, agreement on the bill will be determined by § 24.4 dispute resolution procedures. Dispute of a bill is not grounds for non - payment. If a bill or other payment is not paid as specified in this Agreement, a finance charge of ten percent (10 %) per annum will be calculated from the date which the payment was required to be made. If a billing adjustment is agreed upon or otherwise established by dispute resolution, then the amount found to be overcharged will be credited to Customer's account together with an interest charge of ten Agreement for Wastewater Service Page 14 of 31 percent (10 %) per annum calculated from the date Fort Worth received payment of the disputed bill. 7.5 Services are Essential and Necessary. The Parties agree that services obtained pursuant to this Agreement are essential and necessary to the operation of Customer's System and that all payments made by Customer hereunder shall constitute reasonable and necessary operating expenses of Customer's System within the meaning of § 1502.056 of the Texas Government Code and the provisions of any and all ordinances of Customer authorizing the issuance of any revenue bonds of Customer which are payable from its waterworks and wastewater systems. 7.6 Customer to Collect Sufficient Revenues. Customer agrees, throughout the term of this Agreement, to fix and collect such rates and charges for wastewater service to be supplied as will produce revenues in an amount equal to at least (i) all of operation and maintenance expenses of such system, including specifically its payments under this Agreement; and (ii) all other amounts as required by law and the provisions of the ordinances or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. 7.7 Customer to Adopt User Charge. Customer specifically agrees to adopt and maintain in effect for the life of this Agreement an ordinance providing for a user charge system in full accord with relevant EPA and TCEQ regulations 7.8 Rate Adjustments. Customer understands that Fort Worth City Council has the right to annually revise the rates charged to cover all reasonable, actual, and expected costs. Revision of rates shall be pursuant to the provisions set forth in this Agreement. Fort Worth shall give Customer a minimum of six (6) months notice of intent to revise rates. Fort Worth will furnish members of the Wholesale Wastewater Advisory Committee a draft copy of the cost -of- service study of the proposed rates sixty (60) days prior to Fort Worth submitting a rate increase request to its City Council. Within thirty (3 0) days of receiving the draft study, the Wholesale Wastewater Advisory Committee will submit its written comments on the draft study to Fort Worth, and Fort Worth will respond to these comments as soon thereafter as possible. If the Wholesale Wastewater Advisory Committee has not provided its written comments within said period, the Wholesale Wastewater Advisory Committee is deemed to have accepted the proposed rates contained in the draft study, and Customer agrees that it will be bound by the rates as approved by the Fort Worth City Council. The rates approved by the Fort Worth City Council shall be the rates to be used in this Agreement for the succeeding Fiscal Year. 7.9 Wholesale Services Purchased by Fort Worth. Fort Worth purchases wholesale wastewater services under the terms of the TRA Contracts. Any future wholesale contracts between Fort Worth and a regional wastewater utility service provider that may be needed for Fort Worth to properly operate its System or meet the needs of its retail and wholesale wastewater customers will be included in calculating the System Cost as provided in § 7.1.2 in a similar manner as the TRA Contract charges. Agreement for Wastewater Service Page 15 of 31 ARTICLE 8. Industrial Connection and Monitoring 8.1 Additional Connections. Customer agrees that it will not permit any Significant Industrial User within its jurisdiction to connect directly or indirectly either to the Customer System or to the Fort Worth System without at least ninety (90) days' prior written notice to the Director of such intent to connect. Customer shall provide the Director with such information pertaining to volume and composition of flow as may be requested by the Director. 8.2 Qualit . Customer agrees to conduct any and all monitoring, sampling and inspection of Customer System and Industrial Users as necessary to insure that Industrial Waste introduced into the Customer System meets the quality standards set out in § 9.3. Upon request to Customer, a representative of Fort Worth will be permitted to observe Customer's collection of samples from Industrial Users, and Customer agrees to furnish Fort Worth separate duplicate samples for independent testing, and, upon request, to provide the Director sample analysis results and pretreatment records. 8.3 Sampling and Industrial User Disconnections. Customer agrees that Fort Worth shall have the right to sample wastewater at all Points of Entry and such other locations as may be mutually agreed in writing by both Parties for the purpose of determining the volume and quality of wastewater entering the Fort Worth System. Customer agrees to disconnect from the Customer's System any Industrial User found to be in violation of allowable discharges or who refuses access to its facilities for the purpose of sampling wastewater being discharged into the Customer System; provided, however, that the disconnected Industrial User shall be afforded the same rights, privileges of appeal and deficiency cure periods as are Industrial Users operating within Fort Worth's jurisdiction. 8.4 Questionable or Prohibited Discharges. Following Fort Worth's notice to the Customer, Customer shall grant to Fort Worth the right to enter Customer's jurisdiction if Fort Worth has information or evidence that questionable or prohibited discharges are entering the Fort Worth System from the Customer System. Customer agrees to assist Fort Worth in investigating such discharges and in locating and eliminating any prohibited discharges. ARTICLE 9. Wastewater Quality 9.1 Industrial Wastes. The potential effects of certain types of Industrial Wastes upon sewers and sewage treatment processes require careful consideration of each industrial connection, and is of concern both to Fort Worth and the Customer. Accordingly, Customer shall regulate the discharge of Industrial Waste as required by this Article 9. 9.2 Customer Wastewater Quality Ordinance. Customer agrees that on or before thirty (30) days from date of execution of this Agreement it shall enact and cause to be enforced an ordinance or resolution enabling Customer to enforce within its jurisdiction regulations governing industrial waste that are at least as stringent as the provisions of the current Fort Worth City Code Ch. 12.5, Articles VI (Industrial Wastewater) and VII (Liquid Waste) and any necessary and reasonable amendments thereto, and state and applicable federal regulations relating to 1) discharged substances; 2) prohibited discharges; 3) pretreatment requirements; 4) industrial discharge permitting system; and 5) industrial self - monitoring reports. Customer Agreement for Wastewater Service Page 16 of 31 agrees to enact and enforce ordinances or any amendments to these Fort Worth Code Articles, or any future Fort Worth ordinances relating to Industrial Waste discharges, prohibited or controlled wastes or pretreatment requirements and such amendments and future ordinances shall become incorporated as additional exhibits to this Agreement; provided, however, Fort Worth shall provide Customer with a copy of such proposed ordinances or amendments at least sixty (60) days prior to the presentation of such ordinances or amendments to the Fort Worth City Council during which time Customer shall have an opportunity to review same. Customer shall adopt and enforce such proposed ordinances or amendments no later than the effective date of the Fort Worth ordinance or amendment. 9.3 Customer Wastewater Quality. Customer agrees that the quality of the wastewater discharged into the Customer System shall be equal to or better than the quality standards established by Fort Worth City Code Ch. 12.5, Articles VI (Industrial Wastewater) and VII (Liquid Waste) or any amendment adopted pursuant to Section § 9.2. 