HomeMy WebLinkAboutCC 2016-09-12 Agendas M RH
NOKTH RICHLAND HILLS
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
MONDAY, SEPTEMBER 12, 2016
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. Cultural Arts Signal Box Art Program
4. Review the Master Plan for the renovation of Northfield Park
5. Review changes to the city's website
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.
Monday, September 12, 2016 City Council Agenda
Page 1 of 4
1. Section 551.071 : Consultation with City Attorney to seek advice
regarding possible interlocal agreement with Birdville Independent
School District (BISD).
2. Section 551.072: Deliberate the purchase, exchange, lease or value of
real property - 1) 7301 NE Loop 820; 2) 6301 NE Loop 820 (Iron Horse
Commuter Rail Station) and 3) 8300 Starnes.
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 TURNAGE
A.2 PLEDGE - COUNCIL MEMBER TURNAGE
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 August 22, 2016 regular City Council meeting.
B.2 Cancel the November 28 and December 26, 2016 City Council
meetings.
B.3 Consider interlocal agreement with the City of Hudson Oaks.
B.4 Consider interlocal agreement with the City of Ennis.
B.5 Consider Temporary Construction Right-of-Entry Agreement with the
Fort Worth Transportation Authority.
C. PUBLIC HEARINGS
Monday, September 12, 2016 City Council Agenda
Page 2 of 4
C.1 ZC 2016-13, Ordinance No. 3425, Public Hearing and consideration of
a request from Rovin, Inc. for revisions to Redevelopment - Planned
Development 77 (PD-77) located at 6700-6720 NE Loop 820.
C.2 SDP 2016-04, Ordinance No. 3424, Public Hearing and consideration
of a request from Wilson and Stonaker, LLC, for a Special
Development Plan for Smithfield Heights on 14.57 acres located in the
6600 & 6700 blocks of Davis Boulevard.
C.3 Conduct a Public Hearing on the Tax Year 2016 (Fiscal Year
2016/2017) Proposed Tax Rate.
D. PLANNING AND DEVELOPMENT
D.1 FP 2016-03 Consideration of a request from D'Lee Properties, LLC for
a Final Plat of Lee's Crossing Addition on 2.271 acres located at 7800
Starnes Road.
D.2 AP 2016-03 Consideration of a request from J & J NRH 100 FLP for
an Amended Plat of Villas at Smithfield Addition on 13.479 acres
located in the 8200 blocks of Odell Street and Northeast Parkway.
E. PUBLIC WORKS
E.1 Consider Funding Agreement with the State of Texas and the North
Central Texas Council of Governments for the Snider Street Extension.
E.2 Approve a professional services agreement with Dunaway Associates
for the Snider Street Extension Project in the amount of$222,568.00.
E.3 Consider Ordinance No. 3426, abandoning a utility easement in the
Hewitt Estates Addition.
F. GENERAL ITEMS
F.1 Setting Monday, September 19, 2016 at 6:00 P.M. as the date and time
for a third Tax Rate Public Hearing.
F.2 Consider Resolution No. 2016-025, adopting City investment policy and
strategy.
F.3 Consider Resolution No. 2016-026, renewing investment advisory
contract with Public Financial Management (PFM).
Monday, September 12, 2016 City Council Agenda
Page 3 of 4
F.4 Consider Resolution No. 2016-027, appointing members to the Civil
Service Commission, Keep NRH Beautiful Commission, Library Board,
and Park and Recreation Board.
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
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 9, 2016 at 3:00 PM.
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�t City Secretary
This facility is wheelchair accessible and accessible parking spaces are
available. Requests for accommodations or interpretive services must
be made 48 hours prior to this meeting. Please contact the City
Secretary's office at 817-427-6060 for further information.
Monday, September 12, 2016 City Council Agenda
Page 4 of 4
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NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
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.
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NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
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.
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: CULTURAL ARTS SIGNAL BOX ART PROGRAM
PRESENTER: Sarah Green, Cultural Arts Coordinator
GENERAL DESCRIPTION:
The NRH Signal Box Art Program will be undergoing an exciting transition beginning
this Fall. The Signal Box Art Program serves as an outdoor "art gallery" that has
achieved great popularity both locally and nationally.
A new installation entitled "Legends of Music" will be installed next in the ever-evolving
exhibition. The new collection features musicians who reach a broad audience and have
achieved iconic status in popular culture. Multiple music genres will be represented,
from country and rock to jazz and blues. Many of the musicians have a Texas
connection. The "Legends of Music' series will be phased in gradually, and will slowly
replace the "Hollywood Cowboy" images, which were installed in 2013.
A slow phase-in will help the public gradually get used to the new theme. Excitement
can be generated as new musicians pop up throughout the City every two to three
months. Featured musicians include:
1. The Beatles
2. Jimi Hendrix
3. Willie Nelson
4. Elvis Presley
5. Janis Joplin
6. Johnny Cash
7. Stevie Ray Vaughan
8. Prince
9. Frank Sinatra
10. Buddy Holly - (art still to be created)
11.Barbara Streisand - (art still to be created)
12. B.B. King - (art still to be created)
MRH
Young artists from the Digital Illustration Class that Sarah Green, Cultural Arts
Coordinator, teaches at TCU have completed preliminary portraits for the "Legends of
Music" collection, which will be presented for review. Marissa Merrill created the striking
image of the Beatles, and Studio Art major Jessica Dawson created two outstanding
images, of Jimi Hendrix and Willie Nelson.
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Review the Master Plan for the renovation of Northfield Park
PRESENTER: Vickie Loftice, Managing Director of Community Services
GENERAL DESCRIPTION:
Funding for the renovation of Northfield Park is approved in the Parks and Recreation
Capital Improvement Program Budget. The project involves the renovation of the
existing community park through the design and construction of amenities based on
public meetings orchestrated to gather stakeholder input.
Our consultant, Dunkin Sims Stoffels (DSS), lead two public meetings held at Life
Church on June 20 and at NRH City Hall on June 28. Additionally, public input was
solicited from an on-line public input survey and from questionnaires completed by the
Park and Recreation Board and City Council. City Staff and DSS collected the all of the
input provided and have worked together to develop a Master Plan.
The Park and Recreation Board reviewed and discussed the proposed Master Plan at
their August 15th meeting. Participants from the earlier public input meetings were
individually invited to the meeting and were provided an opportunity to comment on the
proposed Plan. The Board reviewed and discussed the Plan and ultimately unanimously
recommended to forward the Master Plan for the renovation of Northfield Park to City
Council for their review.
Dennis Sims, with DSS, will present an update on the project, review the proposed
Master Plan, and outline the sequence of events that will take the project from concept
through completion.
Upon concurrence from the City Council, staff will work with the consultant team to
prepare a grant application to the Texas Parks and Wildlife Department (TPWD) and to
prepare the construction documents necessary to solicit bids for the construction of the
project.
The TPWD grant application is scheduled for Council consideration at the September
26, 2016 Council meeting. The project schedule anticipates a March 2017 notice of the
award of the grant, with construction expected to begin in the summer of 2017.
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Review changes to the city's website
PRESENTER: Mary Peters, Public Information Officer
GENERAL DESCRIPTION:
The purpose of this item is to review with Council changes that are being made to the
city's website, www.nrhtx.com.
It is not uncommon for businesses and agencies to redesign websites every few years
to give them a fresh look and feel and to stay current with the latest in web development
trends. The city's website, www.nrhtx.com, was last redesigned in 2011.
A staff committee has been working for the past few months on a redesign for
www.nrhtx.com. Committee members include:
• Mary Peters, Communications Department
• Paulette Hartman, City Manager's Office
• Jennifer Stephens, Economic Development
• Clayton Comstock, Planning & Development
• Alicia Richardson, City Secretary's Office
• Sarah Green, Parks & Recreation
• Chelsey Lamar, NRH2O Family Water Park
Our goals for the redesign are to showcase the new City Hall and to better reflect that
North Richland Hills is a dynamic and growing community. We also want the site to be
more "demand responsive," which means it will display better across all types of mobile
devices. The website currently receives more than 50,000 visits monthly, with 45% of
those visits from mobile devices and 55% from desktop computers. About 38% of visits
are outside of our normal business hours.
City staff will present highlights of website redesign during the Council Work Session
and the redesign will "go live" later in the week.
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Approve minutes of the August 22, 2016 regular City Council
meeting.
PRESENTER: Alicia Richardson, City Secretary
SUMMARY:
The minutes are listed on the consent agenda and approved by majority vote of the
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:
Approve minutes of the August 22, 2016 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
NORTH RICHLAND HILLS, TX 76180
AUGUST 22, 2016
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
22nd day of August 2016 at 6:00 p.m. in the City Council Workroom prior to the 7:00
p.m. regular Council meeting.
Present: Oscar Trevino Mayor
Tim Welch Mayor Pro Tern
Tito Rodriguez Council, Place 1
Rita Wright Oujesky Council, Place 2
Tom Lombard Council, Place 3
Tim Barth Council, Place 4
Scott Turnage Council, Place 6
Absent: David Whitson Council, Place 5
Staff Members: Mark Hindman City Manager
Karen Bostic Assistant City Manager
Paulette Hartman Assistant City Manager
Jimmy Perdue Director of Public Safety
Alicia Richardson City Secretary
Cara L. White City Attorney
CALL TO ORDER
Mayor Trevino called the meeting to order at 6:30 p.m.
1 DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING.
Council had no questions for staff.
August 22, 2016
City Council Meeting Minutes
Page 1 of 9
2 WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC
EMPLOYEE OR CITIZEN.
There was no one present to introduce at the meeting.
3 DISCUSS CANCELING/RESCHEDULING NOVEMBER 28 AND
DECEMBER 26 CITY COUNCIL MEETINGS.
City Secretary Alicia Richardson informed Council the second regular scheduled
meetings in November and December are in close proximity to the Thanksgiving and
Christmas holidays. Historically, Council has elected to cancel meetings that fall in
close proximity to holidays recognized by the City. Staff is seeking Council's
direction to either cancel or reschedule one or both meetings.
Council directed staff to cancel the November 28 and December 26, 2016 City
Council meetings. Ms. Richardson informed Council an item will be brought forward
for official action by the Council.
EXECUTIVE SESSION
Mayor Trevino announced there are no items listed for Executive Session.
Mayor Trevino adjourned work session at 6:02 p.m.
REGULAR MEETING
A. CALL TO ORDER
Mayor Trevino called the meeting to order at 7:00 p.m.
Present: Oscar Trevino Mayor
Tim Welch Mayor Pro Tern
Tito Rodriguez Council, Place 1
Rita Wright Oujesky Council, Place 2
Tom Lombard Council, Place 3
Tim Barth Council, Place 4
Scott Turnage Council, Place 6
Absent: David Whitson Council, Place 5
Staff Members: Mark Hindman City Manager
Alicia Richardson City Secretary
Cara L. White City Attorney
August 22, 2016
City Council Meeting Minutes
Page 2 of 9
A.1 INVOCATION
Council member Barth gave the invocation.
A.2 PLEDGE
Council member Barth led the pledge of allegiance to the United States and Texas
flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
There were no items for this category.
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.
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE THE CONSENT AGENDA.
COUNCIL MEMBER LOMBARD SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
B.1 APPROVE MINUTES OF THE AUGUST 8, 2016 REGULAR CITY COUNCIL
MEETING.
B.2 AUTHORIZE THE NEGOTIATION AND APPROVAL OF THE LEASE
PURCHASE AGREEMENT WITH CLUB CAR GOLF CARTS AT IRON
HORSE GOLF COURSE
B.3 APPROVE LEASE AGREEMENT AMENDMENT WITH GPS INDUSTRIES
FOR VISAGE MOBLIE GOLF INFORMATION SYSTEM
C. PUBLIC HEARINGS
August 22, 2016
City Council Meeting Minutes
Page 3 of 9
C.1 FISCAL YEAR 2016/2017 PROPOSED AND FISCAL YEAR 2015/2016
REVISED BUDGET PUBLIC HEARING.
Mayor Trevino opened the public hearing.
City Manager Mark Hindman provided Council with a highlight of the proposed
budget. The budget is aligned with City Council's goals and it takes into
consideration comments from the citizen's survey regarding the condition of the
streets. There is $1,000,000 in the capital improvement projects budget for street
resurfacing, seal coating, overlay and maintenance. At the direction of City Council,
the budget identifies $500,000 in reserve funds for a future street improvement
program. The City's commitment to public safety services includes: an increase in
compensation for public safety; body cameras that will be coordinated with the in-car
video; update for mobile data computers in both police and fire vehicles; and
procurement to replace a few fire appartuses. The budget also provides funding for
a strategic plan update and the neighborhood reinvestment program. The general
fund is approximately 4.6% higher than last year.
Director of Budget and Research Mark Mills informed Council the item before them
this evening is to conduct a public hearing to receive comments on the 2016/2017
proposed budget and 2015/2016 revised budget. Mr. Mills informed Council that no
action is required at this hearing. The notice of public hearing was published in the
Fort Worth Star Telegram in accordance with state law and City Charter.
The proposed 2016/2017 operating budget includes:
General Fund - $45,304,685
Park & Recreation Facilities Development Fund - $8,825,391
Crime Control District Fund - $6,363,357
Utility Fund - $34,259,275
Aquatic Park Fund - $5,449,375
Golf Course Fund - $2,486,459
The proposed 2016/2017 capital improvements budget totals $14,040,972 and
includes:
Street & Sidewalk Capital Projects - $1,280,000
Drainage Capital Projects - $695,000
Utility Capital Projects - $1,996,000
Parks & Recreation Capital Projects - $4,636,000
August 22, 2016
City Council Meeting Minutes
Page 4 of 9
Aquatic Park Capital Projects - $531,000
Facility Capital Projects - $120,800
Major Capital Equipment Projects - $4,295,000
Other Capital Projects - $487,172
Mr. Mills informed Council they would consider adoption of the 2016/2017 budget on
Monday, September 26 at 7:00 p.m.
Mayor Trevino called for anyone wishing to speak for or against the item to come
forward. There being no one wishing to speak, Mayor Trevino closed the public
hearing.
C.2 CONDUCT A PUBLIC HEARING ON THE TAX YEAR 2016 (FISCAL YEAR
2016/2017) PROPOSED TAX RATE.
Mayor Trevino opened the public hearing and called on Director of Budget and
Research Mark Mills to present the item.
Director of Budget and Research Mark Mills informed Council the purpose of the item
is to receive comments from the public regarding the tax rate for Fiscal Year
2016/2017. Pursuant to state law, the City is required to conduct two public hearings
prior to adoption of the tax rate. The adopted tax rate for 2015 (funds 2015/2016
budget) is 61 cents. The proposed tax rate for 2016 (funds 2016/2017 budget)
remains the same at 61 cents. The second public hearing will be conducted at the
next regular scheduled City Council meeting on Monday, September 12, 2016 at 7:00
p.m. City Council will take action on the proposed tax rate at their Monday,
September 26, 2016 meeting, which begins at 7:00 p.m.
Mayor Trevino clarified the property tax increase, approved by voters in 2012 for the
new city hall, remains dedicated to debt associated with the new City Hall project.
Mr. Mills confirmed the four cent increase remains dedicated to the new City Hall
project.
Mayor Trevino asked for anyone wishing to speak on the item to come forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing.
Mayor Trevino announced no action is necessary by the City Council. The next
public hearing will be conducted on Monday, September 12 and the City Council will
take action on the proposed tax rate on Monday, September 26, 2016.
August 22, 2016
City Council Meeting Minutes
Page 5 of 9
C.3 RP 2015-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM RACETRAC PETROLEUM FOR A REPLAT OF LOT 13, BLOCK 21,
CLEARVIEW ADDITION ON 2.135 ACRES LOCATED AT 4940, 5000, AND
5028 DAVIS BOULEVARD.
APPROVED
Mayor Trevino opened the public hearing and called on Planning Manager Clayton
Comstock to introduce the item.
Planning Manager Clayton Comstock informed Council the applicant is seeking a
replat of 2.135 acres at 5000 Davis Boulevard. The area is designated on the
Comprehensive Land Use Plan as Retail and the current zoning is Redevelopment
Planned Development (PD-78). Mr. Comstock provided site photos of the property.
Applicant representative Travis Bousquet, 501 South Carroll Boulevard, Denton,
Texas presented request and was available to answer questions.
In response to Mayor Trevino's question, Mr. Bousquet advised that it will take
approximately six months to complete the project.
Planning Manager Clayton Comstock presented staffs report. The Planning and
Zoning Commission, at their August 4, 2016 meeting, recommended approval with a
vote of 6-0.
Mayor Trevino called for anyone wishing to speak on the item to come forward.
There being no one wish to speak, Mayor Trevino closed the public hearing.
COUNCIL MEMBER LOMBARD MOVED TO APPROVE RP 2015-09. COUNCIL
MEMBER TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
D. PLANNING AND DEVELOPMENT
DA AP 2016-02 CONSIDERATION OF A REQUEST FROM SPRY
SURVEYORS FOR AN AMENDED PLAT OF LOT 1R, BLOCK 1, HEWITT
ESTATES ON 0.3787 ACRES LOCATED AT 7700 BUCK STREET.
APPROVED
Principal Planner Clayton Husband informed Council the applicant is requesting
August 22, 2016
City Council Meeting Minutes
Page 6 of 9
approval of an amended plat to incorporate abandoned right-of-way into an existing
lot (Lot 1R, Block 1, Hewitt Estates). The area is designated on the Comprehensive
Land Use Plan as Low Density Residential and the current zoning is R-2 Single
Family Residential.
Applicant Traci Preskenis, 7749 Chasewood Drive, North Richland Hills, presented
request and was available to answer questions from Council. She informed Council
her intent is to remove the current structure and build a new residence in Spring
2017.
Council had no questions for the applicant.
Mr. Husband presented staffs report. The amended plat will combine the 30-foot
wide abandoned right-of-way of Mabell Street and Lot 1, Block 1, Hewitt Estates, into
a single lot. The applicant owns both Lot 1 and the abandonded right-of-way. The
plat meets the requirements of the zoning ordinance and subdivision regulations. The
Planning and Zoning Commission, at their August 4, 2016 meeting, recommended
approval with a vote of 6-0.
Mayor Pro Tem Welch asked Mr. Husband if there is a reason why the final plat only
shows the proposed 7.5-foot utility easement along the southern boundary. He asked
if it should extend and link back to the west as well as across the portion of the
vacated street.
Mr. Husband informed Council that staff would ensure the easement follows the rear
property line.
COUNCIL MEMBER WRIGHT OUJESI(Y MOVED TO APPROVE AP 2016-02.
MAYOR PRO TEM WELCH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
E. PUBLIC WORKS
E.1 CONSIDER ORDINANCE NO. 3423, THE ABANDONMENT OF THREE
PUBLIC EASEMENTS LOCATED WITHIN THE PROPOSED
NORTHGLENN ADDITION, LOT 1R, BLOCK 1 (4131 RUFE SNOW
DRIVE).
APPROVED
August 22, 2016
City Council Meeting Minutes
Page 7 of 9
City Engineer Caroline Waggoner informed Council the exisitng infrastructure
(draingage, water and sanitary sewer) near the new Athlos Academy was relocated
and three public easements associated with the old lines can be abandonded. Staff
is recommending approval of Ordinance No. 3423 that officially abandons Instrument
Nos. D191038175, D191038177, and D191038174.
Council had no questions for staff.
COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE NO. 3423.
COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
E.2 APPOINTMENT OF VOTING AND ALTERNATE MEMBERS FOR THE
WHOLESALE CUSTOMER ADVISORY COMMITTEE FOR THE FY
2016-2018 TIME PERIOD.
APPROVED
Managing Director Mike Curtis presented item and was available to answer questions
from Council.
Council had no questions for staff.
MAYOR PRO TEM WELCH MOVED TO APPOINT MIKE CURTIS AS VOTING
MEMBER AND KAREN BOSTIC AS ALTERNATE TO THE WHOLESALE CUSTOMER
ADVISORY COMMITTEE FOR BOTH WATER AND WASTEWATER. COUNCIL
MEMBER RODRIGUEZ SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F. GENERAL ITEMS
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 City Council did not convene into Executive Session
and no action is necessary.
August 22, 2016
City Council Meeting Minutes
Page 8 of 9
H. INFORMATION AND REPORTS
H.1 ANNOUNCMENTS
Council member Wright Oujesky made the following announcements.
Join us on Wednesday, August 31, 2016 to celebrate all that has been accomplished
in the first year at The Maker Spot. There will be birthday cake and fun activities for
all ages from 4:00 p.m. to 7:00 p.m. The Maker Spot is located on the second floor of
the NRH Library. Please call or visit their website for more information.
A golf tournament supporting the NRH Water Safety 365 drowning prevention
campaign will be held on Friday, September 2, 2016 at Iron Horse Golf Course. To
register and find more information, please visit the Water Safety 365 website or
contact Antonio Evangelista.
The 2016 Citizens Civic Academy will be held on Tuesday evenings from September
13 through October 25, 2016. The academy covers a broad range of city
departments and operations. Participants also learn about volunteer opportunities with
the city. Class size is limited to 20 people. More information and an application is
available online or by contacting Kristin James.
Kudos Korner - Gary Taylor (Planning & Development Department) and Trish Watson
(Neighborhood Services) - A resident contacted the city with concerns about
standing water and mosquitos at an apartment complex. Gary and Trish responded
and the concern was addressed in less than 24 hours. The resident was thankful for
the quick response and said "I'm so happy our city cares!"
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:55 p.m.
Oscar Trevino, Mayor
Alicia Richardson, City Secretary
August 22, 2016
City Council Meeting Minutes
Page 9 of 9
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Cancel the November 28 and December 26, 2016 City Council
meetings.
PRESENTER: Alicia Richardson, City Secretary
SUMMARY:
The second City Council meetings in November and December are in close proximity to
Thanksgiving and Christmas. City Council, at their August 22, 2016 meeting directed
staff to cancel the November 28 and December 28 meetings.
GENERAL DESCRIPTION:
Historically, the City Council meeting schedule has been modified to either cancel or
reschedule a meeting that is scheduled close to the Thanksgiving or Christmas holiday.
This year Christmas falls on the fourth week of the month.
The Planning and Development Department has posted on the City website the 2016
meeting schedule for the Planning and Zoning Commission and City Council to help
developers manage their submittals. The calendar omits the December 28 meeting and
a notation on November 28 that the meeting is traditionally canceled.
On August 22, 2016, City Council directed staff to cancel the November 28 and December
26, 2016 meetings. This item is placed on the agenda to formally cancel both meetings.
RECOMMENDATION:
Cancel the November 28 and December 26, 2016 meetings.
TqRH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: August 18, 2016
Subject: Authorize City Manager to execute an interlocal agreement for slurry
sealing with the City of Hudson Oaks.
Presenter: Kent Austin, Finance Director
Summary:
The City of Hudson Oaks is requesting to enter into an interlocal purchasing agreement
for the purchase of goods and services from vendors selected through the competitive
bidding process.
General Descri to ion:
The City of Hudson Oaks is requesting to enter into an interlocal purchasing agreement
for the purchase of goods and services from vendors selected through the
competitive bidding process. The City of Hudson Oaks is interested in purchasing from
a current City of North Richland Hills contract for Slurry Sealing (RFB 15-020,
Intermountain Slurry Seal).
The NRH City Council has authorized several of these interlocal agreements in the
past, and they have been mutually beneficial to North Richland Hills and the other
agencies. Participation reduces the overall expense of soliciting bids and
purchasing in larger quantities often lowers the cost of the goods and/or services.
Each agency will place their orders and pay the vendors directly. The City of North
Richland Hills or the City of Hudson Oaks may change or cancel the agreement with
a 30-day written notice. North Richland Hills currently participates in interlocal
agreements with several local governments throughout the DFW Metroplex and
various parts of Texas.
Recommendation:
To authorize the City Manager to execute an interlocal agreement with the City of
Hudson Oaks.
INTERLOCAL AGREEMENT
BETWEEN
CITY OF NORTH RICHLAND HILLS AND CITY OF HUDSON OAKS
This Agreement made and entered into by and between the City of North Richland Hills,
hereinafter referred to as "NRH", and the City of Hudson Oaks, hereinafter referred to as
"Hudson Oaks".
Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Article 4413
(32c) Vernon's Annotated Texas Statutes} providing for the cooperation between local
governmental bodies, the parties hereto, in consideration of the premises and mutual promises
contained herein, agree as follows:
NRH and Hudson Oaks desire to enter into an Agreement for the purchase of goods and
services from vendors selected through the competitive bidding process. Specifications for said
items should be determined in cooperation with the final approval of the entity processing the
bid.
The responsibility of each entity shall be as follows:
I.
NORTH RICHLAND HILLS
1. NRH shall be allowed to purchase goods and services from vendors who have been
selected by Hudson Oaks through the competitive bidding process. NRH will place
orders directly with and pay directly to the selected vendor for goods and services
purchased through a contract.
2. All purchases will be within the specifications that have been agreed to. NRH shall be
responsible for the Vendors compliance with all conditions of delivery, price and quality
of the purchased goods or services.
3. NRH shall give a 30-day written notification to all participating agencies of any change
or cancellation of participation.
4. The Purchasing Agent shall be designated as the official representative to act for NRH all
matters relating to this cooperative purchasing agreement.
II.
CITY OF HUDSON OAKS
1. Hudson Oaks shall be allowed to purchase goods and services from vendors who have
been selected by NRH through the competitive bidding process of NRH. Hudson Oaks
will place orders directly with and pay directly to the selected vendor for goods and
services purchased through a contract.
2. All purchases will be within the specifications that have been agreed to, Hudson Oaks
shall be responsible for the Vendors compliance with all conditions of delivery, price and
quality of the purchased goods or services.
3. Hudson Oaks shall give a 30-day written notification to a participating agency of any
change or cancellation of participation.
4, Finance Analyst shall be designated as the official representative to act for Hudson Oaks
in all matters relating to this cooperative purchasing agreement.
This Agreement shall take effect upon execution by the signatories and shall be in effect
from date of execution until terminated by either party with thirty (30) written notice.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers.
CITY OF NORTH RICHLAND HILLS CITY OF HUDSON OAKS
.
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BY: ... ... ........ ._._....._.. _ ..._._.. BY: ". .. _ ..
City Manager
TITLE " . 1 ,. G ....
DATE: ....__.. . .._ DATE. ..L �_Y_�
ATTEST: ATTEST: , '4 X :I
TITLE. p _ ,
City Secretary _ i ' "'
APPROVED AS TO FORM: APPROVED AS TO FORM:
_.... — — ____..._........._...___ ____-..........._......................_...- --
Attorney for the City Attorney for the City
TqRH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: September 12, 2016
Subject: Authorize City Manager to execute an interlocal agreement for slurry
sealing with the City of Ennis.
Presenter: Kent Austin, Finance Director
Summary:
The City of Ennis is requesting to enter into an interlocal purchasing agreement for the
purchase of goods and services from vendors selected through the competitive bidding
process.
General Descri to ion:
The City of Ennis is requesting to enter into an interlocal purchasing agreement for the
purchase of goods and services from vendors selected through the competitive
bidding process. The City of Ennis is interested in purchasing from a current City of
North Richland Hills contract for Slurry Sealing (RFB 15-020, Intermountain Slurry
Seal).
The City Council has authorized several of these interlocal agreements in the past
and they have been mutually beneficial to North Richland Hills and the other
agencies. Participation reduces the overall expense of soliciting bids, and
purchasing in larger quantities often lowers the cost of the goods and/or services.
Each agency will place their orders and pay the vendors directly. The City of North
Richland Hills or the City of Ennis may change or cancel the agreement with a 30-
day written notice. North Richland Hills currently participates in interlocal
agreements with several local governments throughout the DFW Metroplex and
various parts of Texas.
Recommendation:
To authorize the City Manager to execute an interlocal agreement with the City of
Ennis.
INTERLOCAL AGREEMENT
BETWEEN
CITY OF NORTH RICHLAND HILLS AND ENNIS
This Agreement made and entered into by and between the City of North Richland Hills,
hereinafter referred to as "NRH", and the City of Ennis, hereinafter referred to as "Ennis".
Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Article 4413
(32c) Vernon's Annotated Texas Statutes} providing for the cooperation between local
governmental bodies, the parties hereto, in consideration of the premises and mutual promises
contained herein, agree as follows:
NRH and Ennis desire to enter into an Agreement for the purchase of goods and services
from vendors selected through the competitive bidding process. Specifications for said items
should be determined in cooperation with the final approval of the entity processing the bid.
The responsibility of each entity shall be as follows:
I.
NORTH RICHLAND HILLS
1. NRH shall be allowed to purchase goods and services from vendors who have been
selected by Ennis through the competitive bidding process. NRH will
place orders directly with and pay directly to the selected vendor for goods and services
purchased through a contract.
2. All purchases will be within the specifications that have been agreed to. NRH shall be
responsible for the Vendors compliance with all conditions of delivery, price and quality
of the purchased goods or services.
1 NRH shall give a 30-day written notification to all participating agencies of any change
or cancellation of participation.
4. The Purchasing Agent, shall be designated as the official representative to act for NRH
all matters relating to this cooperative purchasing agreement.
II.
CITY OF ENNIS
1. Ennis shall be allowed to purchase goods and services from vendors who have been
selected by NRH through the competitive bidding process of NRH. Ennis will place
orders directly with and pay directly to the selected vendor for goods and services
purchased through a contract.
2. All purchases will be within the specifications that have been agreed to. Ennis shall be
responsible for the Vendors compliance with all conditions of delivery, price and quality of
the purchased goods or services.
3. Ennis shall give a 30-day written notification to a participating agency of any change or
cancellation of participation.
4. City Manager shall be designated as the official representative to act for Ennis in all
matters relating to this cooperative purchasing agreement.
This Agreement shall take effect upon execution by the signatories and shall be in effect
from date of execution until terminated by either party with thirty (30) written notice.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers.
CITY OF NORTH RICHLAND HILLS CITY OF ENNIS
BY: BY:
City Manager
TITLE: City Manager
DATE: _ DATE: 9/2/2016 _...__.
ATTEST: ATTEST:
OC
_ _ f y ,
City Secretary
TITLE: Cit Sy ecretarry _,,,,,,__ .
APPROVED AS TO FORM: APPROVED AS TO FORM:
...... ......._.................__.
Attorney for the City
RESOLUTION NO. 16-0307-11
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF ENNIS
TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE
INTERLOCAL AGREEMENTS CREATED WITHIN THE AUSPICES Oh
TITLE 7, CHAPTER 791, TEXAS GOVERNMENT CODE; ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature recognized that the efficiency and effectiveness of local
governments would be enhanced by authorizing them to contract, to the greatest possible extent,
with one another and with agencies of the state, and
WHEREAS, Chapter 791 was added to Title 7 of the Texas Government Code and captioned
The Interlocal Cooperation Act; and
WHEREAS, The Interlocal Cooperation Act provides guidance for the good and services to be
acquired through Interlocal purchasing, and
WHERAS, the City Commission approved City of Ennis Purchasing Policy allows the City to
participate in interlocal agreements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ENNIS, AS FOLLOWS:
Section 1.
That the City Manager be authorized by the City Commission to exercise interlocal agreements
with authorized local governments and agencies of the state in compliance with the Interlocal
Cooperation Act and the City's Purchasing Policy,
Section 2.