9.4 Customer SIU Permits. Customer shall require all Significant Industrial Users within its jurisdiction that ultimately discharge into the Fort Worth System to apply for and obtain a permit from Customer allowing such discharge. Such permit shall require SIUs to abate prohibited substances from their discharge as a condition to discharging wastewater into the Customer System. The permit application shall contain, as a minimum, the following information required by Fort Worth City Code § 12.5 -632 (or other information as the section may require upon amendment from time to time): 9.4.1 All information required by Fort Worth City Code § 12.5 -651; 9.4.2 Description of activities, structures, equipment and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the Customer System; 9.4.3 Number and type of employees, hours of operation, and proposed or actual hours of operation; 9.4.4 Each product produced by type, amount, process or processes and rate of production; 9.4.5 Type and amount of raw materials processed (average and maximum per day); 9.4.6 Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains and appurtenances by size, location and elevation, and all points of discharge; 9.4.7 Time and duration of discharges; and 9.4.8 Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge or the discharge permit application. Agreement for Wastewater Service Page 17 of 31 Customer shall provide Fort Worth a copy of such application and permit, if issued, within fourteen (14) days after issuance. ARTICLE 10. Resale of Wastewater Services and Large Volume Retail Customers 10.1 No Service Outside the Customer's Service Area. Customer shall not provide any wastewater service to retail or wholesale customers outside of its Service Area unless it obtains the express written consent of the Director and an amendment to its Service Area for the proposed service, and such consent may also require additional improvements as provided in § 4.3. Customer shall not share its wastewater facilities with any other governmental or corporate entity outside of the Customer's Service Area without the express written consent of Fort Worth. Fort Worth neither recognizes nor approves any existing agreements between Customer and any developer, landowner, governmental entity, industrial customer or other large - volume customer for existing or projected wastewater service outside of the Customer's Service Area, unless authorized by Additional Terms attached as Exhibit D and shown on the Service Area map attached as Exhibit A. 10.2 Large Volume Users. Unless Customer obtains the prior written consent of the Director, the Customer shall not provide or agree to provide future wastewater service within its Service Area to any developer, landowner, governmental entity, industrial customer or other large - volume customer for existing or projected wastewater flows that would exceed 500,000 gallons per day to be served through the Fort Worth System. The Director agrees that consent for such wastewater service within the Customer's Service Area shall not be unreasonably withheld, but may require improvements as provided in § 4.3. The consent required by this § 10.2 does not replace and is in addition to other requirements of this Agreement, including Articles 8 & 9 for industrial connections. 10.3 Wholesale Customer Compliance. If Customer has Fort Worth's consent to provide any wholesale wastewater service through the Fort Worth System, Customer shall require its wholesale customers: to comply with Article 8 (Industrial Connection and Monitoring), Article 9 (Wastewater Quality) and Article 22 (Impact Fees) of this Agreement, and any other provisions of the Agreement required by the Director, and to enact and enforce any and all ordinances necessary to comply with these requirements. ARTICLE 11. Infiltration and Inflow 11.1 Prevention. The Customer covenants and agrees that it has an obligation to prevent Infiltration and Inflow into its System and then into the Fort Worth System. Customer further covenants and agrees to maintain strict supervision and maintenance of its System to prevent connections through which surface drainage can enter ultimately into the Fort Worth System, and to employ best management practices to reduce Inflow and Infiltration to the extent practicable. Customer shall not make, nor shall it permit to be made, any connection which will contribute storm water run -off from rainwater spouts, rainwater areas, streets, gutter drains or other source into its System. Agreement for Wastewater Service Page 18 of 31 11.2 Standards for Customer's Retail Connections. Customer covenants and agrees that all sewer connections within its jurisdiction that ultimately enter into the Fort Worth System shall be constructed in accordance with applicable specifications and standards that are equal to or more protective than those of the Fort Worth Water Department. 11.3 Customer Overflows. If Customer reports any sewer overflow to TCEQ containing any reference in the report to Fort Worth's System or Fort Worth's Wastewater Permits, then Customer shall send a Notice to Fort Worth with an attached copy of the report at the same time that it sends the report to TCEQ. ARTICLE 12. Sludge Disposal Customer recognizes the importance of utilizing sludge in a timely and proper manner. Customer will cooperate with Fort Worth in any environmentally sound sludge utilization program meeting federal and state standards within the Customer's Service Area. ARTICLE 13. Wastehaulers Customer agrees to adopt the North Central Texas Council of Government's model ordinance, or one similar to it, regulating liquid wastehaulers within Customer's Service Area. At a minimum such ordinance shall require liquid wastehaulers to be permitted and provide for a manifest system. Further, the Customer's ordinance shall prohibit the introduction of liquid waste, including waste from septic tanks and chemical toilets, into the Customer System, directly or indirectly. ARTICLE 14. Reports and Records 14.1 Data and Information. If requested by the Director, and /or Customer, the other Party shall provide quarterly the following: 14.1.1 Actual number of customer accounts discharging directly or indirectly into the Fort Worth System and /or Customer System within the Customer's Service Area; 14.1.2 Classification of Domestic Accounts and Non - Domestic Accounts within its Service Area by number and percentage of accounts discharging directly or indirectly into the Fort Worth System and /or Customer System within the Customer's Service Area. 14.1.3 Customer's contracts for wastewater services from all providers other than the Fort Worth System, including collection and treatment contracts with other entities; 14.1.4 Customer's Water and Wastewater Master Plans, Capital Improvements Plans and Land Use Plans; and Agreement for Wastewater Service Page 19 of 31 14.1.5 Additional data which may assist Fort Worth and /or Customer in developing methodology for cost of service studies and Impact Fees; provided, however, that Fort Worth shall not request data that will require Customer to incur unreasonable expenses in providing such data. ARTICLE 15. Notices 15.1 Required Notice. Except in the case of an Emergency, any notice or other communication that is required, given or provided for under this Agreement shall be in writing, and addressed as follows: To Fort Worth: Water Director City of Fort Worth 200 Texas Street Fort Worth, TX 76102 To Customer: Mayor City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 With an additional copy to be given to a Customer representative, if designated in writing by Customer. 15.2 Delivery and Receipt. Notice shall be either (a) delivered personally, (b) sent by United States certified mail, postage prepaid, return receipt requested, (c) placed in the custody of a nationally recognized overnight carrier for next day delivery, or (d) sent via telecopy or facsimile (fax) transmission. Notice shall be deemed given when received if delivered personally or sent via telecopy or facsimile transmission with written confirmation of receipt; forty -eight (48) hours after deposit if sent by mail; and twenty -four (24) hours after deposit if sent by nationally recognized overnight carrier for next day delivery. If requested by Fort Worth or Customer, notices shall also be sent to specified email addresses. 15.3 Change of Address Notices. Each Party shall provide notice in writing, as provided in § 15.1 of any change in its address. ARTICLE 16. Inspection and Audit Complete records and accounts required to be maintained by each Party shall be kept for a period of five (5) years. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect said records and accounts during normal business hours; and further, if required by any law, rule or regulation, make said records and accounts available to federal and /or state auditors. Agreement for Wastewater Service Page 20 of 31 ARTICLE 17. Ownership and Liability 17.1 Ownership. No provision of this Agreement shall be construed to create any type of joint or equity ownership of any property, any partnership or joint venture, nor shall same create any other rights or liabilities and Customer payments (whether past, present, or future) will not be construed as granting Customer partial ownership of, pre -paid capacity in, or equity in the Fort Worth System. 