That the authorization is effective with the adoption of the resolution and shall remain in effect
until revoked by the City Commission in the same manner as it was repealed.
PASSED AND APPROVED BY THE CITY COMMISSION OF THE CITY OF ENNIS,
TEXAS, on this 7t° day of March, 2016..
M tt Walker, Mayor Pro Tern
AFST: �F
N
.. Secretary O ...
.___........_ ......_�_._ __..........
Angie Wade, City
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NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Consider Temporary Construction Right-of-Entry Agreement with the
Fort Worth Transportation Authority
PRESENTER: Craig Hulse, Economic Development Director
SUMMARY:
The Fort Worth Transportation Authority (FWTA) is requesting temporary access to City
of North Richland Hills property in order to commence construction on the Iron Horse
commuter rail station and park and ride facility.
GENERAL DESCRIPTION:
TEX Rail is a 27-mile commuter rail project being developed by the Fort Worth
Transportation Authority (FWTA) connecting downtown Fort Worth to DFW Airport's
Terminal B with an estimated 13,000 riders per day. Anticipated to be open for service
by the end of year 2018, the route includes two stations within the City near the
intersections of Iron Horse Boulevard at Boulder Drive (Iron Horse) and Smithfield Road
northeast of Mid Cities Boulevard (Smithfield).
In order for the FWTA to be open for service by the end of 2018, construction of the
stations needs to start this year. In order to develop the Iron Horse station, the FWTA
needs to access undeveloped City owned land that will ultimately house the station and
commuter parking.
In this particular case, the requested access is a Temporary Construction Right of Entry.
This allows the FWTA, its employees, contractors and agents to enter the property for
the purposes of constructing and modifying the rail bed, station, parking lot, streets,
drainage structures and landscaping. It also allows the use of the property for access,
ingress to and from the site of construction and public rights-of-way.
RECOMMENDATION:
Authorize the City Manager to Execute a Temporary Construction Right-of-Entry
Agreement with the Fort Worth Transportation Authority
FORT WORTH TRANSPORTATION AUTHORITY
TEX RAIL PROJECT
GRANT OF TEMPORARY CONSTRUCTION RIGHT-OF-ENTRY
The CITY OF NORTH RICHLAND HILLS ("Grantor"), for and in consideration of the sum of Ten
And No/100 Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the
FORT WORTH TRANSPORTATION AUTHORITY, a regional transportation authority of the State
of Texas ("Grantee"), the receipt and sufficiency of which Grantor hereby acknowledges, has
GRANTED unto Grantee, its successors and assigns, a temporary construction Right-of-Entry (ROE) for
the purposes hereinafter set forth in and to that certain lot, tract or parcel of land situated in Tarrant
County,Texas, that is described on Exhibit A attached hereto and made a part hereof for all purposes(the
"Property"). This ROE shall cease the date of completion of the necessary construction with such time
period being the"Term"of this ROE.
During the Tenn, the Property may be used by Grantee, its employees, contractors, agents,
successors, and assigns in connection with the construction of the Iron Horse Station of the TEX Rail
commuter rail project (the "Project') and all appurtenances thereto, including the construction and
modification of rail bed and track, station, parking lots, streets, drainage structures, and landscaping; and
the use of the Property for access, ingress to and from the site of construction and public rights-of-way.
It is acknowledged and agreed that Grantee is receiving the ROE in connection with Grantee's
construction of the Project. However, any Project activity that could interfere with the operation of
Grantor's roadway facilities shall be coordinated in advance with Grantor. Any impact on the traveling
public,including lane closures,shall be subject to approval by Grantor.
Grantor's access to the Project shall be coordinated with Grantee.
EXECUI'ED this day of'.. ........ 2016.
CITY OF NORTH RICHLAND HILLS FORT WORTH TRANSPORTATION AUTHORITY
By: ..... . . .... ... B 3
...........—.1-1. ...........
Name: Name: Paul
Ilard
Title: Title:—President/CEO
ATTESP.
Alicia Richardson, City Secretary
Approved as to form and legality:
................ ........ -----------------
............... ................ --------------------
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NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: ZC 2016-13, Ordinance No. 3425, Public Hearing and consideration
of a request from Rovin, Inc. for revisions to Redevelopment -
Planned Development 77 (PD-77) located at 6700-6720 NE Loop
820.
PRESENTER: Clayton Comstock, Planning Manager
SUMMARY:
Rovin, Inc. is requesting a zoning change to amend a 5.402-acre portion of the
Redevelopment Planned Development No. 77 Zoning District at the southeast corner of
Rufe Snow Drive and NE Loop 820 to allow signage and building architecture variances
to the City's development standards for two sit-down restaurants, Babe's Chicken
Dinner House and Sweetie Pie's Ribeves.
GENERAL DESCRIPTION:
Building Architecture
One of the primary purposes of this zoning change request is to allow the two proposed
restaurant buildings to reflect a rustic architecture that does not meet the City's
minimum masonry requirements and architecture standards.
The Babe's Chicken Dinner House building is designed as a 9,148 square foot
southwestern industrial warehouse building with metal and red clay tile for roof materials
and a mixture of fieldstone, brick, wood siding, metal panel, and stucco for the building
walls.
There is a large proportion of brick and stone proposed on the building, but it does not
meet the 70% minimum requirement on at least two of the four elevations. From an
architectural standpoint, the building meets many of the City's standards for vertical and
horizontal articulation, covered porches, awnings, and other detailed design elements.
The overall height of the building is 30 feet at its tallest points, but there is also a large
rooftop sign proposed that takes the overall height of the structure to 46 feet.
The Sweetie Pie's Ribeyes building is designed as a 6,505 square foot metal
agricultural building meant to represent a central metal granary equipped with a grain
elevator and hopper. The overall height of the elevator and hopper portions would be 55
MRH
feet. The fagade of the "addition" to the building would be faced in masonry "stone,
brick, stucco, and concrete." The applicant is repurposing reclaimed building materials
and agricultural elements found on other historical or agricultural buildings throughout
the southwest. The entire building is proposed to be outlined in an LED accent strip of
interchangeable colors.
The building satisfies many of the City's architectural standards related to horizontal and
vertical articulation. It does not, however, meet the City's minimum 70% brick/stone
masonry requirement.
Signage
Similar to their request for the buildings, the applicant is proposing multiple variances to
allow unique signage on site. The attached exhibits show the bulk of the proposed
signs.
The Babe's Chicken Dinner House site has an approximately 660 square foot sign
mounted to the top of the restaurant building. The maximum sign area permitted along
the Freeway Corridor is 400 square feet. The applicant has indicated that they are
comfortable with the design and the long-term maintenance of the sign, given possible
wind load challenges and access from the building's roof.
Monument and directional signs are also proposed at heights and areas larger than
normally permitted. The maximum height permitted for a monument sign is 7 feet. The
applicant is proposing 15-foot monument sign.
The Sweetie Pie's Ribeyes site has two large signs proposed
where only one would otherwise be permitted. The first is a
1950s-era style sign with a total height of 45 feet and total i
width of 41 feet, for a total dimensional area of 1,856 square
feet. Because of the shape, however, not all the area is -
signage (see exhibit and image at right). The second large
sign is a two-sided decorative sign applied to a 40-foot tall
agricultural appertenance with each sign approximately 229
square feet in size. �s
CONCEPT PLAN PROVIDED: A Concept Plan for the property and the two restaurants
is provided. This shows the intended layout and configuration of the buildings, parking
and landscape areas and is meant for informational purposes in the PD documents.
Further review and approval by the Development Review Committee of a Site Plan will
be required prior to building permits.
?g1kH
NORTH KICHL,AND HILLS
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 services establishments, and offices.
CURRENT ZONING: The property is currently zoned Redevelopment Planned
Development (RD-PD) No. 77, which was approved by City Council in November 2015
on the entirety of the City's 8.5125-acre property in this area. The current zoning allows
for restaurant uses only and follows the C-1 Commercial and Freeway Corridor Overlay
development standards.
PROPOSED ZONING: The proposed zoning is Redevelopment Planned Development
(RD-PD). The proposed change is intended to allow variances to the City's sign and
building architecture standards.
SURROUNDING ZONING I LAND USE:
North: C-1 & C-2 Commercial across IH Loop 820 1 Retail
West: Taco Cabana PD-64 (C-1 Commercial) I Retail
South: R-2 Single-Family I Low Density Residential
East: C-1 Commercial I Commercial
PLAT STATUS: The property is currently platted as Lots 1 R1 R1, 1 R1 R2, and 1R2;
Block 25, Snow Heights Addition. A replat will be processed in the coming months to
establish new lot lines for the two restaurants.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
conducted a public hearing and considered this item at the September 1 , 2016, meeting
and voted 6-0 to recommend approval.
RECOMMENDATION:
Approve Ordinance No. 3425.
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o NOTICE OF PUBLIC HEARINGS
CITY OF NORTH RICHLAND HILLS
9��j ::' PLANNING AND ZONING COMMISSION
rEx AND CITY COUNCIL
Case Number: ZC 2016-13
Applicant: Rovin, Inc.
Location: 6700-6720 NE Loop 820
You are receiving this notice because you are a property owner of record within 200
feet of the property shown on the attached map.
Purpose of Public Hearing:
A Public Hearing is being held to consider a request from Rovin, Inc. for revisions to
Redevelopment - Planned Development 77 (PD-77) located at 6700-6720 NE Loop 820.
Public Hearing Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
7:00 PM THURSDAY, SEPTEMBER 1, 2016
CITY COUNCIL
7:00 PM MONDAY, SEPTEMBER 12, 2016
Both Meeting Locations: CITY COUNCIL CHAMBERS
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above request,
please contact:
Planning Department- City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
BIRDVILLE INDEPENDENT SCHOOL PEREZ JULIAN T
DISTRICT LOET PROPERTIES LLC
ATTN: MIKE 120 HOPE STREET
ELKN PEREZ FIRA
6125 EAST P NORMAN OK 73070 P O BOX 720025 DR CUMBERLAND RI 02864
HALTOM CITY,TY, TX TX 7 76117
DUNCAN STEVEN L CASTEN JEANNE PACE MOSS MICHAEL
DUNCAN SHERRY C 6725 CORONA DR 6729 CORONA DR
6721 CORONA DR FORT WORTH TX 76180-7909 NRH TX 76180
FORT WORTH TX 76180-7909
IZQUIERDO ANGEL R DROGUETT VICTOR M BODEN JAY
IZQUIERDO ROSE L 2 WINSTEAD CT 6741 CORONA DR
6733 CORONA DR TROPHY CLUB TX 76262-3405 NRH TX 76180-7909
NRH TX 76180-7909
TAYLOR JESSICA NIKIRK LOIS EST TYLER CHARLES B
6801 CORONA DR 5805 SWORDS DR TYLER CINDA C
NRH TX 76180 FORT WORTH TX 76137-3770 6809 CORONA DR
FORT WORTH TX 76180-7911
SOUYAVONG PHOUMANO MANN VALERIE A NIX DORIS NELL
SOUYAVONG S 6817 CORONA DR 6821 CORONA DR
6813 CORONA DR NRH TX 76180-7913 FORT WORTH TX 76180-7913
NRH TX 76180-7911
STARZYK KARI D CHAMBLEE VIRGINIA M RODRIGUEZ BETTY
STARZYK BENJAMIN E 6700 CORONA DR RODRIGUEZ JOHNNY
6825 CORONA DR FORT WORTH TX 76180-7908 6721 LARUE CIR
NRH TX 76180 NRH TX 76180-7923
SUTTON JEFFREY G SLOAN GERALD C MARILEE PROPERTY LLC
SUTTON JULIE M 6720 CORONA DR 705 DANA DR
6716 CORONA DR FORT WORTH TX 76180-7910 KELLER TX 76248-4315
NRH TX 76180-7910
HARGRAVE JENNIFER C FERRA TRUST JUNE 14 1999 WITHERSPOON PROPERTIES IN
6732 CORONA DR 18 CHATHAM 632 LONESOME PRAIRIE TR
NRH TX 76180-7907 MANHATTAN BEACH CA 90266-7225 HASLET TX 76052-4193
BAKER CARL E MEADERS LEORA LEE EST BOBO KRISTY
BAKER CAROL E Attention: C/O CHARLOTTE MASTERS 6808 CORONA DR
6800 CORONA DR 2100 BAYSHORE DR FORT WORTH TX 76180-7914
NRH TX 76180-7914 FLOWER MOUND TX 75022
SOUTH RIVER RANCH NORTH
DANIEL DORIS A EST VAUGHAN SHERRIAN RICHLAND HILLS TEXAS LLC
6816 CORONA DR 6820 CORONA DR HOFFMAN AJ & LN FAMILY TRUST
NRH TX 76180-7912 NRH TX 76180 87 SANDERLING HILL
WATSONVILLE CA 95076
ORDINANCE NO. 3425
ZONING CASE ZC 2016-13
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS BY AMENDING REDEVELOPMENT
PLANNED DEVELOPMENT 77 OF THE CITY OF NORTH RICHLAND
HILLS FOR THE PURPOSE OF ALLOWING SIGN AND BUILDING
ARCHITECTURE VARIANCES FOR A 5.402 ACRE PORTION OF THE
PROPERTY LOCATED IN AT THE SOUTHEAST CORNER OF RUFE
SNOW DRIVE AND NE LOOP 820; 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 of the City of North Richland Hills previously approved
Redevelopment Planned Development 77; and
WHEREAS, the owner of property located in the southeast corner of Rufe Snow Drive
and NE Loop 820 has requested an amendment to Redevelopment
Planned Development 77 to allow for signage and building architecture
variances; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on September 1, 2016, and the City Council
of the City of North Richland Hills, Texas, held a public hearing on
September 12, 2016 with respect to the zoning change 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. 3425
ZC 2016-13
Page 1 of 4
Hills, and all other laws dealing with notice, publication, and procedural
requirements for the rezoning of 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 CITYOF
NORTH RICHLAND HILLS, TEXAS:
Section 1: THAT the Zoning Ordinance of the City of North Richland Hills and
Redevelopment Planned Development 77 of the City of North Richland
Hills are hereby revised for the property located at the Southeast Corner
of Rufe Snow Drive and NE Loop 820, as shown on Exhibit A attached
hereto and incorporated herein, in accordance with the Concept Plans
attached hereto as Exhibit B 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 and
Redevelopment Planned Development 77 is sufficient to approve signage
and building architectural variances in accordance with the Concept Plans
attached hereto as Exhibit B.
Section 3: That the official zoning map of the City of North Richland Hills is amended
and the Planning Manager is directed to revise the official zoning map to
and Redevelopment Planned Development 77, as set forth above.
Section 4: The use of the Property described above shall be subject to the
restrictions, terms and conditions set forth in the Redevelopment Planned
Development 77 and the Concept Plans attached as Exhibit B. Unless
otherwise provided in Exhibit B or Redevelopment Planned Development
77, the Property shall be governed by 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: 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 6: 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
Ordinance No. 3425
ZC 2016-13
Page 2 of 4
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.
Section 7: 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 8: 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 9: 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 10: 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 11 : This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
Ordinance No. 3425
ZC 2016-13
Page 3 of 4
PASSED AND APPROVED on the 12th day of September, 2016.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
Approved as to form and legality:
Cara Leahy White, Assistant City Attorney
Approved as to content:
Clayton Comstock, Planning Manager
Ordinance No. 3425
ZC 2016-13
Page 4 of 4
Exhibit A
Title Survey
INTERSTATE, HIGHWAY LOOT' 820
A VALI1JLE MDT IT ImI HT-of-,rA. 4-02`54'21" 6*�•ao"Oi1 S611
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Exhibit A
Field Notes
ALL that certain tract or parcel of land situated in the W.W. WALLACE SURVEY, ABSTRACT NO. 1606, Tarrant
County, Texas and being a portion of Lot I-R-2, Block 25, SNOW HEIGHTS ADDITION, an Addition to the City
of North Richland Hills, Tarrant County, Texas as recorded in Instrument No. D212279844, Plat Records,
Tarrant County, Texas and also being all of Lots 1R1R1 and 1R1R2, Block 25, SNOW HEIGHTS ADDITION, an
Addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Instrument No.
D214018827 of said Plat Records and being more particularly described by metes and bounds as follows:
BEGINNING at an "X" cut in concrete found for the northeast corner of Lot 2-R, Block 25, SNOW HEIGHTS
ADDITION, an Addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Instrument
No. D212279844 of said Plat Records being the northwest corner of said Lot 1111111, also being in the
southerly right-of-way line of Interstate Highway Loop 820 (a variable width right-of-way)
THENCE North 83 degrees 18 minutes 34 seconds East with said southerly right-of-way line, 10.97
feet to an "X" cut in concrete found;
THENCE North 83 degrees 16 minutes 14 seconds East continuing with said right-of-way line, 284.78 feet to
a 4 inch brass disc stamped "TXDOT" found for the beginning of a curve to the right, from which the center
bears South 03 degrees 02 minutes 00 seconds East, at 5233.85 feet;
THENCE northeasterly continuing with said right-of-way line and with said curve to the right, having an arc
length of 265.44 feet, a central angle of 02 degrees 54 minutes 21 seconds and chord bearing of North 88
degrees 25 minutes 10 seconds East, at 265.41 feet to a 4 inch brass disc stamped "TXDOT" found for the
beginning of a curve to the right, from which the center bears South 00 degrees 08 minutes 52 seconds
East, at 2609.18 feet;
THENCE northeasterly continuing with said right-of-way line and with said curve to the right, having an arc
length of 5.95 feet, a central angle of 00 degrees 07 minutes 50 seconds and chord bearing of North 89
degrees 55 minutes 04 seconds East, at 5.95 feet to a pk nail set;
Thence South 00 degrees 21 minutes 30 seconds West departing said right-of-way line, 296.52 feet to a 1/2
inch capped steel rod stamped "MOAK SURV INC" set in the southerly boundary line of said Block 25;
THENCE North 89 degrees 38 minutes 30 seconds West with said southerly boundary line of said Block 25,
566.07 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the southwest corner of
said Lot 1R1R1, also being the southeast corner of said Lot 2-13;
Thence North 00 degrees 40 minutes 16 seconds East departing said southerly boundary line of said
Block 25 and with the common boundary line between said Lot 1111111 and Lot 2-R, 251.01 feet to the
PLACE OF BEGINNING and containing 3.643 acres of land, more or less as surveyed by Moak Surveyors,
Inc. during the month of October, 2015.
Exhibit A
Title Survey
INTERSTATE HIGHWAY LOOP 820
A-05-30'47- 11 ITH RICHT (,)F—I&Af
R-7609 IS'
(ON(M,tL SFM(� HUAL, L fi251,616'
CHOR67-5 87-1536T
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Exhibit A
Field Notes
ALL that certain tract or parcel of land situated in the W. W. WALLACE SURVEY, ABSTRACT
NO. 1606, Tarrant County, Texas and being a portion of Lot 1-R-2, Block 25, SNOW HEIGHTS
ADDITION, an Addition to the City of North Richland Hills, Tarrant County, Texas as recorded
in Instrument No. D212279844, Plat Records, Tarrant County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a mag nail found in the southerly boundary line of said Block 25, from which a
1/2 inch steel rod found (CM) in the easterly right-of-way line of Vance Road bears South 89
degrees 38 minutes 30 seconds East, at 604.80 feet;
THENCE North 89 degrees 38 minutes 30 seconds West with said southerly boundary line of
said Block 25, 430.60 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found
(CM) for the southwest corner of the herein described tract;
THENCE North 00 degrees 21 minutes 30 seconds East departing said southerly boundary
line, 296.52 feet to a pk nail found in the southerly right-of-way line of Interstate Highway
Loop 820 for the beginning of a curve to the right, from which the center bears South 00
degrees 01 minutes 01 seconds East, at 2609.18 feet;
THENCE southeasterly with said right-of-way line and with said curve to the right, having an
arc length of 251.06 feet, a central angle of 05 degrees 30 minutes 47 seconds and chord
bearing of South 87 degrees 15 minutes 38 seconds East, at 250.96 feet to a 1/2 inch capped
steel rod stamped "MOAK SURV INC' set;
THENCE South 00 degrees 19 minutes 48 seconds West departing said right-of-way line,
269.09 feet to a mag nail set;
THENCE South 89 degrees 38 minutes 30 seconds East, 179.72 feet to a pk nail set;
Thence South 00 degrees 19 minutes 48 seconds West, 17.00 feet to the PLACE OF
BEGINNING and containing 1.759 acres of land, more or less as surveyed by Moak Surveyors,
Inc. during the month of December, 2015.
Redevelopment Planned Development (RD-PD) District
Land Use and Development Regulations
Lots 1R1R1, 1R1R2, and a Portion of Lot 1-R-2; Block 25, Snow Heights Addition
North Richland Hills,Texas
This Redevelopment Planned Development (RD-PD) District shall adhere to all the conditions of the
North Richland Hills Code of Ordinances, as amended, and adopt a base district of C-1 Commercial. The
following regulations shall be specific to this RD-PD District. Where these regulations conflict with or
overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall
prevail.
I. ZONING
A. Permitted Land Uses. Uses in this RD-PD shall be limited to the following:
1. Full service restaurant.
B. Development Regulations. Development of this property shall be in compliance with the following
standards and the Concept Plan.
1. Development Standards. Development of the property shall comply with the development
standards of the C-1 Commercial zoning district. Except the following:
1. 15' Building setback along Frontage Rd.
2. Visibility sight triangles shall be measured form edge of pavement and not property
line.
2. Restaurant Limitations. The number of full service restaurants shall be limited to two (2)
establishments.
3. Pickup service. Pickup windows are permitted.
4. Signs. Allowable signs listed below(refer to Concept Plan for approximate locations of all
signs)
1. Building Sign: (refer to sign rendering)
2. Monument Sign: 2-sided directional sign with maximum 150 sf per face and a
maximum height of 15'-0 (refer to sign rendering)
3. Decorative Sign: (refer to sign rendering)
4. Pole Sign: (refer to rendering)
5. Directional sign: 2-sided directional sign with maximum 50 sf per face and a
maximum height of 8'-0".
6. Directional pole sign: 2-sided pole sign with maximum 50 sf per face and a
maximum height or 25'-0"
7. Building directional signs (multiple): single and double sided signs (building
mounted, blade style or pole sign)with maximum 50 sf per face and a maximum
height of 25'-0". (to identify entrances into buildings/patio areas)
8. Building accent neon (neon, LED, fiber optic or other similar continuous linear
accent light source): not limited to specific color. (refer to concept renderings)
5. Architectural.
1. Exterior Materials and Colors
A. Required masonry percentage. NO minimum masonry requirements. (for
reference, below is the actual masonry coverage %for each building)
BABE'S SWEETIE PIE'S
ACTUAL ACTUAL
ELEVATION SF % ELEVATION SF %
SOUTH ELEVATION-PRIMARY SOUTH ELEVATION-PRIMARY
MASONRY 1418 70% MASONRY 1123 45%
METAL/WOOD 422 21% METAL 1113 45%
DOORS/WINDOWS 173 9% DOORS/WINDOWS 233 9%
TOTAL ELEV.SF 2013 100% TOTAL ELEV. SF 2470 100°%
NORTH ELEVATION-SECONDARY NORTH ELEVATION-SECONDARY
MASONRY 1187 54% MASONRY 1026 33°%
METAL/WOOD 885 40% METAL 1813 58%
DOORS/WINDOWS 137 6% DOORS/WINDOWS 284 9%
TOTAL ELEV.SF 2209 100% TOTAL ELEV. SF 3123 100%
WEST ELEVATION-SECONDARY WEST ELEVATION-SECONDARY
MASONRY 1456 62% MASONRY 96 5°%
METAL/WOOD 862 37% METAL 1637 83°%
DOORS/WINDOWS 31 1% DOORS/WINDOWS 236 129/
TOTAL ELEV.SF 2349 100% TOTAL ELEV. SF 1969 100%
EAST ELEVATION-SECONDARY EAST ELEVATION-SECONDARY
MASONRY 1553 75% MASONRY 959 47%
METAL/WOOD 242 12% METAL 1026 50%
DOORS/WINDOWS 278 13% DOORS/WINDOWS 66 3%
TOTAL ELEV.SF 2073 100% TOTAL ELEV. SF 2051 100%
B. NO minimum glass requirements.
C. Material exceptions. All masonry types, including concrete cinder block,
shall be grouped under a single masonry category.
D. Color.
1. NO fluorescent colors to be used on main or secondary facades.
2. Not limited to NEW materials (majority of materials used will be
reclaimed, or new, modified to appear aged.
3. Not limited to specific color palette.
4. Neon, LED, Fiber Optic or other similar accent lighting allowed
per example is Sign submittal. Not limited to specific color.
E. Roofs.
1. New or reclaimed metal/corrugated or other profile (new will
be modified to appear aged).
2. New or reclaimed clay tile roof.
3. Asphalt shingle roof(used in minimum quantity).
2. Mechanical Equipment-
A. Screening of mechanical equipment shall be done as it relates to the
architecture of the structures. Screen may consist of a physical screen or
a modified finish on the equipment to give it an aged appearance
appropriate to the building design. Full screening from public view not
required.
6. 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 Concept Plan, as determined by the City Manager or his/her designee, shall require a
revision to the approved Redevelopment Planned Development in the same manner as the
original.
II. PD EXHIBITS
1. Zoning Exhibit
2. Concept Plan
3. Building Elevations
4. Sign Package
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EXCERPT FROM THE SEPTEMBER 1, 2016
PLANNING AND ZONING COMMISSION MEETING MINUTES
ZC 2016-13 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
ROVIN, INC. FOR REVISIONS TO REDEVELOPMENT - PLANNED
DEVELOPMENT 77 (PD-77) LOCATED AT 6700-6720 NE LOOP 820.
APPROVED
Planning Manager Clayton Comstock introduced the zoning request.
Paul Vinyard, 20125 Fiddler's Green, Frisco, TX presented background information
about Babe's Chicken Dinner House and showed images of the proposed Babe's
and Sweetie Pie's locations in NRH.
Frank King, 257 Rabbit Run, Dripping Springs, TX, presented information about the
recycled materials to be used in construction of the two restaurants.
Planning Manager Comstock summarized the staff report and stated that the
purpose of the Planned Development was for building elevations or architecture
and signage. The applicant will still need to submit a site plan for approval by the
Development Review Committee.
Chairman Randall Shiflet asked about a possible monument sign on Rufe Snow
Drive.
Mr. Comstock responded that the applicant does intend to have a sign in that
location, possibly for multiple restaurants, but that will be considered an off-site
sign and is not a part of this request.
Commissioner Steven Cooper asked for clarification about the proposed height of
the monument sign compared to what is currently allowed by ordinance.
Mr. Comstock stated that single tenant monument signs are limited to a height of
seven feet.
Commissioner Jerry Tyner asked if there was an exhibit that showed the
relationship between this development and the residents to the south.
Mr. Comstock showed the concept plan and stated that the applicant has placed
the restaurants as far north as possible on the property and the City's outdoor
lighting standards have been met as far as lighting trespass onto adjacent lots.
The fence dividing the restaurant and residential properties will be an 8 foot
masonry wall that will match the existing wall behind Taco Cabana.
Chairman Shiflet opened the public hearing and called for anyone wishing to speak
to come forward.
Jay Boden, 6741 Corona Drive, asked if property owners could add additional
height to the wall that is being proposed for a total of ten feet.
Mr. Comstock explained that the type of wall that is being proposed looks like
stone or brick but is stamped concrete that is painted or stained. Eight feet is the
maximum height for a wall or fence.
Michael Moss, 6729 Corona Drive, asked if the side streets were proposed to be
blocked off for entrance into the development.
Mr. Comstock explained that the existing LaRue Circle extension would connect
into this property but Redondo Street would not connect.
COMMISSIONER COOPER MOVED TO APPROVE ZC 2016-13. COMMISSIONER BOWEN
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
?g1kH
NORTH KICHL,AND HILLS
PLANNING AND ZONING COMMISSION
MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: SDP 2016-04 Public Hearing and consideration of a request from
Wilson and Stonaker, LLC, for a Special Development Plan for
Smithfield Heights on 14.57 acres located in the 6600 & 6700 blocks
of Davis Boulevard.
PRESENTER: Clayton Comstock, Planning Manager
SUMMARY:
Wilson and Stonaker, LLC is requesting approval of a Special Development Plan for
Smithfield Heights. This 14.57-acre development is located in the Smithfield Transit
Oriented Development (TOD) Zoning District on the west side of Davis Boulevard north
of Main Street.
GENERAL DESCRIPTION:
The majority of the property is currently owned by the City of North Richland Hills. It
was acquired in 2009 as a possible location for a new City Hall facility. When the
Municipal Complex Oversight Committee determined the City Hall should go in its
current location on Boulevard 26, the City sought proposals from developers that could
develop the site to the specifications of the Transit Oriented Development Zoning
District.
Smithfield Heights is proposed to be a 2-phased mixed use development with
approximately 21,000 square feet of commercial space, 28,800 square feet of ground
floor flex space (commercial or residential), live/work units, and between 450 to 490
multifamily units depending on whether a parking garage is provided. 32,925 square
feet (0.76-acre) of open space is provided in the form of plazas and pocket parks
throughout the development. This meets the minimum 5% open space area for the
gross site.
The development is centered around a new extension of Snider Street from Main Street
to the south through the property and connecting to Davis Boulevard at Northeast
Parkway. A traffic signal will be provided at the intersection of Northeast Parkway and
Davis Boulevard, which will also benefit the Smithfield Villas development and existing
residents and businesses on the east side of Davis. Northeast Parkway right-of-way will
also stub to the west, where future redevelopment of the Smithfield Elementary School
IqRH
site could continue the street to connect to Smithfield Road. Mickey Street right-of-way
and paving will also connect to Northeast Parkway within the development; however, a
connection is not planned until Mickey Street improvements can be made as part of a
Capital Improvements Project.
The development is planned in at least two phases. The southern half of the property
would likely be developed first. The northern multi-story buildings would be developed
in a second phase and may include a parking garage if market demand and rents are
present to support it. The commercial pad sites at the intersection of Northeast and
Davis would be marketed and developed for the specific users.
TOD WAIVERS: The applicant is aware of all TOD Code development criteria and has
indicated that they will develop to such specifications. There are four areas that they are
requesting waivers to the TOD Code:
1. Mixed Use Criteria for Ground Floor. The TOD Core Character Zone requires
a minimum of 35% of the ground floor area to be commercial uses and a
maximum of 40% of the ground floor area to be residential uses. The applicant is
requesting 58% of the ground floor area to be permitted for residential use.
2. Live/Work Units. The TOD Core Character Zone does not permit the use of
Live/Work Units and the developer would like the option to use that product as
the market dictates. A Live/Work Unit is defined as a dwelling unit that is also
used for work purposes, provided that the 'work' component is restricted to the
uses of professional office, artist's workshop, studio, or other similar uses and is
located on the street level. The 'live' component may be located on the street
level (behind the work component) or any other level of the building. Live/Work
Units are permitted in the General Mixed Use and TOD Residential character
zones.
3. Detention/Retention Pond. The engineering use of a detention or retention
pond within the City of North Richland Hills requires City Council approval of a
Special Use Permit. In this case, the downstream stormwater system is not
sized to accept stormwater runoff from this development. The applicant will
therefore have to design a detention or retention pond feature on site to help
slow the discharge into the downstream system. The pond has been integrated
to compliment usable open space area for the development.