17.2 Liability. Liability for damages arising out of the receipt, transportation, delivery, storage, treatment, handling and /or disposal of all wastewater discharged into the Fort Worth System shall remain with the Customer, together with title to the wastewater, until the wastewater passes through the Point of Entry. Thereafter, Fort Worth shall have liability for damages arising out of the receipt, transportation, delivery, storage, treatment, handling and /or disposal of all wastewater discharged into the Fort Worth System, save and except that title to, and liability for a discharge from the Customer's System that violates this Agreement shall remain with the Customer. Each Party agrees to save, release and hold harmless the other Party from all claims, demands, and causes of action, damages, losses and costs, fines and expenses, including reasonable attorneys' fees, and all response, remediation and corrective action costs (collectively "Liabilities ") that may be asserted by anyone, including state and federal administrative agencies, at any time on account of the contents, transportation, delivery, reception, storage, treatment handling and /or disposal of the wastewater while it is in the control of such Party, except that Customer shall save, release and hold harmless Fort Worth from all Liabilities that may be asserted by anyone at any time on account of any discharge originating in the Customer System that does not comply with the terms of this Agreement, even if the liability arises out of Fort Worth's strict liability. To the extent that the liability of Fort Worth is attributable to wholesale customer discharges, but cannot be attributed to a specific wholesale customer, the liability shall be a System Cost. This covenant is not made for the benefit of any third party. 17.3 Independent Contractors. Contracts made and entered into by either Customer or Fort Worth for the construction, reconstruction or repair of any Delivery Facility shall include the requirement that the independent contractor(s) must provide adequate insurance protecting both the Customer and Fort Worth as co- insured. Such contracts must also provide that the independent contractor(s) covenant to indemnify, hold harmless and defend both the Customer and Fort Worth against any and all suits or claims for damages of any nature arising out of the performance of such contracts. ARTICLE 18. Compliance with Permit Conditions Customer acknowledges that Fort Worth is the holder of discharge permits issued by the United States and the State of Texas. Customer agrees that it will comply with all permit conditions in any way relating to the collection system and the discharge into the Fort Worth System. Customer agrees, that if a fine is assessed against Fort Worth for any violation of any permit condition, and the violation is attributable to any act of omission or commission by Customer, that it shall indemnify and hold Fort Worth harmless from all Liabilities that result from the omission or commission by the Customer as provided in § 17.2. If the permit violation cannot be attributed to any specific customer or if the Liabilities are not reimbursed by the responsible Agreement for Wastewater Service Page 21 of 31 customer for any reason then, to the extent that the fines and expenses are attributable to wholesale customers, such fine is a System Cost. ARTICLE 19. Term This Agreement expires on September 30, 2037. It may be renewed on terms mutually agreeable to the Parties. ARTICLE 20. Force Majeure 20.1 Notice and Suspension. If by any reason of force majeure either Party shall be rendered unable, wholly or in part, to carry out its obligations under this Agreement, other than the obligation of the Customer to make payments required under this Agreement, then if such Party shall give notice and full particulars of such force majeure in writing to the other Party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the Party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such Party shall endeavor to remove or overcome such inability with all reasonable dispatch. 20.2 Definition. The term "force majeure," as used in this Article, means acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of wastewater collection, transportation, storage or treatment facilities, and inability on the part of Fort Worth to provide the wastewater services hereunder or of the Customer to deliver wastewater hereunder on account of any other cause not reasonably in the control of the Party claiming such inability. ARTICLE 21. Breach Termination and Other Remedies 21.1 Termination by Mutual Consent. This Agreement may be terminated in whole or in part by the mutual consent of Customer and Fort Worth. Fort Worth's decision on whether to consent to termination remains within its sole discretion; however, before consenting to termination, Fort Worth shall consult with WCAC regarding the circumstances of the proposed termination. 21.2 Termination for Material Breach. Notwithstanding anything in this Agreement to the contrary, any material breach by either Party to perform any of its duties or obligations under this Agreement, or to faithfully keep and perform any of the terms, conditions and provisions of this Agreement, shall be cause for termination of this Agreement by the non - breaching Party in the manner set forth in this § 21.2. Upon such breach, the non - breaching Party may notify the breaching Party of the non - breaching Party's intention to terminate this Agreement if the breaching Party fails to cure such breach within ninety (90) days from the date of the notice. The notice must include a reasonable description of the breach. The non - breaching Party shall notify the breaching Party in writing upon acceptance of the cure of any breach. If by the ninetieth (90th) day the breaching Party fails or refuses to cure such breach pursuant to the terms and Agreement for Wastewater Service Page 22 of 31 conditions of this Agreement, then the non - breaching Party shall have the right to terminate this Agreement with six months additional notice to the breaching Party. 21.3 Termination for Repeated Breach. Upon a second (or any repeated) breach of a similar nature by a Party and irrespective of any cure of such breach, the non - breaching Party may, after six (6) months notice to the breaching Party, terminate this Agreement. That notice must be provided within a reasonable time after the repeated breach that is the basis for the termination. 21.4 Material Breach. The following breach, default or failure to perform a duty or obligation under this Agreement is a material breach: a. Failure to adopt and enforce any ordinance that the Customer is required by this Agreement to adopt and enforce; b. Failure to pay any bill, charge, or fee as required by this Agreement, including Impact Fees. c. Connecting to or discharging into the Fort Worth System at any point that is not expressly authorized under the terms of this Agreement; d. Failure to provide Fort Worth ingress and egress for purposes of sampling or operation and maintenance of any Customer Point of Entry, including the metering and sampling facility; e. Failure to permit any sampling of wastewater authorized by this Agreement, whether at the point of connection or within the Customer's System; f. Failure to provide to Fort Worth the rights -of -way that Customer is required to provide under the terms of this Agreement; g. Failure to investigate discharges or disconnect Industrial Users of Customer pursuant to §§ 8.3 and 8.4; h. Failure to comply with Article 9 (Wastewater Quality), including failure to maintain the required quality of discharge and failure comply with the requirements pertaining to SIU; i. Failure to comply with Article 10 (Resale of Wastewater Services and Large Volume Retail Customers); or j. Failure to comply with Article 18 (Compliance with Permit Conditions). All other breaches are deemed to be non - material. 21.5 Notice and Cure. In the event of a material or non - material breach, default or failure to perform a duty under this Agreement, the non - breaching Party may send a notice of such default to the breaching Party. The notice must include a reasonable description of the breach. If the breaching Party fails to cure the breach, default or failure within 60 days of that notice, then the non - breaching Party may give the breaching Party a second notice of its failure to cure the breach. Failure to cure the breach within 30 days after the second notice shall constitute a repeated breach, and may result in termination of this Agreement as provided in § 21.3 for repeated breach. Fort Worth may, upon breach by a Customer, surcharge the Customer an amount developed and calculated by Fort Worth intended to reimburse Fort Worth for any damages each month, including 10% interest, until Customer cures that breach. Because failure to perform obligations under this Agreement cannot be adequately compensated in money damages alone, the Parties shall have available to them the equitable remedy of specific performance in addition to any other legal or equitable remedy as may be provided by law. Agreement for Wastewater Service Page 23 of 31 21.6 Notice and Cure for Nonpayment of Impact Fees. If the breach is based on the non- payment or underpayment of Impact Fees, then the Customer shall pay Fort Worth the amount of the non - payment or under - payment within 60 days of the notice required by §§ 21.2 or 21.5, plus interest at a rate of 10% of the amount owed, accruing from the time at which the payment was due. An additional charge of $500.00 will be added if no Impact Fee report was filed. 