4. Landscape Standards on Private Property. The applicant is requesting relief
in the TOD Code's requirements for private property landscaping and instead to
follow Chapter 114 of the City Code for all internal site landscaping. This is a
common issue and request from applicants, as we have seen that the landscape
requirements in the TOD are four times as much as the rest of the City. Staff
plans to take an ordinance amendment forward that will correct this issue, but not
before this application is considered.
?g1kH
NORTH KICHL,AND HILLS
COMPREHENSIVE PLAN AND CURRENT ZONING: This area is designated on the
Comprehensive Land Use Plan and is currently zoned as "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.
This property is located in the "TOD Core" Character Zone (i.e. subzone) of the
Smithfield TOD. The TOD Core area provides the most opportunities for redevelopment
and new development in the station area.
SURROUNDING ZONING I LAND USE:
North: R-3 Single Family Residential I Low Density Residential
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 unplatted and consists of several tracts of
land in the J. Crockett Survey, Abstract 273.
SPECIAL DEVELOPMENT PLAN: The applicant is requesting a Special Development
Plan for consideration of waivers to the Transit Oriented Development code. The
Special Development Plan process is intended to provide applicants with flexibility in
development standards 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.
?g1kH
NORTH KICHL,AND HILLS
PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a
public hearing and considered this item at their September 1, 2016 meeting. The
Commission discussed the property line between the Smithfield Cemetery site and
directed the applicant to work with City staff and the Cemetery Association on an
appropriate landscape and fence buffer. The Commission voted 6-0 to recommend
approval of the Special Development Plan with the following conditions:
• Half-height stone wall with wrought iron fence top
• Replacement trees adjacent to the cemetery
• No vehicular access be provided to Mickey Street until such time Mickey is
improved
The developer met with the Smithfield Cemetery Association on September 7 and came
to an agreed upon solution for the screening/buffer between the Cemetery and
Smithfield Heights. More detail will be presented during the City Council meeting.
RECOMMENDATION:
Approve SDP 2016-04.
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o NOTICE OF PUBLIC HEARINGS
CITY OF NORTH RICHLAND HILLS
9��j ::' PLANNING AND ZONING COMMISSION
rEx AND CITY COUNCIL
Case Number: SDP 2016-04
Applicant: Wilson and Stonaker, LLC
Location: 6600 & 6700 blocks of Davis Blvd
You are receiving this notice because you are a property owner of record within 200
feet of the property shown on the attached map.
Purpose of Public Hearing:
A Public Hearing is being held to consider a request from Wilson and Stonaker, LLC, for a
Special Development Plan for Smithfield Heights on 15.05 acres located in the 6600 & 6700
blocks of Davis Boulevard.
Public Hearing Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
7:00 PM THURSDAY, SEPTEMBER 1, 2016
CITY COUNCIL
7:00 PM MONDAY, SEPTEMBER 12, 2016
Both Meeting Locations: CITY COUNCIL CHAMBERS
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above request,
please contact:
Planning Department- City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
BIRDVILLE ISD FORTNEY LAWRENCE COFFEY JAY M
6125 EAST BELKNAP FORTNEY MARY COFFEY EVELYN
FORT WORTH TX 76117-4204 8016 MICKEY ST 8017 MICKEY ST
NRH TX 76182-3538 NRH TX 76182-3539
HAMEN-BEAN JACKLYN S HAMEN-BEAN JACKLYN S SPEIGHT MATT
6908 POST OAK DR ENGELHARDT FAMILY TRUST 5137 DAVIS BLVD
NRH TX 76182 6908 POST OAK DR NRH TX 76180-6877
NRH TX 76182
AGUILAR JAVIER BAKER EDWARD E VO HOANG M
PO BOX 164455 8005 MICKEY ST NGUYEN MINH T
FORT WORTH TX 76161-4455 FORT WORTH TX 76182-3539 8112 ODELL ST
NRH TX 76182-3544
CONWAY CHAD BYRD TRAVIS ESTATE NENCLARES JAIME
800D MICKEY ST 8008 MICKEY ST 3009 HONEY LOCUST DR
NRH TX 76182 FORT WORTH TX 76182-3538 EULESS TX 76039-4136
FORTNEY LAWRENCE S ESTRADA EDGAR A GRAVER EDWARD C
8016 MICKEY ST ESTRADA ELENA 8024 MICKEY ST
NRH TX 76182-3538 6824 MOSS LN FORT WORTH TX 76182-3538
NRH TX 76182-7036
STEWART LYDIA L STEWART LYDIA L SMITHFIELD CEMETERY ASSN
6005 KENTUCKY ST 6005 KENTUCKY ST Attention: % VICKIE COLES TREAS
JOSHUA TX 76058 JOSHUA TX 76058 5645 JAMAICA CIR
NRH TX 76180-6575
LELA TURNER CEMETERY HILL LLOYD LESTER JR SMITHFIELD HEIGHTS LLC
Attention: ATTN PEGGY LISCHIO 6165 W 167TH ST PO BOX 93898
3704 W 6TH ST STILWELL KS 66085-9234 SOUTHLAKE TX 76092
FORT WORTH TX 76107-2028
REGIONAL RAIL ROW CO CUBESMART LP
TODOROV IVAYLO Attention: ATTN: DALLAS AREA PO BOX 320099
5920 VALLEY HAVEN WAY RAPID TRANSI PTA-CS#755
FORT WORTH TX 76244-5145 PO BOX 660163 ALEXANDRIA VA 22320
DALLAS TX 75266-0163
TITAN TOWERS, L.P PERCH POINT PROPERTIES LTD THE SHEMWELL REV LIV TRUST
PO BOX 6060 8208 NORTHEAST PKWY STE 106 PO BOX 177
ABILENE TX 79608 NRH TX 76182-4000 KELLER TX 76244-0177
WILLIAM GUEST FAMILY LTD PRTN JAN ENTERPRISES INC GTX LAND LLC
804 WINDMILL CT 6728 DAVIS BLVD 6700 DAVIS BLVD STE A
BEDFORD TX 76021 NRH TX 76182-4028 NRH TX 76182-4016
GLOBAL RETAIL PROPERTIES LLC J&J NRH 100 FLP SMART BUY HOMES CORP
9213 MEYERS CANYON DR 700 HARWOOD RD STE A 8004 MAIN ST
PLANO TX 75025 HURST TX 76054 NRH TX 76182-4005
RICH ALBERT R SR FARHOOD EVELYN Z SMITHFIELD MASONIC LODGE
RICH DONNA R 6812 STILLMEADOWS CIR S PO BOX 821413
5629 PUERTO VALLARTA DR NRH TX 76182-3310 FORT WORTH TX 76182-1413
NRH TX 76180-6559
SMITHFIELD MASONIC LODGE#455 SNIDER TERRY NEIL FIRST BAPTIST CH SMITHFIELD
PO BOX 821413 317 CHANDLER LAKE CT 7912 MAIN ST
FORT WORTH TX 76182-1413 FORT WORTH TX 76103-1001 NRH TX 76182-4034
M &J CUSTOM DESIGN HOMES M&J CONSTRUCTION CORP FB MAINSTREET LLC
CORP 8004 MAIN ST 2000 CREEKVISTA DR
8004 MAIN ST NRH TX 76182-4005 KELLER TX 76248
NRH TX 76182-4005
ORDINANCE NO. 3424
SDP 2016-04
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 APPROVING A SPECIAL DEVELOPMENT PLAN
WITHIN THE TRANSIT ORIENTED DISTRICT FOR SMITHFIELD
HEIGHTS ON APPROXIMATELY 15.05 ACRES LOCATED IN
THE 6600 AND 6700 BLOCKS OF DAVIS BOULEVARD;
ESTABLISHING A PENALTY; 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 owner of the property located in the 6600 and 6700 Block of
Davis Boulevard has filed an application for a Special Development
Plan (SDP) for consideration of waivers to the Transit Oriented
Development Code applicable to the property; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was sent to real property owners within two hundred (200) feet of
the property herein described at least ten (10) days before such
hearing; and
WHEREAS, notice of a public hearing before the City Council was published in
a newspaper of general circulation in the City at least fifteen (15)
days before such hearing; and
WHEREAS, public hearings concerning the request from Wilson and Stonaker,
L.L.C., for a SDP were held before both the Planning and Zoning
Commission and the City Council; and
WHEREAS, the Planning and Zoning Commission made a recommendation
concerning the SDP, which includes specific waivers to the Transit
Oriented Development Code (TOD); and
Ordinance 3424
SDP 2016-04
Page 1 of 3
WHEREAS, the City Council finds that the SDP and waivers to the TOD are
made in accordance with the Comprehensive Plan and Zoning
Ordinance of the City of North Richland Hills for the purposes
provided in Texas Local Government Code Ch. 211 ; and
WHEREAS, the City Council has evaluated the SDP in accordance with the
TOD and is of the opinion that the SDP herein effectuated furthers
the purpose of zoning as set forth in the Zoning Ordinance of the
City of North Richland Hills and promotes the health and general
welfare and is in the best interest of the citizens of the City of North
Richland Hills;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NORTH RICHLAND HILLS, TEXAS:
Section 1: That the recitals above are true and correct and made a part of this
Ordinance for the purposes provided herein.
Section 2: That the Comprehensive Plan and the Zoning Ordinance of the City
of North Richland Hills are hereby amended by approving the
request for a Special Development Plan, including specific waivers
to the Transit Oriented Development Code, for Smithfield Heights
on an approximately 15.05 acre tract of land located in the 6600
and 6700 block of Davis Boulevard, as described and shown in
Exhibit A, attached hereto, in accordance with the Concept Plan
attached hereto as Exhibit B.
Section 3: Any person, firm or corporation violating any provision of the Zoning
Ordinance of the City of North Richland Hills 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 4: 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 5: This ordinance shall be in full force and effect immediately after
passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 12th day of September, 2016.
Ordinance 3424
SDP 2016-04
Page 2 of 3
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
Approved as to form and legality:
Cara Leahy White, Assistant City Attorney
Ordinance 3424
SDP 2016-04
Page 3 of 3
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SMITHFIELD HEIGHTS
Proposed Modifications to the Transit Oriented Development District Standards
Overview
Smithfield Heights consolidates multiple properties located at Davis Boulevard and Main Street into a
cohesive master plan. Located in the TOD Core, the site has arterial frontage along Davis Boulevard
and establishes an extension of Snider Street. The pedestrian-oriented development is located within
walking distance of the future commuter rail stop, Smithfield Station, reducing the reliance on
automobiles. Smithfield Heights provides plazas, parks and pocket parks. Located off of Snider Street is a
series of plazas defined by the buildings. Framed by Buildings B1 and D and prominently featured along
Davis Boulevard is a .45 acre park space.
Mixed Use Criteria for Ground Floor
The mixed use development offers nearly 94,000 square feet of commercial space and approximately 450
residential units. The minimum commercial use permissible in the TOD Core is 35%. Smithfield Heights
provides the ability for the ground floor to achieve 42% commercial. The maximum ground floor
residential use permissible in the TOD Core is 40%, this development is 58%. Not included in this
percentage is the possibility that, at the developer's discretion, Building J may be built to flex-commercial
standards should the market show the ability to support this use during Phase 02. Should this change
happen, the total residential ground floor use would occupy only 42%with 58% available for commercial
use. The request is for the development to be approved as 58%ground floor residential to be responsive
to the market.
Live/Work in the TOD Core
The development requests that Building L and M be Live/Work units as the TOD Core does not currently
allow for this use. This location has visibility from Davis Boulevard to help support the commercial
component. The townhome-like scale of the buildings transition into the adjacent neighborhood along
Mickey Street. The intent would be for the ground floor to function as a studio/work space with living
above.
Landscape Standards in Parking
The TOD Code currently states that, "All surface parking lots that accommodate more than 10 cars shall
be required to plant one canopy tree and three shrubs per every 1,000 sq. ft. of paved area." This places
a tree roughly and three shrubs roughly every 4 spaces. Although the development intends to provide
trees and landscaping within the parking areas and meet the requirements set by Urban Forestry, we
anticipate that this requirement will be difficult to achieve. The request is for the development to be
exempt from this landscape requirement within the parking areas.
Water Detention
Smithfield Heights requests the ability to have water detention in the public open space framed by
Buildings B1 and D as flood control.The low lying area would temporarily contain water during rain storms
or flash flooding and is not intended to hold water.
EXCERPT FROM THE MINUTES OF THE SEPTEMBER 1, 2016
PLANNING AND ZONING COMMISSION MEETING.
SDP 2016-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
WILSON AND STONAKER, LLC, FOR A SPECIAL DEVELOPMENT PLAN FOR
SMITHFIELD HEIGHTS ON 15.05 ACRES LOCATED IN THE 6600 & 6700
BLOCKS OF DAVIS BOULEVARD.
APPROVED
Planning Manager Clayton Comstock introduced the Special Development Plan
(SDP) request.
Applicant representative, Michael Bennett, 500 W. 7th Street, Fort Worth, TX,
presented the request.
Commissioner Kathy Luppy asked how many multifamily units were proposed in this
development.
Mr. Bennett responded there would be approximately 400 units at build out.
Commissioner Luppy and Mr. Bennett discussed the number of bedrooms proposed
in these units, which is unknown at this point.
Planning Manager Comstock presented the staff report and discussed the waivers
that the applicant is seeking. He clarified that the total number of units being
proposed is between 450 and 490, depending on whether or not a parking garage is
provided in the development.
Chairman Randall Shiflet opened the public hearing.
Vickie Coles, 5645 Jamaica Circle, came forward and expressed concern for the
relationship between this proposed development and the cemetery to the west. The
concerns included tree removal adjacent to the cemetery, the proximity of Building A
to the cemetery, the potential connection to the cemetery shown on the southwest
side of the development, and a lack of park space provided within the proposed
development.
Two commissioners asked the city attorney if they should abstain from participating
in this case since they have plots in the cemetery. City Attorney, Cara White,
responded that the commissioners should be okay in this instance due to the value
of the plots.
Jackie Hamen-Bean, owner of 8021 , 8025 and 8029 Mickey Street, was called to
speak. Ms. Hamen-Bean is against the request and is concerned about the lack of
park space and the proposed parking structure in this plan. She encouraged the
Commission to preserve Smithfield.
Larry Fortney, 8016 Mickey Street, came forward to speak. Mr. Fortney is concerned
about the parking garage, the proposed density of the project and the condition of
Mickey Street.
Mary Pat Fortney, 8016 Mickey Street, came forward to speak. Ms. Fortney is
concerned about any connection to Mickey Street.
Chairman Shiflet closed the public hearing and called for a motion.
Commissioner Bill Schopper motioned to approve the request as proposed.
Commissioner Mike Benton seconded the motion.
Chairman Shiflet called the applicant to come forward to respond to the questions
about trees and the cemetery.
Mr. Bennett stated that they have made an attempt to save as many trees as
possible along the western property line of the development. He further stated that
they do not intend to connect to the cemetery from this development.
Planning Manager Comstock discussed the proposed future connections shown on
the concept plan and the city-owned alley that is shown behind the existing buildings
along Main Street.
Chairman Shiflet asked about fencing in between the cemetery and the proposed
development.
Mr. Comstock answered that there is no fencing required but that a recommendation
could be made by the Commission to include fencing and staff would work with the
developer on the issue.
Commissioner Luppy stated her concern for the cemetery and the importance of
preserving its historical value to the community.
Mr. Comstock stated that, although the zoning is already in place to allow the basic
development, restrictions can be placed on the buffer between the cemetery and the
development through the SDP they are seeking for certain waivers.
Chairman Shiflet suggested that a wrought iron fence might ensure the sanctity of
the cemetery. He also suggested that the developer may want to meet with
residents along Mickey Street. He requested clarification for the right of way width
along Mickey Street.
City Engineer Caroline Waggoner stated that Mickey Street is a thirty foot right of
way but some properties that have platted more recently have provided a wider right
of way.
Chairman Shiflet requested that we assure the residents that Mickey would not
connect until it was improved.
Mr. Comstock stated that it is the intent of the City to not connect Mickey until such
time that it was improved. This could become enforceable as a condition of the SDP.
Commissioner Cooper asked Mr. Comstock about the waiver to the landscape
standards that was being requested.
Mr. Comstock stated that the Transit Oriented Development (TOD) standards for
landscaping are substantially higher than those in the city's other zoning districts and
it creates an inequitable situation. Previous SDP applicants have requested to follow
the landscape standards in Chapter 114 that apply to the city as a whole. City staff is
planning an update to the TOD landscape standards.
Commissioner Cooper asked if a stipulation could be made in the SDP that trees be
added along the boundary between the cemetery and this development.
Mr. Comstock answered yes.
Commissioner Benton asked if Commissioner Schopper would consider amending
the motion so that the screening on the west side of the development adjacent to the
cemetery can be improved.
Commissioner Schopper stated that instead of amending the motion he would like to
determine what exactly can be done regarding screening instead of dictating
something to the developer.
Chairman Shiflet stated that there is time for solutions to be worked out between the
Planning and Zoning Commission and City Council meetings.
Commissioners Cooper and Luppy stated that they want to support this plan but
cannot until there is a solution to the concerns brought forth by the speakers.
Commissioner Benton agreed and said he would like to see a concrete solution
instead of passing it like it is on to City Council to provide solutions.
Commissioner Luppy said there are valid concerns that need to be addressed
before this is approved.
Chairman Shiflet asked when this was scheduled for City Council.
Mr. Comstock answered that it has been advertised for the September 12th Council
meeting.
Chairman Shiflet said that continuing this to a specific date could be an option.
Commissioner Benton asked if a decision could be made tonight about a fence.
Mr. Comstock replied that the Commission has made recommendations previously
to City Council that were contingent on a developer meeting with adjacent property
owners to find solutions to their concerns. The minutes can reflect suggested
solutions by the Commission such as the wrought iron fencing that was discussed.
Commissioner Cooper stated that he also does not want to dictate solutions to the
developer but would like consideration for the discussion that has taken place about
fencing and trees, particularly in light of the landscaping waiver that is being
requested.
Commissioner Benton added that he would like to see a fence and a landscape
buffer that is respectful to the cemetery.
Commissioner Luppy stated that she does not feel suggesting that the City Council
look into these issues is strong enough language, but that something should be
included in the Commission's motion.
Mr. Bennett suggested that a low stone wall possibly with a wrought iron fence atop
that could be located in the existing ten foot buffer that is already proposed. This
would help to block head lights from shining into the cemetery. The negative aspect
of that is the more footings that are put in for a wall the less likely the mature trees
are to survive.
There was a discussion about a stone wall and the planting of new trees between
the Commission and the applicant.
Commissioner Luppy stated that there is already a black wrought iron fence around
the cemetery that might be continued in this area.
Commissioner Cooper asked Commissioner Schopper if he feels comfortable
amending his motion.
Commissioner Schopper stated that he will amend his motion and to defer to the
architect's creativity to find a solution to the screening but that a parking garage is
already permitted.
Commissioner Cooper suggested a vote be taken, and if it's denied, another motion
could be made that included the suggested solutions.
Commissioner Schopper amended the motion to include a half stone wall with
matching wrought iron fencing above it adjacent to the cemetery, with replacement
trees also adjacent to the cemetery, and no vehicular access to Mickey Street until
such time that it is improved in the future.
Chairman Shiflet encouraged the applicant to meet with the residents on Mickey
Street and Ms. Coles prior to City Council in order to mitigate any issues.
COMMISSIONER SCHOPPER MOVED TO APPROVE SDP 2016-04 WITH THE
CONDITIONS THAT A HALF STONE WALL WITH MATCHING WROUGHT IRON
FENCING ABOVE IT BE CONSTRUCTED ADJACENT TO THE CEMETERY,
REPLACEMENT TREES BE ADDED ADJACENT TO THE CEMETERY
PROPERTY LINE, AND NO VEHICULAR ACCESS BE ALLOWED TO MICKEY
STREET UNTIL SUCH TIME THAT IT IS IMPROVED IN THE FUTURE.
COMMISSIONER BENTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Conduct a Public Hearing on the Tax Year 2016 (Fiscal Year
2016/2017) Tax Rate.
PRESENTER: Mark Mills, Budget Director
SUMMARY:
The City Council is requested to open a public hearing on the proposed 61 cent per
$100 of valuation tax rate and receive public comment. At the conclusion of the public
comments, Council is requested to announce Monday, September 26, 2016 as the date
of the vote on the adoption of the tax rate. After this announcement, Council is
requested to close the public hearing. No action is required at this hearing as it is held
for the purpose of receiving public comment.
GENERAL DESCRIPTION:
State law requires the City to hold two public hearings on the proposed property tax rate
if the proposed rate exceeds the lower of the effective tax rate or the rollback rate.
Because the proposed tax rate exceeds the effective tax rate of 58.3909 cents, two
public hearings are necessary. The first public hearing was held Monday, August 22,
2016 during the regular 7:00 p.m. City Council meeting.
The vote to adopt the proposed tax rate of 61 cents is scheduled to appear as an action
item on the September 26, 2016 Council agenda for the regular 7:00 p.m. City Council
meeting. If adopted, this will maintain the current 61 cent tax rate. This would be the
fifth consecutive year that the tax rate has remained at 61 cents.
Individual taxpayers' property taxes may decrease, increase or remain the same
depending on the appraised value of their property. Senior and disabled property
owners that have a tax ceiling (even if their property values have increased) will pay the
same amount of property tax as the previous year unless their appraised property value
decreased.
RECOMMENDATION:
Open a public hearing on the Tax Year 2016 (Fiscal Year 2016/2017) Proposed Tax
Rate, receive public comments, and announce Monday, September 26, 2016 as the
date of the vote on the adoption of the tax rate, and close the public hearing.
?g1kH
NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: FP 2016-03 Consideration of a request from D'Lee Properties, LLC
for a Final Plat of Lee's Crossing on 2.271 acres located at 7800
Starnes Road.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY:
On behalf of property owner New Church Christian Fellowship, D'Lee Properties LLC is
requesting approval of a Final Plat of Lee's Crossing. This 2.271-acre subdivision is
located at the southwest corner of Smithfield Road and Starnes Road. The proposed
plat meets the requirements of the zoning ordinance and subdivision regulations.
GENERAL DESCRIPTION:
The final plat for Lee's Crossing includes seven single-family residential lots ranging in
size from 12,453 to 17,003 square feet. The typical lot is 72.5 feet wide and 193 feet
deep. The zoning of the property is RI-PD, and the lots meet the required zoning
standards.
While all the lots face Smithfield Road, they will share common private driveways and a
slip street parallel to Smithfield Road. The 20-foot wide slip street would be located
within a 43-foot wide private access, drainage, utility, and landscape easement, and it
would be striped as a fire lane. Two driveways would provide access to Smithfield
Road, and they line up with the driveways of the church across the street. At the time of
construction of each house, an inset parallel parking area will be built to provide visitor
parking at each residence. The parking area will be constructed of stamped concrete.
The development incorporates approximately 7,000 square feet of open space along
Smithfield Road, with the open space making up 7.2% of the development. All lots
within the development will be landscaped with at least 3 trees and 16 shrubs of varying
sizes. The 15-foot-wide open space area along Smithfield Road will also be landscaped
behind an ornamental iron fence and at the two driveway locations.
The homeowner's association will be responsible for maintenance of all landscaped
areas, screening walls, the private drive, and decorative streetlights. The screening wall
along Smithfield Road will be a combination of masonry columns and decorative
?g1kH
NORTH KICHL,AND HILLS
ornamental iron pickets and finials, varying in height from four to six feet. A six-foot tall
solid masonry fence is proposed on the Starnes Road frontage.
COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low
Density Residential." This designation provides areas for the development of traditional,
low-density single-family detached dwelling units.
THOROUGHFARE PLAN: The development has frontage on Smithfield Road and
Starnes Road. Smithfield Road is classified as a C41J Major Collector roadway, which is
a four-lane undivided street with an ultimate right-of-way width of 68 feet. Starnes Road
is classified as a C2U Minor Collector roadway, which is a two-lane undivided street
with an ultimate right-of-way width of 60 feet. Right-of-way dedication is not required for
this property as sufficient right-of-way is currently in place.
CURRENT ZONING: The property is zoned PD-79, a residential infill planned
development. The zoning was approved by the City Council on January 11, 2016. The
RI-PD zoning district is intended to encourage residential development of small and
otherwise challenging tracts of land by offering incentives that encourage creative and
inventive development scenarios. These developments are limited to residential
development or redevelopment of less than ten acres. The final plat is consistent with
the zoning standards applicable to this property.
SURROUNDING ZONING I LAND USE:
North: C-1 Commercial I Commercial
West: R-3 Single-Family Residential I Low Density Residential
South: R-8 Single-Family Detached Zero Lot Line Residential I Low Density
Residential
East: C-1 Commercial I Public/Semi-Public
PLAT STATUS: The property is currently platted as Lot 1, Block 8, Century Oaks
Addition. A preliminary plat of Lee's Crossing was approved as part of the rezoning of
the site on January 11, 2016.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
considered this item at the August 18, 2016, meeting and voted 5-0 to recommend
approval.
RECOMMENDATION:
Approve FP 2016-03.
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EXCERPT FROM THE AUGUST 18, 2016
PLANNING AND ZONING COMMISSION MEETING MINUTES
FP 2016-03 CONSIDERATION OF A REQUEST FROM D'LEE
PROPERTIES, LLC FOR A FINAL PLAT OF LEE'S CROSSING ADDITION
ON 2.271 ACRES LOCATED AT 7800 STARNES ROAD.
APPROVED
Principal Planner Clayton Husband introduced the Final Plat request.
Applicant Lee Martin and Doug Terry with D'Lee Properties, 1001 Edgewater Court,
Colleyville, TX, came forward to present the request.
Commissioner Steven Cooper asked if the masonry fence would only be along
Starnes Road.
The applicants responded yes.
Principal Planner Husband presented the staff report and stated that the plat was
recommended for approval.
Commissioner Cooper asked if the masonry fence along Starnes had a diagonal
shape at the intersection with Smithfield Road.
Principal Planner Husband stated there there will be a visibility easement at the
intersection and the wall will respect that easement.
COMMISSIONER BENTON MOVED TO APPROVE FP 2016-03. COMMISSIONER SCHOPPER
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-0.
?g1kH
NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: AP 2016-03 Consideration of a request from J & J NRH 100 FLP for
an Amended Plat of Villas at Smithfield Addition on 13.479 acres
located in the 8200 blocks of Odell Street and Northeast Parkway.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY:
On behalf of J & J NRH 100 FLP, Our Country Homes is requesting approval of an
Amended Plat of The Villas at Smithfield. This 13.479-acre subdivision is located west
of Davis Boulevard between Odell Street and Northeast Parkway. The proposed
amended plat meets the requirements of the zoning ordinance and subdivision
regulations.
GENERAL DESCRIPTION:
The final plat for Villas at Smithfield was approved on August 24, 2015. The final plat
includes 93 single-family residential lots and 9 open space lots. The plat contains a mix
of 48 townhouse lots (30-foot wide products with alley-loaded garages) and 45
detached single-family lots (40-foot wide products with alley-loaded garages). The
townhouse and small-lot single-family units are permitted by right in the Smithfield TOD
General Mixed-Use zoning district.
The nine open space lots account for 1.17 acres (8.68%) of the development. Most of
this open space is located within a 0.71-acre central green that will include formal
landscape and hardscape elements. Other open space areas serve as landscape
setbacks from adjacent uses. The minimum open space requirement of the TOD district
is five percent.
The amended plat will modify the following items.
1. Corrects the dimension of the front utility, access, and maintenance easement to
7 feet on several lots fronting Fairfield Lane, Acadia Lane, Concord Way, and
Cotton Belt Lane.
2. Adds utility easements to correspond with franchise utility service design.
?g1kH
NORTH KICHL,AND HILLS
COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Smithfield
Transit Oriented Development." This higher-density single-family residential product is
what was envisioned for this area of the Smithfield TOD. The intent of this classification
is to support and sustain the future commuter rail station and provide convenient access
to rail transit, shopping, employment, housing, and neighborhood retail services.
THOROUGHFARE PLAN: The subdivision will have access onto Odell Street and
Northeast Parkway. Both roads in this area are fully developed and classified as local
streets with 60 feet of right-of-way. The dedication of additional right-of-way is not
required from this property for either street. However, the developer will be upgrading
south side of Odell Street along this development's frontage to include an on-street
parking lane and curb extensions to define the travel lanes. A similar improvement was
made to the Briar Pointe Villas development at Main Street and Amundson.
Internal street classifications were borrowed from the Town Center Zoning District. A
2014 revision to the TOD Code allowed developers greater flexibility in choosing from
either the TOD street sections or the Town Center Zoning District street sections. By
doing this, the developer has also created a one-way street around the central park,
similar to other areas of Hometown.
CURRENT ZONING: TOD Transit Oriented Development. This final plat is consistent
with the Smithfield TOD zoning standards.
SURROUNDING ZONING I LAND USE:
North: TOD Transit Oriented Development Smithfield TOD
West: TOD Transit Oriented Development Smithfield TOD
South: TOD Transit Oriented Development Smithfield TOD
East: R-PD Planned Development I Low Density Residential
PLAT STATUS: The property is currently platted as Villas at Smithfield. The final plat
was approved by the City Council on August 24, 2015.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
considered this item at the August 18, 2016, meeting and voted 5-0 to recommend
approval.
RECOMMENDATION:
Approve AP 2016-03.
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EXCERPT FROM THE AUGUST 18, 2016
PLANNING AND ZONING COMMISSION MEETING MINUTES
AP 2016-03 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP
FOR AN AMENDED PLAT OF VILLAS AT SMITHFIELD ADDITION ON 13.479
ACRES LOCATED IN THE 8200 BLOCKS OF ODELL STREET AND NORTHEAST
PARKWAY.
APPROVED
Principal Planner Clayton Husband introduced the Amended Plat request.
Jason Weaver with Goodwin and Marshall, 2405 Mustang Drive, Grapevine, TX,
representing Our Country Homes, presented the Amended Plat request. He stated
that this plat has previously been recorded and construction is nearing completion on
the development. The purpose of the amended plat is to move the front building lines
on certain lots and to alter some of the easements that were originally platted.
Principal Planner Husband presented the staff report and stated that the Development
Review Committee recommends approval of this plat.
COMMISSIONER BOWEN MOVED TO APPROVE AP 2016-03. COMMISSIONER
BENTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-0.
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City DATE: September 12, 2016
Manager
SUBJECT: Consider Funding Agreement with the State of Texas and the
North Central Texas Council of Governments (NCTCOG) for the
Snider Street Extension project
PRESENTER: Mike Curtis, Managing Director
SUMMARY:
In January 2010 the City of North Richland Hills was awarded a $2,240,000
reimbursement grant from the NCTCOG's Sustainable Development Program to
construct the Snider Street Extension Project within the Smithfield Transit Oriented
Development. In order to activate the reimbursement grant, the City of North Richland
Hills, the State of Texas and the NCTCOG are required to enter into a funding
agreement.