21.7 Notice and Cure for Breach of SIU Obligations. If Customer breaches its obligations to enforce the provisions of §§ 9.2 or 9.4, then the § 21.2 90 -day notice provisions do not apply and the Director, in his sole discretion, may send a notice setting the time in which the Customer shall cure the breach, and may surcharge Customer an amount developed and calculated to reimburse Fort Worth for any damages each month, including 10% interest, until Customer cures that breach. If Customer fails or refuses to cure the breach within the stated time then, in addition to other remedies available under this Agreement, Fort Worth shall have the right to declare this Agreement terminated after six (6) months additional notice to Customer. 21.8 Effect of Termination. Upon termination of this Agreement under this Article 21, all rights, powers, and privileges of Customer and Fort Worth under this Agreement shall cease and terminate, and neither Party shall make any claim of any kind whatsoever against the other Party, its agents or representatives, by reason of termination or any act incident to termination, if the terminating Party acted reasonably and the termination was not unreasonable, or arbitrary and capricious. If this Agreement is not renewed before it expires, and the Parties are negotiating in good faith regarding the provisions of a new agreement, then the Parties may extend the date for termination, in writing that refers to this § 21.8 and is signed by both Parties. If this Agreement is not renewed, or if the Agreement is terminated by one of the Parties pursuant to this Article 21, then this Agreement requires Customer to develop alternative or replacement wastewater services before the expiration or termination of this Agreement; this requirement may be enforced by the equitable remedy of specific performance, sought by court order, in addition to any other legal or equitable remedy as may be provided by law. No continuation of the service obligation exists or will be implied after expiration or termination. 21.9 No Waiver by Fort Worth. Any failure by Fort Worth to terminate this Agreement, or the acceptance by Fort Worth of any benefits under this Agreement, for any period of time after a material breach, default or failure by Customer shall not be determined to be a waiver by Fort Worth of any rights to terminate this Agreement for any subsequent material breach, default or failure. 2 1. 10 No Waiver by Customer. Any failure by Customer to terminate this Agreement, or the acceptance by Customer of any benefits under this Agreement, for any period of time after a material breach, default or failure by Fort Worth shall not be determined to be a waiver by Customer of any rights to terminate this Agreement for any subsequent material breach, default or failure. Agreement for Wastewater Service Page 24 of 31 ARTICLE 22. Impact Fees 22.1 Calculation of Impact Fees 22.1.1 The amount of the Impact Fee to be paid by Customer shall be based upon the size of water meter and shall be equal to the amount of the Impact Fee adopted by Fort Worth and collected for the same size water meter and type of connection within the jurisdiction of Fort Worth. However, regardless whether the connection would qualify as "new development" for purposes of the Customer's System, the Impact Fee due to Fort Worth shall include an amount equal to the Impact Fee for each connection not only to new construction, but also to existing structures or connections not previously served through the Fort Worth System, for example those taken off septic systems or diverted from other city, developer or homeowner wastewater systems 22.1.2 The dollar amount of the Impact Fee shall be consistent with the Fort Worth ordinance adopting Impact Fees in accordance with all applicable state and federal regulations, including Chapter 395, and its calculation shall include only those costs allowed under § 395.012 (or its amended or successor statute) that are associated with Capital Improvements necessary to provide service to new development. 22.1.3 Nothing in this Agreement shall be deemed to prevent either Fort Worth or Customer from charging their own retail customers an Impact Fees that differs from the Impact Fee amount authorized by this Agreement. 22.2 Payment of Impact Fees. 22.2.1 On a quarterly basis, Customer shall pay to Fort Worth an Impact Fee for each new, enlarged or newly served connection for wastewater service made within Customer's Service Area served by the Fort Worth System. 22.2.2 As part of the Customer's application to Fort Worth for any new Point of Entry, and before construction of the facilities required for the Point of Entry, Customer shall pay to Fort Worth an amount equal to the Impact Fee for each existing sewer connection that will flow through the new or enlarged Point of Entry when it is first completed, and is not currently being served by the Fort Worth System. Upon connection of the new Point of Entry, Customer shall pay all unpaid Impact Fees for connections made since the initial payment with the application, and begin quarterly payments for additional connections to the Point of Entry as required in § 22.2.1. 22.3 Use of Impact Fees. As required by Chapter 395, Fort Worth agrees that all money remitted to it pursuant to this Article 22 will be placed in an interest bearing account to pay only for the cost of constructing Capital Improvements included in Fort Worth's Chapter 395 capital improvements plan, and will not be used for operation and maintenance expenses. Once expended, such funds and all interest earned thereon will be considered a "contribution" for rate Agreement for Wastewater Service Page 25 of 31 setting purposes only. To the extent that the cost of any Capital Improvement is recovered through Impact Fees, it shall not be included in the System Cost. 22.4 Impact Fee Report. Customer shall provide to Fort Worth information that relates to the making of new and /or enlarged connections within its jurisdiction as may be requested by the Director, including building permits, with each quarterly payment required in this Article 22. 22.5 No Waiver. Neither Fort Worth nor Customer shall waive any Impact Fee due from new or enlarged connections to its respective system within its jurisdiction. However, either Fort Worth or Customer may pay such Impact Fee into the interest bearing Impact Fee account required by § 22.3. 22.6 Customer Impact Fee Committee ( "CIFC' . The Wholesale Wastewater Advisory Committee created pursuant to Article 23 shall select five (5) of its members to a subcommittee to be known as the Customer Impact Fee Committee ( "CIFC "). As required by Texas Local Government Code § 395.052, at least every five (5) years Fort Worth will update the land use assumptions and capital improvements plan upon which the Fort Worth Impact Fees are based, or make the determination under Chapter 395 that no update is required. Fort Worth shall submit a copy of the annual report of Fort Worth Impact Fee projects and expenditures to the Wholesale Wastewater Advisory Committee Rate Subcommittee. Every five years in conjunction with Fort Worth's updates, the CIFC shall submit a list of qualified engineers or planning consultants to the Director, and the Director shall select a consultant from such list to assist Fort Worth in developing land use assumptions, identifying capital improvements, and formulating capital improvement plans and Impact Fees. The consultant shall be responsible to Fort Worth and its citizen's advisory committee, but shall also report to the CIFC. The cost of the consultant shall be deemed a System Cost, to the extent that its work pertains to the wholesale customer class, and except to the extent that such cost is recovered through Impact Fees. If the CIFC fails to submit a list of consultants to Fort Worth, Fort Worth shall select the consultant. 22.7 Capital Improvements Plan. Fort Worth agrees that only the Capital Improvements as defined in § 1.4 shall be included in the capital improvements plan for the purpose of determining Impact Fees; provided however, Fort Worth may include other capital improvements for the purpose of determining Impact Fees to its own retail customers. Fort Worth shall not be required to include all of its capital improvements in its Chapter 395 capital improvements plan. The CIFC shall be responsible for working with Fort Worth and its consultants to determine the Capital Improvements to be included in the calculation of any Impact Fees. The CIFC shall recommend to the Wholesale Wastewater Advisory Committee which Capital Improvements should be included in the calculation of any Impact Fees. The CIFC shall also meet with Fort Worth's citizen advisory committee as such citizen's advisory committee reviews and considers land use assumptions, the capital improvements plan and Impact Fees. 22.8 Dissemination of Documents. Prior to the adoption of any land use assumptions, capital improvements plan, or Impact Fees assessed by Fort Worth, the CIFC shall be furnished a copy of the proposed land use assumptions, capital improvement plans or Impact Fees at least thirty (30) days prior to any scheduled hearing thereon. Any revised Impact Fee adopted pursuant to Agreement for Wastewater Service Page 26 of 31 such updated capital improvements plan shall not take effect for a period of at least ninety (90) days after adoption by Fort Worth. 