GENERAL DESCRIPTION:
TEX Rail is a 27-mile commuter rail project being developed by the Fort Worth
Transportation Authority (FWTA) connecting downtown Fort Worth to DFW Airport's
Terminal B with an estimated 13,000 riders per day. Anticipated to be open for service
by the end of year 2018, the route includes two stations within the City near the
intersections of Iron Horse Boulevard at Boulder Drive (Iron Horse) and Smithfield Road
northeast of Mid Cities Boulevard (Smithfield).
In June 2009, the City adopted a Transit Oriented Development (TOD) Plan and Code
for both Iron Horse and Smithfield to facilitate a mixture of housing, office, retail and/or
other amenities alongside a walkable neighborhood located within a half-mile of quality
public transportation. The adoption of the TOD not only set forth a new set of
development and land use guidelines in and around the rail stations, but also allowed
the City to answer a call for projects from the NCTCOG's Sustainable Development
Program.
Exactly one year later (June 2010), the Regional Transportation Council (RTC),
independent transportation policy body of NCTCOG, awarded $2.24 Million to the City's
Snider Street Extension Project that requires a 20% local match ($560,010).
The project extends Snider Street north from Main Street, turning east to Davis
Boulevard. Included in the project scope is Public improvements included new Snider
MRH
Street extension with sidewalks, street trees and signals at the Davis and Northeast
Parkway intersection.
In order for the project's funds to be released for reimbursement, it needs to accompany
a development that meets the Sustainable Development Program's criteria and be
approved by both the City and the NCTCOG. While it has taken over six years, such a
development project exists.
If approved, the Snider Street Extension Project will accompany Smithfield Heights, a
mixed use development with approximately 21,000 square feet of commercial space,
28,800 square feet of ground floor flex space (commercial or residential), live/work
units, and between 450 to 490 multifamily units. The developer behind Smithfield
Heights will be contributing the 20% local match while the City has established the
Snider Street Extension Capital Project (ST1102) for program reimbursement.
RECOMMENDATION:
Authorize the City Manager to Execute a Funding Agreement with the State of Texas
and the North Central Texas Council of Governments (NCTCOG) for the Snider Street
Extension project
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North Central Texas Council Of Governments
September 7, 2016
Mr. Craig Hulse
Director of Economic Development
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Dear Mr. Hulse:
Attached for your review and signature is an electronic copy of the proposed Funding
Agreement between the Texas Department of Transportation, the North Central Texas Council
of Governments (NCTCOG) and the City of North Richland Hills for the Snider Street Extension
Project.
NCTCOG requests your assistance in securing appropriate signatures. Please print three plain
white 8.5x11 copies of the signature page of the Agreement. Following signature, please return
original hard copies of the signature pages to the attention of Therese Bergeon for further
processing. A complete and fully executed copy of the Agreement will be returned for your files,
electronically and in hard copy form. The City of North Richland Hills is not authorized to incur
any expenses on this project until NCTCOG issues a Notice to Proceed.
NCTCOG looks forward to working with the City of North Richland Hills on this project. If you
have any project related questions, please contact Karla Weaver, Program Manager, at
(817) 608-2376 or kweaver @nctcog.org.
Sincerely,
' I Q.,._.
Dan Kessler
Assistant Director of Transportation
SB:tmb
Attachment
cc: Karla Weaver, Program Manager NCTCOG
NRH/Snider Street Project File TRN1597
Correspondence sent via electronic mail.
616 Six Flags Drive,Contorpoint Two
P 0.Box 5888,Arlington,Texas 76005-5888
(817)640-3300 FAX:81'7-640-7806 0 recycled papa
www.nctcog.orq
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
STATE OF TEXAS §
COUNTY OF TRAVIS §
FUNDING AGREEMENT
FOR PROJECTS USING FUNDS HELD IN THE
STATE HIGHWAY 161 SUBACCOUNT-
SUSTAINABLE DEVELOPMENT INFRASTRUCTURE
Off-System Projects
This Funding Agreement, hereinafter referred to as the "Agreement', is made and entered into
by and between the State of Texas, hereinafter referred to as the "STATE", the City of North
Richland Hills, hereinafter referred to as the "LOCAL GOVERNMENT", and the North Central
Texas Council of Governments, hereinafter referred to as "NCTCOG". The STATE, LOCAL
GOVERNMENT, and NCTCOG may each be referred to as a "Party", and may be collectively
referred to as "Parties" to this Agreement.
WITNESSETH
WHEREAS, the STATE has received money from the North Texas Tollway Authority for the
right to develop, finance, design, construct, operate, and maintain the SH 161 toll project from
1-20 to SH 183 in Dallas County; and,
WHEREAS, pursuant to Transportation Code, 228.006 the STATE shall authorize the use of
surplus revenue of a toll project for a transportation project, highway project, or air quality
project within the district of the Texas Department of Transportation in which any part of the toll
project is located; pursuant to Transportation Code §228.012 the STATE has created a
separate subaccount in the State highway fund to hold such money (SH 161 Subaccount), and
the STATE shall hold such money in trust for the benefit of the region in which a project is
located, and may assign the responsibility for allocating money in the subaccount to a
metropolitan planning organization; and,
WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Department of
Transportation Commission (the "Commission") approved a memorandum of understanding
(MOU) with the Regional Transportation Council concerning in part the administration, sharing,
and use of surplus toll revenue in the region; under the MOU the RTC shall select projects to be
financed using surplus revenue from a toll project, subject to Commission concurrence; and,
WHEREAS, on June 3, 2010 the Regional Transportation Council (RTC) approved staff
recommendations for selected projects for implementation of the Sustainable Development
Program in the Dallas-Fort Worth Metropolitan Area for the implementation of transportation
improvements related to sustainable development projects and local sustainable development
planning programs; and,
Page 1 of 18
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
WHEREAS, in Minute Order 113102, dated April 26, 2012, the Commission concurred with
RTC's selection of projects for the Sustainable Development Program; and,
WHEREAS, on April 12, 2012, through development of the 2013-2016 Transportation
Improvement Program (TIP) the Snider Street Expansion project was changed from Surface
Transportation Program — Metropolitan Mobility (STP-MM) funds to Regional Toll Revenue
(RTR) funds; and,
WHEREAS, on April 12, 2012, the Regional Transportation Council (RTC) approved the 2013-
2016 Transportation Improvement Program; and,
WHEREAS, in Minute Order 113251, dated August 30, 2012, the Commission concurred with
the RTC's approval of the 2013-2016 Transportation Improvement Program; and,
WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated
as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the
Governor of Texas in accordance with federal law and acts as RTC's fiduciary agent; and,
WHEREAS, the Government Code, Chapter 791, and Transportation Code §201.209 authorize
the State to contract with municipalities and political subdivisions to perform governmental
functions and services; and,
WHEREAS, the Local Government is a political subdivision and governmental entity by statutory
definition; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
Article 1.0 Purpose. The purpose of this Agreement is to set out the roles and responsibilities
of the STATE, LOCAL GOVERNMENT, and NCTCOG to implement the Sustainable
Development PROJECT.
1.1 The STATE agrees to provide funding for the PROJECT awarded by the RTC and
concurred by the Commission; on the terms and conditions set forth herein.
1.2 The LOCAL GOVERNMENT agrees to implement the PROJECT and provide
necessary local match, according to the terms and conditions set forth herein.
1.3 NCTCOG agrees to coordinate with the STATE and LOCAL GOVERNMENT
on the implementation of the PROJECT, including reviewing eligible costs and
recommending to the STATE payment of such costs, if consistent with the terms
and conditions set forth herein.
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
Article 2.0 Definitions. For the purpose of this Agreement the following words and phrases
shall be defined as follows:
CALL FOR PROJECTS: shall mean the request for Sustainable Development Project
applications issued by the RTC on March 23, 2009.
OVERALL PROJECT: shall mean the entire project as applied for in the Call for
Projects, including the funded portion of the PROJECT and any additional improvements
funded by the City or a private sector through local sources. Evidence of significant
progress toward completion of the OVERALL PROJECT shall be demonstrated by the
LOCAL GOVERNMENT submitting a building permit for a mixed-use development.
PROJECT: shall mean the project as funded under this Agreement and as further
defined by the map included as Attachment A and the scope of work included as
Attachment B.
PROJECT BUDGET: shall mean the budget or cost identifying all costs associated with
and for the implementation of the PROJECT included in Attachment B.
Article 3.0 Scope. The LOCAL GOVERNMENT shall implement the PROJECT as described in
Attachment B and in the Supporting Documentation as provided for in Article 11.1. Failure to
complete the PROJECT may require the LOCAL GOVERNMENT to return funds received from
the STATE for any expenses previously reimbursed within thirty (30) days. Any cost overruns
are the responsibility of the LOCAL GOVERNMENT. Any modifications to the scope of work
must be agreed to in advance and in writing by NCTCOG.
Article 4.0 Project Award. The PROJECT award for this Agreement is $2,800.050. The
LOCAL GOVERNMENT agrees to return funds received under this Agreement for reimbursed
activities where the LOCAL GOVERNMENT has failed to comply with the requirements set forth
in this Agreement, including but not limited to: failure to complete the PROJECT as identified in
Attachment B, failure to show significant progress toward completion of the OVERALL
PROJECT, and/or failure to comply with reporting requirements prescribed in Article 11.
4.1 Match. The LOCAL GOVERNMENT shall be responsible for a local match of
$560,010. The LOCAL GOVERNMENT shall document local match contribution in its
requests for reimbursement. The LOCAL GOVERNMENT's contribution must be
considered eligible expenses under this Agreement in order to constitute local match.
Article 5.0 Notices. All notices to each party by the other required under this Agreement shall
be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic
mail (electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
Page 3 of 18
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
STATE:
Texas Department of Transportation
Attention: Director of Contract Services
General Services Division
125 East 11Th Street
Austin, Texas 78701
T: (214) 320-6100
F: (214) 320-4488
LOCAL GOVERNMENT:
City of North Richland Hills
Attention: Craig Hulse
Director of Economic Development
7301 NE Loop 820
North Richland Hills, TX 76180
T: (817) 427-6091
NCTCOG:
North Central Texas Council of Governments
Attention: Director of Transportation
616 Six Flags Drive
P.O. Box 5888
Arlington, Texas 76005
T: (817) 695-9240
F: (817) 640-3028
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Each party may change the above address by sending written
notice of the change to the other party. Either party may request in writing that such notices
shall be delivered personally or by certified U.S. mail and such request shall be honored and
carried out by the other party.
Article 6.0 Term.
6.1 Agreement Time. This Agreement becomes effective when signed by the last party
whose signing makes the Agreement fully executed.
6.2 Time of Performance. The LOCAL GOVERNMENT shall not commence
performance of any portion of the PROJECT, nor incur any costs or obligations
associated with those services, until the LOCAL GOVERNMENT has received written
authorization from NCTCOG, in the form of a pre-award authorization or a notice to
proceed.
6.3 Pre-Award Authorization. The LOCAL GOVERNMENT may obtain a pre-award
authorization for approved cost not to exceed the twenty (20) percent local match
contribution for the PROJECT. The costs incurred by the LOCAL GOVERNMENT prior
to the execution of this Agreement may count towards the twenty (20) percent local
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
match contribution provided such costs are for eligible expenses. Documentation of
such expenditures must be provided to NCTCOG.
Costs incurred prior to execution of an Agreement are at the risk of the LOCAL
GOVERNMENT and is not the responsibility of NCTCOG or the STATE to reimburse in
the event an Agreement is not executed and/or the PROJECT is not completed as
defined in Article 3.0.
NCTCOG will provide a copy of all pre-award authorizations to the Fort Worth District
Engineer.
6.4 Limited/Full Notice to Proceed. A limited or full Notice to Proceed will be issued
upon completion of a design and/or project review meeting, final execution of the
Agreement, and necessary Article 11.1 documentation. Any activities completed prior to
the receipt of a Notice to Proceed will not be eligible for reimbursement, unless
specifically approved in writing by the STATE or NCTCOG.
NCTCOG will provide a copy of all limited/full Notices to Proceed to the Fort Worth
District Engineer.
6.5 Project Schedule. NCTCOG may in its sole discretion terminate this Agreement if it
concludes that the LOCAL GOVERNMENT has failed to begin the PROJECT by May
2017 or has not made significant progress towards the OVERALL PROJECT within the
timeline identified in the Article 11.1 supporting documentation or by December 31,
2017, whichever occurs sooner. All changes to the schedule must be agreed to in writing
by all three parties.
6.6 Agreement Term. This Agreement shall terminate at the completion of the
OVERALL PROJECT. The PROJECT shall be considered complete upon NCTCOG's
receipt of a Closeout Report as identified in Article 11.3.
6.7 Continuing Obligations. Termination of this Agreement does not invalidate any
continuing obligations imposed by this Agreement.
6.8 Funding Availability. Any or all of the terms of this Agreement may be suspended
or terminated in the event the STATE terminates funding for any reason.
6.9 Events of Default. In the event of a default of any terms or conditions set forth in
this Agreement, The LOCAL GOVERNMENT shall repay any funds received from the
STATE for implementation of this PROJECT within thirty (30) days. The LOCAL
GOVERNMENT will be considered to be in default including but not limited to the
following reasons: any material representation or warranty provided in reports or as part
of this Agreement shall prove to be false, funds identified in the PROJECT BUDGET are
used for purposes other than those stated in Attachment B, the LOCAL GOVERNMENT
assigns or transfers the obligations set forth in this Agreement to a third party without
prior written consent of the STATE and NCTCOG; the LOCAL GOVERNMENT fails to
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
complete the PROJECT as required in Attachment B, or the LOCAL GOVERNMENT
fails to cure a defect as outlined in Article 6.9.
6.10 Termination. Each party reserves the right to terminate this Agreement in whole or
in part. Notice of termination must be provided in writing, shall set forth the reasons for
termination, and shall provide for a minimum of forty-five (45) days to cure the defect.
Termination is effective only in the event the party fails to cure the defect within the
period stated in the termination notice including any written extensions. The Parties may
terminate this Agreement at any time by mutual written concurrence.
Article 7.0 Amendments.
7.1 Sole Agreement. The Agreement constitutes the sole and only agreement between
the parties and supersedes any prior understandings or written or oral agreements
respecting the Agreements' subject matter.
The LOCAL GOVERNMENT shall include all appropriate provisions of this Agreement in
any subcontractor or developer awards to implement the Scope of work, including but
not limited to Articles 9, 10, 11, and 12.
7.2 Severability. In the event any one or more of the provisions contained in this
Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision(s) hereof, and this Agreement shall be revised so as to cure such invalid,
illegal, or unenforceable provision(s) to carry out as near as possible the original intent of
the Parties.
7.3 Changed Circumstances. If future federal, State, or local statute, ordinance,
regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid,
unenforceable, or impractical, the Parties agree to delete and/or to modify such portions
of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each
section, paragraph, or provision of this Agreement shall be considered severable, and if,
for any reason, any section, paragraph, or provision herein is determined to be invalid
under current or future law, regulation, or rule, such invalidity shall not impair the
operation of or otherwise affect the valid portions of this Agreement.
7.4 Amendments to Agreement. Modifications to this Agreement must be agreed to in
writing.
Article 8.0 Rights.
8.1 Authority. The LOCAL GOVERNMENT shall have no authority to act for or on
behalf of the STATE or NCTCOG. No other authority, power, use, or joint enterprise is
granted or implied. The LOCAL GOVERNMENT may not incur any debts, obligations,
expenses, or liabilities of any kind on behalf of the STATE or NCTCOG.
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
8.2 Assignment. Without the prior written consent of the STATE or NCTCOG, the
LOCAL GOVERNMENT may not transfer or assign any rights or duties under or any
interest in this Agreement.
8.3 Access. The LOCAL GOVERNMENT shall permit the STATE and/or NCTCOG, and
their designee's access to the property at reasonable times during the time of
performance. NCTCOG will notify the LOCAL GOVERNMENT of a desire to access the
property and arrangements will be made as needed.