22.9 Current Impact Fees. Customer agrees to pay Impact Fees in the amounts determined pursuant to this Article 22. On the Effective Date, those impact fees are the Impact Fees most recently adopted by the Fort Worth City Council before the Effective Date. Thereafter the Impact Fees are those in effect by Fort Worth ordinance at the time the new or enlarged connection is made, or additional retail customers are added to Customer System flows that enter the Fort Worth System. 22.10 Changes to Chapter 395. Fort Worth and Customer agree that the methodology for the calculation of Impact Fees required by this Agreement shall be consistent with the methodology prescribed by Chapter 395. If that statutory methodology is amended or replaced by a new statute, the Wholesale Wastewater Advisory Committee may engage legal counsel to work with Fort Worth to propose amendments to this Agreement to conform it to such amendment or new statute. The reasonable cost of such legal counsel shall be a System Cost. ARTICLE 23. Wholesale Wastewater Advisory Committee Customer's governing body shall annually appoint a representative to be a voting member of the Wholesale Wastewater Advisory Committee which Committee is hereby created and established and whose purpose shall be to consult with and advise Fort Worth, through the Director, on matters pertaining to planning, improvements, grants, rate studies, budgets, administration, and additional wholesale customers, whether same be wholesale customers of Customer or Fort Worth. The Committee, at its first meeting, shall elect a Chairman, Vice Chairman and Secretary. The Committee may establish bylaws governing the election of officers, meeting dates and other matters pertinent to its functioning. ARTICLE 24. Miscellaneous 24.1 Favored Nations. Fort Worth and Customer agree that if Fort Worth should enter into any future Agreement for supplying wholesale wastewater service to any municipality under more favorable terms or conditions than set forth herein, this Agreement shall be amended to provide the same terms and conditions with respect to the wastewater service to be provided to Customer under this Agreement. 24.2 Subject to Laws and Permits. This Agreement is subject to all applicable federal and state laws and any applicable permits, amendments, orders, or regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained in this Agreement shall be construed as a waiver of any right to question or contest any such law, order, rule or regulation in any forum having jurisdiction. Customer agrees to abide by any changes in this Agreement made necessary by any new, amended, or revised state or federal regulation; however the Parties may not enact rules or laws that conflict with this Agreement. 24.3 Entry on Customer's Premises. Upon prior notice by the Director, Customer shall allow any duly authorized employee of Fort Worth who presents proper credentials to access any Agreement for Wastewater Service Page 27 of 31 premises located within Customer's Service Area or served by Customer as may be necessary for the purpose of inspections and observation, measurements, sampling and testing and /or auditing, in accordance with the provisions of this Agreement. Customer may elect to accompany the Fort Worth representative. To the extent permitted by law, Fort Worth agrees to be responsible to Customer for any damage or injury to person or property caused by the negligence of such duly authorized employee while such employee is in the course and scope of their employment. 24.4 Alternative Dispute Resolution. 24.4.1 The Parties shall endeavor, but only to the extent permitted by applicable law and at no additional cost to Customer, to settle all disputes arising out of or relating to this Agreement by amicable negotiations. 24.4.2 Any and all disputes arising out of or relating to this Agreement that cannot be resolved informally will be submitted to mediation. The place of mediation shall be in Tarrant County, Texas. A mediator shall be jointly agreed to by both Parties, and the mediator selected shall have expertise in the purchase of wastewater treatment services. Either Party may apply for injunctive relief until the mediation decision is rendered or the controversy is otherwise resolved. Either Party may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party, pending the Parties' mediated resolution of the controversy. Each Party shall initially bear its own costs and expenses; however, unless otherwise agreed in mediation, Fort Worth's costs in mediation, including expenses, reasonable attorneys' fees and other costs, shall be a System Cost. Nothing occurring during mediation shall be considered evidence in court. 24.4.3 If mediation is not successful, either Party may commence litigation to resolve the dispute. Fort Worth's litigation costs shall be a System Cost. 24.5 Inspection and Audit. Complete records and accounts required to be maintained by each Party shall be kept for a period of five (5) years. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect said records and accounts during normal business hours; and further, if required by any law, rule or regulation, make said records and accounts available to federal and /or state auditors. The responding Party shall make the records available promptly upon request. 24.6 Use and Sale of Treated Effluent. Customer agrees that Fort Worth has the right to own and to use or sell any effluent produced from the Customer's wastewater as a result of the services rendered under this Agreement. Customer agrees that it is not entitled to credit of any type, either in the exchange of water, money, or other consideration, for any effluent delivered to Fort Worth's Village Creek Water Reclamation Facility, another wastewater treatment plant or water reclamation facility that is owned and operated by Fort Worth, or another POTW. Diversion of Untreated Effluent. Agreement for Wastewater Service Page 28 of 31 24.7 Diversion of Untreated Effluent. Because cost recovery, as well as management of capacity and operation of the Fort Worth System, require continuous and predictable wastewater flows, Customer shall not divert any wastewater flows or wastewater connections (except as necessary to cease prohibited discharges) once they have begun discharging into the Customer System for treatment under this Agreement. 24.8 Assignment. Customer may not assign this Agreement without the prior written consent of Fort Worth. Fort Worth may not assign this Agreement without the prior written consent of Customer, except that if Fort Worth's wastewater utility is designated as a regional wastewater or sewer utility agency by a duly authorized regulatory body, or if Fort Worth elects to contract with or assign this Agreement to a regional wastewater or sewer authority or utility to provide all or part of the services covered by this Agreement, the Customer hereby agrees and grants Fort Worth the right to assign this Agreement under the following conditions. The regional authority or utility shall assume and receive the same obligations, responsibilities and benefits as Fort Worth, and Fort Worth or the regional authority or utility will notify the Customer of such assignment at least ninety (90) days prior to its effective date. 24.9 No Waiver. No waiver by either Party of any term or condition of this Agreement, or failure to give notice of any breach, shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 24.10 Venue. The Parties agree that this Agreement is performable in Tarrant County, Texas and that the courts of Tarrant County are a proper forum for the determination of any dispute arising under this Agreement. 24.11 Construction. As used in this Agreement, the term "including" means "including without limitation," the words "shall" and "will" are mandatory and the word "may" is permissive, and the term "days" means calendar days, not business days. Wherever required by the context, the singular shall include the plural, and the plural shall include the singular. 24.12 Effect of Agreement. This Agreement is for the collection and treatment of Customer's wastewater and for related infrastructure and capital contributions as set forth herein. Unless expressly stated in this Agreement, any other Agreements that may be in effect between the Parties for the construction of infrastructure or other subject matters shall remain in full force and effect. 24.13 Severability. If any term or provision in this Agreement is held to be invalid or unenforceable by any legislative act or court of competent jurisdiction, and the extent of such invalidity or unenforceability does not cause substantial deviation from the underlying intent of the Parties as expressed in this Agreement, then such invalid or unenforceable provision shall be deemed severed from this Agreement without invalidating the remainder of this Agreement, and a new provision shall be deemed substituted in lieu of the provision severed, which new provision shall, to the extent possible, accomplish the intent of the Parties as evidenced by the provision severed, and without affecting any other term or provision in this Agreement. Agreement for Wastewater Service Page 29 of 31 24.14 System Regulatory Actions. Customer agrees, upon Fort Worth's request, to give reasonable consideration to supporting Fort Worth, and shall not oppose Fort Worth, on any permit applications or governmental approvals related to the Fort Worth System. 24.15 Additional Contract Terms. Additional contract terms that apply to the Customer, but not Fort Worth's other wholesale customers, are contained in Exhibit D "Additional Terms." 24.16 Exhibits. All exhibits attached to this Agreement are incorporated into this Agreement by reference, for all intents and purposes of this Agreement, as follows: Exhibit A Map showing the boundaries of the Customer's Service Area and mutually agreed point(s) of connection. Exhibit B Example of Monthly Wholesale Wastewater Bill Calculation Exhibit C Calculation of PILOT and Cost -of- Service Revenue Requirement to Recover the Cost of PILOT Exhibit D Additional Terms [if any] ARTICLE 25. Effective Date The effective date and time of this Agreement for all purposes is May 9, 2017 at 12:01 a.m. Upon the Effective date, the Wholesale Wastewater Contract then in effect between Fort Worth and the Customer is terminated and superseded by this Agreement. IN TESTIMONY WHEREOF, after proper action by the respective governing bodies of the Parties, this Agreement has been executed in quadruplicate copies, each of which is considered to be an original. ATTEST: Mary Kayser City Secretary, City of Fort Worth Date: APPROVED AS TO FORM AND LEGALITY: Christa R. Lopez- Reynolds Sr. Assistant City Attorney, City of Fort Worth CITY OF FORT WORTH Jesus J. Chapa Assistant City Manager, City of Fort Worth Agreement for Wastewater Service Page 30 of 31 APPROVAL RECOMMENDED: John Carman, Director City of Fort Worth Water Department By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee Title ATTEST: CITY OF NORTH RICHLA.ND HILLS WE City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Date: APPROVAL RECOMMENDED: Print Name: Title: City Manager Agreement for Wastewater Service Page 31 of 31 EXHIBIT A MAP Boundaries of the Customer's Service Area and Mutually Agreed Point(s) of Entry Exhibit A Service Area Map Page I ,M O II 111 FbIrrWORTH )I L IAlu�f F�9:i1 & WI(Yh :. fi YC A Ili. 41 AI M F1 -41 Af Ge t f:: North Richland Hill's: �tltll 4'�If,)Y91. .AI�F -f L( LiIr.Ptlat:.VLl l ll& "IJY +�11�f�i41114'i 9 01IT M,141 11 WA N If! 1 1P 10 P 2 I': R -J LAW 108'�I�< VI L MJlt hl WL 4k111111 Jtl l:�. R Illbl IdU �� yl� tL +.al 4 I tl f III IYI IL IIIY 4'I. t 11 Wastewater Service Area 1" A it If IPMMKIA 0 0.225 % North Richland Hills: FORTWORTH X 11 WA I'll 10 15f UN I . VM I II li t :11II ,, w-jf"(, I PIN �mrrm 0 k WATER LAM"'. ,R� 1-0 461� LrtLWV�)] • 'U14,C , 01, " I., I Wastewater Service Area 0 0.225 0145 JINIi (,�L �X I 11Y I 1,� I I - " r r,-,r, T 11,, ,� qf, , )f �� r,,v� MHO5 EXHIBIT B EXAMPLE OF MONTHLY WHOLESALE WASTEWATER BILL CALCULATION Sample Wholesale Wastewater Bill Oct 1 to Oct Billing for 31, 2015 FY14 Rates Volume $1.2784 Service $75.00 Meter Readings: Current 443,683,000 Previous 409,666,000 Gallons 34,017,000 Billing Calculations: Volume: Gallons * Rate /1,000 BOD: Strength * 8.34 Gallons /1,000,000 Strength: BOD $0.3532 TSS $0.2514 $43,487.33 220 $22,044.76 TSS: Strength * 8.34 Gallons /1,000,000 Strength: 213 $15,191.72 Service: $75.00 Total Due $80,798.82 Exhibit B Annual Bill Calculation Page 1 EXHIBIT C CALCULATION of PILOT and Cost -of- Service Revenue Requirement to Recover the Cost of PILOT Original Accumulated NARUC Description Cost Depreciation CWIP Net Asset Base 310.00 Land & Land Rights $714,375 $714,375 325.00 Electric Equipment - Treatment $160,720 $36,562 $124,158 332.00 Water Treatment Equipment $87,010 $11,601 $75,409 334.00 Computer Equipment $5,845 $2,776 $3,069 350.00 Land & Land Rights - Collection $2,253,986 $1,750 $95,000 $2,347,236 Structures & Improvements - 351.00 Collection $8,602,142 $2,633,660 $5,968,482 354.00 Metering Equipment & Structures $886,955 $886,955 $0 355.00 Meter Stations $3,185,037 $2,831,134 $6,999,264 $7,353,166 360.00 Land & Land Rights - Pumping $675,016 $675,016 361.00 Structures & Improvements $11,214,763 $2,620,965 $8,593,798 363.00 Electric Pumping Equipment $5,185,660 $2,773,039 $2,412,621 370.00 Land & Land Rights - Plant $8,417,155 $8,417,155 Structures & Improvements - 371.00 Pumping $122,803,279 $81,871,598 $144,829 $41,076,510 372.00 Treatment & Disposal Equipment $182,373,057 $118,349,068 $4,834,395 $68,858,385 373.00 Odor Conrol System $9,750,516 $3,375,404 $6,375,112 374.00 Outfall Sewer Lines $1,359,125 $693,135 $665,990 375.00 Other Treatment & Disposal $84,867,001 $12,465,183 $72,401,817 389.00 Land & Land Rights $365,360 $365,360 390.00 Other Structures & Improvements $1,942,178 $679,575 $14,215 $1,276,818 391.00 Office Furniture and Equipment $4,367,875 $4,151,297 $216,578 392.00 Transportation Equipment $15,447,320 $12,983,736 $2,463,584 393.00 Stores Equipment $90,520 $86,444 $4,076 Tools, Shop and Garage 394.00 Equipment $1,201,618 $818,843 $382,776 395.00 Laboratory Equipment $1,456,642 $936,524 $520,117 396.00 Power Operated Equipment $460,353 $381,031 $79,322 397.00 Communications Equipment $260,308 $255,170 $5,138 398.00 Miscellaneous Equipment $16,443 $8,222 $8,222 Total $468,150,258 $248,853,671 $12,087,703 $231,384,290 Tax Rate /$100 $0.8550 PILOT $1,978,336 Wholesale Share 25.29% Wholesale PILOT $500,338 All Data from City of Fort Worth Financial System Exhibit C Calculation of PILOT Page I EXHIBIT D ADDITIONAL TERMS Exhibit D Additional Terms Page I k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: October 2, 2017 Manager SUBJECT: Authorize the purchase of a Tactical Surveillance Robot from ICOR Technologies in the amount of $60,071 PRESENTER: Rick Scott, Assistant Chief of Police SUMMARY: The Criminal Justice Division of the Texas Governor's Office has notified the Police Department that a maximum amount of $59,590 has been awarded to the City of North Richland Hills under the 2017 CJD Criminal Justice Programs Competitive Grant #33514 -01. The grant funds have been authorized for the Department's purchase of a tactical surveillance robot to be used by the Special Weapons and Tactics Team (SWAT). GENERAL DESCRIPTION: Currently, the only robots available are large cumbersome bomb robots operated by the fire department's hazmat team. Not only are they large and cumbersome, but they take a great deal of time to deploy at a scene with little surveillance capabilities. A remote - operated tactical surveillance robot will be purchased with the awarded grant funds and controlled by operators of the Police Department's SWAT team. In place of officers, the remote - operated tactical robot will be used to enter potentially hazardous situations to gather information and intelligence which can then be used by incident commanders to make quick, sound decisions on what actions to perform. These situations could range from armed suspects, barricaded subjects, hostage incidents, narcotics investigation surveillances and high risk warrant services. The system also includes a DVR system to record the incidents in which the robot is deployed. Staff is requesting authorization to purchase a mini - caliber tactical surveillance robot from ICOR Technology (ICOR) in the amount of $60,071. ICOR's contract number through the GSA Cooperative Purchasing Program is GS- 07F -0430V and it includes the items being acquired through this transaction. The total amount of the grant award is $59,590 and becomes effective October 1, 2017. There is no match requirement for this grant request through the Texas Governor's Office. The remaining $481 will be funded through the Special Investigations Fund. k4FItH NORTH RICHLAND HILLS RECOMMENDATION: Authorize the purchase of a Tactical Surveillance Robot from ICOR Technologies in the amount of $60,071. ®n 935 Ages Drive P: 613.745.3600 K Ottawa, ON K1G 61_3 F: 613.745.3590 sales@icortechnology.com T E C H N 0 L 0 G Y CANADA TF:877.483,7978 sales @icortechnology.com Adam Smead QUOTE NO.: QUO- 03736- L3M7 -5 North Richland Hills Police Department (TX) DATE: 8/25/2017 2:17 PM To 4301 City Point Dr EXPIRATION DATE: 11/25/2017 2:17 PM North Richland Hills, TX 76180 CURRENCY: USD SHIPPING METHOD: Ground Tel: SHIPPING TERMS: FOB - DESTINATION Mobile: 817 - 427 -7041 DELIVERY DATE: 14 -16 weeks APO Email: asmead @nrhtx.com PAYMENTTERMS: Net 30 QTY P/N DESCRIPTION $ /UNIT %DISC. LINE TOTAL Mini- CALIBER° Robot Comes standard with: • Rubber Tracks for traversing rough terrain and climbing stairs • Wirelessly Controlled Front and Rear Flippers with positional feedback with preset Home and Stair Climbing positions Turreted Robotic Claw arm with 15lbs lift and 5 axes of movement • 10x Color zoom camera on claw arm • Front and Rear Color /IR Drive Cameras • Wide Angle color rear mast camera 1 CAL -MINI Color Claw camera • 2 -Way Audio: Talk /Listen through the robot • LED drive lights for Front $44,500.00 3.00% $43,165.00 and Mast Cameras • Wireless RF control: 2.4GHz Video; 900MHz Data • Portable, Lightweight, Handheld Controller • 2x 24V DC Lithium - Iron - Phosphate Robot Battery Packs (1x onboard; 1x spare) & 1x 24V DC Battery Charger • 2x 12V DC Lithiun -Ion CCU Battery Packs (ix onboard; Ix spare) & 1x 12V DC Battery Charger • 2 year limited warranty • Mini -iPad electronic manual with training videos and hard copy of operator manual. *Note: Mini - CALIBER is shipped in a wooden crate. Hardshell case is available as an option. Claw Attachment Kit - Mini 1 CAL -CAI A set of specially designed tools for the Mini - CALIBER® claw, includes: camera extension, box $2,950.00: 3.00% $2,861.50 cutters, extension poles, tire deflator, finger extension, cutting hook, utility shears, multiple effectors and hook & line accessories. Command Post Video Transmitter Transmit video images from the robot Command and Control Unit (CCU) to the Incident 1 CAL -CPV Command Post using the Command Post Video Transmitter. System allows images to be $5,950.00 3.00% $5,771.50 transmitted up to four iOS enabled devices (iPhone, ipad). Includes, one HD transmitter, one Mini -iPad, router, antennas, battery, chargers and backpack. Approximately 3 hour run time. Quick Release FUR Camera 1 CAL -OP016 FLIR Thermal Imaging Camera for the CALIBER® Robot (MK3 /T5 /Mini); Mounts to the Quick $7,550.00 3.00% $7,323.50 Release PTZ Mast (zoom not available); Wide Field of View (H49° x V39 °) with an effective detection range up to 230m (750ft) 1 S &H SHIPPING AND HANDLING $950.00 $950.00 SUBTOTAL $60,071.50 TOTAL $60,071.50 This is a quotation on the goods named, subject to the conditions noted below: Unless otherwise provided: This quote is in US Dollars; shipping terms are EX WORKS for domestic and international shipments; all prices are exclusive of shipping costs, insurance, custom clearance and any applicable Taxes of any kind; all price quotations are valid for 90 days. Published list prices are subject to change without notice. Due to a policy of continuous product improvement, ICOR reserves the right to change specifications and appearance without notice. Please reference the invoice number on your cheque and remit to ICOR Technology Inc. 935 Ages Drive, Ottawa, Ontario K1G 613 Canada. The CALIBER® Robot (including the MK3, TS, Mini, and MK4) contains up to 35% US- source materials and are ITAR export license free and not subject to AECA or EAR regulations. Some or all of the quoted items are eligible for purchase through GSA's Cooperative Purchasing Program and 1122 Program for State and Local lave Enforcement. Please consult with your purchasing department to determine the optimal purchasing vehicle and notify your ICOR Sales Representative to make any changes necessary. LCOR's GSA Contract Number is: GS-07F-0430V DISCLAIMER REGARDING DISRUPTER MOUNT CONFIGURATIONS: ICOR Technology is a robot manufacturer and do not make disrupters. The end -user must consult with the disrupter manufacturer for complete instructions on loading, operation, maintenance and firing procedures. [CDR recommends that the end -user takes disrupter training from the manufacture before firing the weapon off of the robot. USEATOWN RISK. ANY POTENTIAL DAMAGES TO THE ROBOT AS A RESULT OF USING A DISRUPTER ARE NOT COVERED UNDER WARRANTY. AS PER ICOR'S LIMITED WARRANTY, WARNING AND LIMITATION OF LIABILITY DOCUMENT, ICOR SHALL BE HELD HARMLESS TO ANY LOSS OR INJURY AS RESULT OF USING DISRUPTERS ON THE ROBOT. To accept this quotation, sign here and return: Signature Date r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Consider Ordinance No. 3478 Amending Appendix A of the City of North Richland Hills Code of Ordinances and Amending the Fees Charged Under Sections 78 -121 and 78 -125, related to Water and Water Meters. PRESENTER: Mark Mills, Finance Director SUMMARY: The City Council is requested to consider Ordinance No. 3478. This Ordinance would amend Appendix A of the City's Code of Ordinances and the volumetric rates charged on water effective November 1, 2017. GENERAL DESCRIPTION: The City Council adopted the Fiscal Year 2017/2018 Operating Budget on Monday, September 11, 2017. Included in this budget was an increase to the volumetric rates charged to the City's water customers. This is the first time since 2013 that the City volume rates have increased. The City's water rates consist of two components: a base rate and a volumetric rate. The base rate is the monthly fee that customers pay to gain access to the City's water services. For the majority of customers, the base rate includes a minimum volume of water consumption, varying by meter size. Most residential customers have a three quarter inch meter, which includes 2,000 gallons of water consumption as part of the base fee. No change was made in regard to the base rate. Approximately 11.5% of residential customers in North Richland Hills use the minimum volume included in the base rate, or less, and will see no increase in the rates used to calculate their monthly water bill. The second component is the volumetric rate. This rate is paid by customers that exceed the minimum volume included in the base. Using the previous example of a three quarter inch residential meter, a customer would pay the volumetric charge on their consumption once the base volume was exceeded. Based on an analysis of the Utility Fund and water rates, it was determined that an increase in the City's volumetric water rates was necessary. This adjustment will increase the volumetric rate by $0.29 per 1,000 gallons. As mentioned previously, this is the first increase to the City's r4RH NORTH RICHLAND HILLS volumetric water rates since 2013. There was no change made to either the base rate or the volumetric rate for sewer services. In addition to the City's rates, the City will also be adjusting the pass- through rates. The pass- through rates offset cost increases passed to the City from its wholesale water providers and sewer treatment providers: City of Fort Worth and Trinity River Authority. This is an annual adjustment based on projected provider cost increases and does not require specific Council action to implement. The pass- through increase for water is $0.33 per 1,000 gallons and $0.25 per 1,000 gallons for sewer. Table 1: Water /Sewer Bill Comparison CIRENT RATE RATES CHAN68S= RATESf WATER Average Consumption Estimated Gallons 10,000 10,000 10,000 Volume Included in Base 2,000 2,000 2,000 Water Rates (per 1,000 gallons) Base Rate & Volume $10.00 - $10.00 Volume Charges $4.14 $0.29 $4.43 Pass Through Rate $2.11 $0.33 $2.44 Water Calculation Base Rate $10.00 - $10.00 Volume $33.12 $2.32 $35.44 Pass Through $21.10 $3.30 $24.40 Water Sub -Total $64.22 $5.62 $69.84 SEWER Average Consumption: Winter Quarter Average Winter QrtrAvg (WQA) 5,310 5,310 5,310 Sevtier Rates (per 1,000 gallons) Base Rate $8.39 - $8.39 Volume Charges $2.06 - $2.06 Pass Through Rate $1.66 $0.25 $1.91 Sevtier Charges Base Rate $8.39 - $8.39 Volume $10.94 - $10.94 Pass Through $8.81 $1.33 $10.14 Sewer Sub -Total $28.14 $1.33 $29.47 TOTAL CHARGES $92.36 $6.95 $99.31 P4RH NORTH RICHLAND HILLS An average residential customer using 10,000 gallons of water per month will see an increase of approximately $7.00 per month. If approved, these rate changes become effective November 1, 2017. RECOMMENDATION: Approve Ordinance No. 3478 Amending Appendix A of the City of North Richland Hills Code of Ordinances and Amending the Fees Charged under Sections 78 -121 and 78- 125, related to water and water meters. ORDINANCE NO. 3478 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 78, SECTIONS 78 -121 AND 78 -125, OF THE CODE OF ORDINANCES TO MODIFY THE FEE SCHEUDULE AND AMEND APPENDIX A, OF THE NORTH RICHLAND HILLS CODE OF ORINANCES RELATED TO WATER AND WATER METERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE. WHEREAS, Section 552.017, Texas Local Government Code, provides that home rule municipalities may take necessary action to operate and maintain water systems and may require water customers to pay charges imposed for water furnished; and WHEREAS, staff analysis of rates and charges for water service has indicated a need to increase such volumetric rates and charges; and WHEREAS, changes have been recommended by staff to the water volumetric rates established by Chapter 78 of the Code of Ordinances and the City Council has concurred that such increases should be implemented; and WHEREAS, the North Richland Hills City Council now desires to modify certain fees as set forth in Appendix A, Fee Schedule. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The recitals set forth are found to be true and correct and are incorporated herein into this Ordinance. SECTION 2. That Appendix A, Fee Schedule, of the North Richland Hills Code of Ordinances be amended by amending the fees therein established by Sections 78 -121, and 78 -125 to the water volume rates set forth in Exhibit A, attached hereto and made a part of this Ordinance for all purposes. SECTION 3. All other fees set forth in Appendix A not amended herein in this Ordinance remain unchanged and in full force and effect. SECTION 4. This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Ordinance No. 3478 Page 1 of 6 SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary is hereby directed to publish this Ordinance in accordance with applicable law. SECTION 8. This ordinance shall be in full force and effective November 1, 2017. PASSED AND APPROVED on this the 2nd day of October, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Finance Director Ordinance No. 3478 Page 2 of 6 i *:�:I1:1 Ill r_l CHAPTER 78. UTILITIES Section 78, 121 -125 Water Rates Effective November 1 Residential - Single Family 2017 1. Three quarter - inch meter, minimum for 0 - 2,000 gallons $10.00 from 2,001 - 22,440 gallons, per 1,000 gallons $4.43 from 22,441 and over gallons, per 1,000 gallons $4.51 2. One - inch meter, minimum for 0 - 3,340 gallons $16.70 from 3,341 - 22,440 gallons per 1,000 gallons $4.43 from 22,441 and over gallons, per 1,000 gallons $4.51 3. One and one -half- inch meter, minimum for 0 - 6,650 gallons $33.30 from 6,651 - 22,440 gallons, per 1,000 gallons $4.43 from 22,441 and over gallons, per 1,000 gallons $4.51 4. Two- inch meter, minimum for 0 - 10,644 gallons $53.30 from 10,645 - 22,440 gallons, per 1,000 gallons $4.43 from 22,441 and over gallons, per 1,000 gallons $4.51 Apartment /Trailer Park /Multi Family 1. Per Unit minimum of 0 - 2,000 gallons ... All meter sizes $10.00 from 2,001 - 22,440 gallons, per 1,000 gallons $4.43 from 22,441 and over gallons, per 1,000 gallons $4.51 Commercial /Multi Unit 1. Per Unit minimum of 0 - 2,000 gallons ... All meter sizes $10.00 from 2,001 - 9,724 gallons, per 1,000 gallons $4.43 from 9,725 and over gallons, per 1,000 gallons $4.51 All other Commercial /Industrial Classes: 1. Three quarter - inch meter, minimum for 0 - 2,000 gallons $10.00 from 2,001 - 9,724 gallons, per 1,000 gallons $4.43 from 9,725 and over gallons, per 1,000 gallons $4.51 2. One - inch meter, minimum for 0 - 3,340 gallons $16.70 from 3.341 - 9,724 gallons, per 1,000 gallons $4.43 from 9,725 and over gallons, per 1,000 gallons $4.51 3. One and one -half- inch meter, minimum for 0 - 6,650 gallons $33.30 from 6,651 - 9,724 gallons, per 1,000 gallons $4.43 Ordinance No. 3478 Page 3 of 6 from 9,725 and over gallons, per 1,000 gallons $4.51 4. Two- inch meter, minimum for 0 - 10,644 gallons $53.30 from 10,645 and over gallons, per 1,000 gallons $4.51 5. Three- inch meter, minimum for 0 - 19,971 gallons $100.00 from 19,972 and over gallons, per 1,000 gallons $4.51 6. Four- inch meter, minimum for 0 - 21,311 gallons $106.70 from 21,312 and over gallons, per 1,000 gallons $4.51 7. Six- inch meter, minimum for 0 - 66,565 gallons $333.30 from 66,566 and over gallons, per 1,000 gallons $4.51 8. Eight- inch meter, minimum for 0 - 119,830 gallons $600.00 from 119,831 and over gallons, per 1,000 gallons $4.51 Irrigation - Sprinkler System, All Classes: 1. Three quarter - inch meter minimum $10.00 Volume rate for all usage, per 1,000 gallons $4.55 2. One -inch meter, minimum $16.70 Volume rate for all usage, per 1,000 gallons $4.55 3. One and one -half- inch meter, minimum $33.30 Volume rate for all usage, per 1,000 gallons $4.55 4. Two- inch meter, minimum $53.30 Volume rate for all usage, per 1,000 gallons $4.55 5. Three- inch meter, minimum $100.00 Volume rate for all usage, per 1,000 gallons $4.55 6. Four- inch meter, minimum $106.70 Volume rate for all usage, per 1,000 gallons $4.55 7. Six- inch meter, minimum $333.30 Volume rate for all usage, per 1,000 gallons $4.55 Fire Hydrant, loading dock or tank truck customers 1. Three- inch meter, minimum $100.00 Volume rate for all usage, per 1000 gallons $4.55 Ordinance No. 3478 Page 4 of 6 CONVERSION TABLE - Rates Expressed in Cubic Feet Effective November 1 Residential - Single Family 2017 1. Three quarter - inch meter, minimum for 0 - -267 cubic feet $10.00 from 268 - 3,000 cubic feet, per 100 cubic feet $3.32 from 3,001 and over cubic feet, per 100 cubic feet $3.38 2. One - inch meter, minimum for 0 -446 cubic feet $16.70 from 447 - 3,000 cubic feet per 100 cubic feet $3.32 from 3,001 and over cubic feet, per 100 cubic feet $3.38 3. One and one -half- inch meter, minimum for 0 - -889 cubic feet $33.30 from 890 - 3,000 cubic feet, per 100 cubic feet $3.32 from 3,001 and over cubic feet, per 100 cubic feet $3.38 4. Two- inch meter, minimum for 0 -1423 cubic feet $53.30 from 1424 - 3,000 cubic feet, per 100 cubic feet $3.32 from 3,001 and over cubic feet, per 100 cubic feet $3.38 Apartment /Trailer Park /Multi Family 1. Per Unit minimum of 0 - -267 cubic feet ... AlI meters izes $10.00 from 268 - 3,000 cubic feet, per 100 cubic feet $3.32 from 3,001 and over cubic feet, per 100 cubic feet $3.38 Commercial /Multi Unit 1. Per Unit minimum of 0 - -267 cubic feet ... AlI meters izes $10.00 from 268 - 1,300 cubic feet, per 100 cubic feet $3.32 from 1,301 and over cubic feet, per 100 cubic feet $3.38 All other Commercial /Industrial Classes: 1. Three quarter - inch meter, minimum for 0 - -267 cubic feet $10.00 from 268 -1,300 cubic feet, per 100 cubic feet $3.32 from 1,301 and over cubic feet, per 100 cubic feet $3.38 2. One - inch meter, minimum for 0 -446 cubic feet $16.70 from 447 - 1,300 cubic feet, per 100 cubic feet $3.32 from 1,301 and over cubic feet, per 100 cubic feet $3.38 3. One and one -half- inch meter, minimum for 0 - -889 cubic feet $33.30 from 890 - 1,300 cubic feet, per 100 cubic feet $3.32 from 1,301 and over cubic feet, per 100 cubic feet $3.38 4. Two- inch meter, minimum for 0 -1423 cubic feet $53.30 from 1,424 and over cubic feet, per 100 cubic feet $3.38 Ordinance No. 3478 Page 5 of 6 5. Three- inch meter, minimum for 0 -2670 cubic feet $100.00 from 2,671 and over cubic feet, per 100 cubic feet $3.38 6. Four- inch meter, minimum for 0 -2,849 cubic feet $106.70 from 2,850 and over cubic feet, per 100 cubic feet $3.38 7. Six- inch meter, minimum for 0 -8,899 cubic feet $333.30 from 8,900 and over cubic feet, per 100 cubic feet $3.38 8. Eight- inch meter, minimum for 0- 16,020 cubic feet $600.00 from 16,021 and over cubic feet, per 100 cubic feet $3.38 Irrigation - Sprinkler System, All Classes: 1. Three quarter - inch meter minimum $10.00 Volume rate for all usage, per 100 cubic feet $3.40 2. One - inch meter, minimum $16.70 Volume rate for all usage, per 100 cubic feet $3.40 3. One and one -half- inch meter, minimum $33.30 Volume rate for all usage, per 100 cubic feet $3.40 4. Two- inch meter, minimum $53.30 Volume rate for all usage, per 100 cubic feet $3.40 5. Three- inch meter, minimum $100.00 Volume rate for all usage, per 100 cubic feet $3.40 6. Four- inch meter, minimum $106.70 Volume rate for all usage, per 100 cubic feet $3.40 7. Six- inch meter, minimum $333.30 Volume rate for all usage, per 100 cubic feet $3.40 Fire Hydrant, loading dock or tank truck customers 1. Three- inch meter, minimum $100.00 Volume rate for all usage, per 1000 gallons $4.55 Ordinance No. 3478 Page 6 of 6 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 2, 2017 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Join us on Tuesday, October 10 for our last 'Round the Town with Oscar bike ride this year. The ride will begin at 6 p.m. at Cross Timbers Park. Riders are encouraged to wear blue to show support for all of our law enforcement personnel. You can get more information on our website, or by calling the Parks Department. The North Richland Hills Fire Department will recognize Fire Prevention Week with a series of open houses during the second week of October. Residents are welcome to stop by any of the open houses to learn about fire prevention and safety. You can find the open house schedule on our website or by calling Fire Administration. North Richland Hills residents can get rid of unwanted bulky items during the annual Fall Community Cleanup on Saturday, October 14. Items can be dropped off from 9:00 a.m. to noon at the parking lot of NRH2O Family Water Park. Please visit our website or contact Neighborhood Services for a list of items that will be accepted. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Charles Swanigon in the Communications Department — A literary agent who helps coordinate the Behind the Book events at the Library emailed praise for a video that Charles produced supporting the events. "I'm crying with joy. That is the best, greatest, piece I've ever seen. Please tell Charles thanks," she said.