8.4 Right of Way. Except for right of way owned by the STATE or to be acquired by the
STATE according to the plans of the project as approved by the STATE, the LOCAL
GOVERNMENT shall acquire all necessary right of way needed for the PROJECT.
Right of Way acquisition is an eligible cost for reimbursement provided such cost is
approved as shown in Attachment B.
8.5 Maintenance. The LOCAL GOVERNMENT agrees to construct, own (or secure
appropriate perpetual easement to protect the project from future activities of
landowners), operate (as applicable), and maintain all facilities developed or improved
pursuant to this Agreement. The STATE and NCTCOG shall in no way be responsible
for the maintenance of the PROJECT.
Article 9.0 Audits or Evaluations.
9.1 The LOCAL GOVERNMENT shall provide to the STATE and NCTCOG, for its
review, a copy of any audit received as a result of LOCAL GOVERNMENT policy or
audits of federal and State governments relating to the expenditure of grant funds. Such
audits shall include or be accompanied by any applicable audit management letter
issued and applicable responses to the auditor's findings and recommendations. All
audits shall be submitted to the STATE and NCTCOG within thirty (30) days of receipt of
each issued report.
9.2 The STATE and NCTCOG reserves the right to conduct financial and program
monitoring of all awards to the LOCAL GOVERNMENT and to perform an audit of all
records, related to this Agreement including but not limited to: contractor, developer,
and/or other consultant Agreements related to the PROJECT. An audit by NCTCOG
may encompass an examination of all financial transactions, all accounts and reports, as
well as an evaluation of compliance with the terms and conditions of this Agreement.
9.3 STATE Audit. Within one hundred and twenty (120) days of completion of the
PROJECT, the LOCAL GOVERNMENT shall perform an audit on PROJECT costs. Any
funds due to STATE will be promptly paid by the LOCAL GOVERNMENT.
The State auditor may conduct an audit or investigation of any entity receiving funds
from the STATE directly under the Agreement or indirectly through a subcontract under
the Agreement. Acceptance of funds directly under the Agreement or indirectly through
a subcontract under this Agreement acts as acceptance of the authority of the State
auditor, under the direction of the legislative audit committee, to conduct an audit or
Page 7 of 18
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the State auditor with access to any information the State
auditor considers relevant to the investigation or audit.
Article 10.0 Payments.
10.1 Conditions of Reimbursement. At regular milestones, but not more frequently
than monthly, the STATE shall reimburse the LOCAL GOVERNMENT for eligible cost
related to the PROJECT up to eighty (80) percent or $2,240,040 after review and
recommendation from NCTCOG. The LOCAL GOVERNMENT shall provide
reimbursement request to NCTCOG for costs and expenses incurred in connection with
the PROJECT. Each reimbursement request shall include:
• an invoice from the LOCAL GOVERNMENT detailing cost incurred
• progress reports
• copies of contractor and supplier invoices who support the PROJECT
• proof of payment to contractors and suppliers who support the PROJECT
• certification of activities as provided for in Article 10.2
• other documentation requested by NCTCOG
NCTCOG may deem a request for reimbursement incomplete if the data and/or
documentation are incomplete or improper or if the LOCAL GOVERNMENT fails to
submit necessary reports or provide other information requested by NCTCOG or the
STATE under the terms of this Agreement. NCTCOG may reject request for
reimbursements which fail to demonstrate that costs are eligible for reimbursement
and/or which fail to conform to the requirements of this Agreement.
Final reimbursement shall not be made until the LOCAL GOVERNMENT provides a
Closeout report for PROJECT activities as defined in Article 11.3 of this Agreement.
10.2 Certifications. The LOCAL GOVERNMENT shall implement the PROJECT using
the LOCAL GOVERNMENT's established design standards, construction specifications,
procurement processes, and construction management and inspection procedures. As
part of any reimbursement request, the LOCAL GOVERNMENT shall certify to the
STATE and NCTCOG the project has followed all standards and procedures previously
established by the LOCAL GOVERNMENT's governing body. Upon request, the LOCAL
GOVERNMENT shall make available documentation to support performance reports
including but not limited to: insurance certificates, performance or payment bonds,
required licenses and permits, and reports submitted by contractors and/or the
Developer(s).
10.3 Retainage. The LOCAL GOVERNMENT shall receive reimbursement from the
STATE in the amount of costs claimed and certified on each invoice, subject to approval
of claimed costs by NCTCOG less ten (10) percent retainage up to $280,005.
10.4 Ineligible Expenses. Funds obligated under this Agreement shall only be used for
construction aspects of the PROJECT. The LOCAL GOVERNMENT will not be
reimbursed for ineligible expenses which include but are not limited to: construction or
Page 8 of 18
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
rehabilitation of private buildings, artwork, fountains, installation and/or rehabilitation
and/or relocation of water and sewer lines, burying and/or relocating utilities, parking
garages, local roads that provide no connection to the main transportation network,
earthwork necessary to raise proposed buildings out of the floodplain, roadway
reconstruction, and other items not directly related to mobility. Expenditures such as
staffing, maintenance of improvements, design and/or construction management fees,
legal fees, permitting, platting, travel, vehicles, lobbying, land acquisition unassociated
with transportation improvements and/or land acquisition of condemned properties,
advertising, billboards, consumables, and any other non-construction activities
inconsistent with the intent of the Sustainable Development program are not eligible.
10.5 Eligible Expenses. Costs must be determined to be the reasonable, necessary,
actual, and eligible costs of conducting an approved activity in accordance with the
PROJECT to be eligible for reimbursement as provided for in the approved in the Article
11.1 Supporting Documentation.
10.6 STATE Reimbursement. Reimbursement of expenditures related to this
Agreement may begin no earlier than thirty (30) days after execution of this Agreement.
The STATE will reimburse the LOCAL GOVERNMENT for expenditures in RTC
approved cost categories, as detailed in Attachment B, upon review and
recommendation by NCTCOG to the STATE that expenditures are eligible and
necessary. The STATE shall pay the LOCAL GOVERNMENT within thirty (30) days of
receiving NCTCOG's payment recommendation.
10.7 Cost Overruns. The LOCAL GOVERNMENT agrees to keep project cost within the
approved PROJECT BUDGET and shall not be eligible for reimbursement of any cost
overruns. Cost overruns are the sole responsibility of the LOCAL GOVERNMENT. The
STATE and/or NCTCOG are not responsible for any costs other than as outlined herein.
10.8 Cost Underruns. Cost underruns may not be used for additional Scope activities
without prior written consent of NCTCOG.
10.9 Availability of Funds. This Agreement and all claims, suits, or obligations arising
under or related to this Agreement are subject to and limited to the receipt and
availability of funding. If funding is not available due to a default, this Agreement shall
terminate.
Article 11.0 Reporting Requirements. All reports identified in this section shall be provided to
NCTCOG in a format approved by NCTCOG.
11.1 The LOCAL GOVERNMENT shall provide a list of Supporting Documentation for
the PROJECT and OVERALL PROJECT at agreed upon Phases throughout the
PROJECT. The Phases provided for and approved by NCTCOG in this document will
determine the milestones at which the LOCAL GOVERNMENT will receive
reimbursement and items eligible for reimbursement. This Supporting Documentation
shall be received prior to issuance of a Pre-Award Authorization or a Notice to Proceed
and at a minimum should include:
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
• supporting schedules
• project description
• project budget/reimbursable items
• site plans and parcel maps
• appraisal data
• infrastructure improvement illustrations
• details of right of way to be acquired, each with parcel information, photos, and
maps (if applicable)
• project photos, each with directional notations
• private development phasing, acreage, and units
11.2 Milestone and Invoice Reporting. The LOCAL GOVERNMENT shall provide
written progress reports of its actions under this Agreement at milestones as agreed
upon in the Supporting Documentation identified in Article 11.1. Each progress report
shall at a minimum include:
• any actions relative to the PROJECT during the current phase
• percentage of work complete
• activities of work complete
• all approved project modifications
• updated photos, each with directional notations
• identification of work delays
• actions taken to mitigate delays
• status of the schedule and budget
Milestone reports shall be included with each invoice submittal and sent to NCTCOG.
11.3 Closeout Report. The LOCAL GOVERNMENT shall prepare a closeout report to
document actual project costs, final program activities of the PROJECT, and
documentation of significant progress towards OVERALL PROJECT completion by
evidence of a building permit or other approved document, to NCTCOG. This report
shall be provided to NCTCOG no later than sixty (60) days from the completion of the
PROJECT. Payment of the retainage is contingent upon completion of the closeout
report.
11.4 OVERALL PROJECT Closeout. The LOCAL GOVERNMENT shall prepare a
status report to update activities on the OVERALL PROJECT no later than three (3)
years after execution of this Agreement.
12.0 Assurances.
12.1 Interest of Public Officials. No member, officer, or employee of the public body or
of a local public body during his tenure or for one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof.
12.2 Noncollusion. The LOCAL GOVERNMENT warrants that it has not employed or
retained any company or person, other than a bona fide employee working for it, to
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
solicit or secure this Agreement, and that it has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift or any other consideration contingent upon or resulting from the
award or making of this Agreement. If the LOCAL GOVERNMENT breaches or violates
this warranty, the STATE and/or NCTCOG shall have the right to annul this Agreement
without liability or, in its discretion, to deduct from the Agreement price or consideration,
or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or
contingent fee.
12.3 Debarment/Suspension. The LOCAL GOVERNMENT is prohibited from making
any award or permitting any award at any tier to any party which is debarred or
suspended or otherwise excluded from or ineligible for participation in federal assistance
programs under Executive Order 12549, Debarment and Suspension. The LOCAL
GOVERNMENT and its subcontractors shall include a statement of compliance with
Federal and State Debarment and suspension regulations in all Third-party contracts.
The LOCAL GOVERNMENT shall notify NCTCOG if the LOCAL GOVERNMENT or any
of the LOCAL GOVERNMENT's contractors becomes debarred or suspended during the
performance of this Agreement. Debarment or suspension of the LOCAL
GOVERNMENT or any of the LOCAL GOVERNMENT's contractors may result in
immediate termination of this Agreement.
12.4 Restrictions on Lobbying. The LOCAL GOVERNMENT is prohibited from using
funds awarded under this Agreement for lobbying purposes. The LOCAL
GOVERNMENT shall include a statement of compliance with this provision in applicable
procurement solicitations and Third-Party contracts.
12.5 Disadvantaged Business Enterprise. It is the policy of the STATE and NCTCOG
to maximize opportunities for Disadvantaged Business Enterprises to participate in the
performance of contracts financed in whole or in part with federal funds under this
Agreement. The LOCAL GOVERNMENT agrees to ensure that DBE's have the
maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with federal funds under this Agreement. Upon request, the
LOCAL GOVERNMENT shall report DBE participation.
12.6 Compliance with Regulations- Environmental Review and Public Involvement.
Each party shall comply with all federal, State, and local laws, statues, ordinances, rules
and regulations, and the orders and decrees of any courts, administrative bodies or
tribunals affecting the performance of this Agreement as applicable to it. The LOCAL
GOVERNMENT shall ensure that the PROJECT complies with all environmental review
and public involvement requirements applicable to the LOCAL GOVERNMENT under
State and federal law in connection with the PROJECT. The LOCAL GOVERNMENT
shall obtain the opinion of legal counsel showing the LOCAL GOVERNMENT's
environmental review and public involvement for the PROJECT complies with State law
and regulations, and with local laws, regulations, rules, policies, and procedures
applicable to the LOCAL GOVERNMENT. The LOCAL GOVERNMENT shall maintain a
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
copy of the certification in the project files. When required, the LOCAL GOVERNMENT
shall furnish the STATE and NCTCOG with satisfactory proof of compliance.
Article 13.0 Miscellaneous Provisions.
13.1 Responsibilities of Parties.
a. The STATE, LOCAL GOVERNMENT, and NCTCOG agree that neither party
is an agent, servant, or employee of the other party and each party agrees it is
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.
b. To the extent permitted by law, the LOCAL GOVERNMENT agrees to
indemnify and save harmless the STATE and NCTCOG, its agents and employees from
all suits, actions or claims and from all liability and damages resulting from any and all
injuries or damages sustained by any person or property in consequence of any neglect,
error, or omission in the performance of the design, construction, maintenance or
operation of the PROJECT by the LOCAL GOVERNMENT, its contract(s),
subcontract(s), agents and employees, and from any claims or amounts arising or
recovered under the "Worker's Compensation laws"; the Texas tort Claims Act, Chapter
101, Texas Civil Practice and Remedies Code; or any other applicable laws or
regulations, all as from time to time may be amended.
c. The Parties expressly agree that the PROJECT is not a joint venture or
enterprise. However, if a court should find that the Parties are engaged in a joint venture
or enterprise, then the LOCAL GOVERNMENT, to the extent provided by law, agrees to
pay any liability adjudicated against the STATE for acts and deeds of the LOCAL
GOVERNMENT, its employees or agents during the performance of the PROJECT.
d. To the extent provided by law, the LOCAL GOVERNMENT shall also
indemnify and save harmless the STATE and NCTCOG from any and all expenses,
including, but not limited to, attorney's fees which may be incurred by the STATE in
litigation or otherwise resisting said claim or liabilities which may be imposed on the
STATE as a result of such activities by the LOCAL GOVERNMENT, its agents, or
employees.
13.2 Force Majeure. It is expressly understood and agreed by the parties to this
Agreement that, if the performance of any provision of this Agreement is delayed by
force majeure, defined as reason of war, civil commotion, act of God, governmental
restriction, regulation or interference, fire, explosion, hurricane, flood, failure of
transportation, court injunction, or any circumstances which are reasonably beyond the
control of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to any of
those enumerated herein, the party so obligated or permitted shall be excused from
doing or performing the same during such period of delay, so that the period of time
applicable to such requirement shall be extended for a period of time equal to the period
of time such party was delayed. Each party must inform the other in writing within
reasonable time of the existence of such force majeure.
13.3 Contractual Relationship. It is understood and agreed that the relationship
described in this Agreement between the parties is contractual in nature and is not to be
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
construed to create a partnership of joint venture or agency relationship between the
parties. Nor shall any party be liable for any debts incurred by the other party in the
conduct of such other party's business or functions.
13.4 Insurance. If this Agreement authorizes the LOCAL GOVERNMENT or its
contractors to perform any work on State right of way, before beginning work the entity
performing the work shall provide the STATE with a fully executed copy of the State's
Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts
and types specified on the Certificate of insurance for all persons and entities working on
State right of way. This coverage shall be maintained until all work on the State right of
way is complete. If coverage is not maintained, all work on State right of way shall
cease immediately, and the State may recover damages and all costs of completing the
work.
13.5 Procurement and Contracting Process. The STATE and NCTCOG may review
the LOCAL GOVERNMENT's procurement of professional services for professional
services for engineering, surveying, right of way acquisition, letting of construction
contracts, and construction management and inspection. The LOCAL GOVERNMENT
shall certify compliance with State law and regulations, and with local laws, regulations,
rules, policies, and procedures. Copies of these certifications must be maintained in the
PROJECT files and made available upon request.
13.6 Utilities. The LOCAL GOVERNMENT shall be responsible for the adjustment,
removal, or relocation of utility facilities in accordance with State laws and regulations
and local laws, regulations, rules, policies, and procedures application to the LOCAL
GOVERNMENT. The LOCAL GOVERNMENT must obtain advance approval for any
variance from established procedures. This Agreement may not cover cost associated
with utility relocation, if any reimbursement is deemed eligible the utility must have a
property right as shown in a recorded deed or easement.
13.7 Disputes and Remedies. The LOCAL GOVERNMENT and NCTCOG shall
negotiate in good faith toward resolving any disputes that arise under this Agreement.
The Agreement shall not be considered as specifying an exclusive remedy for a breach
of the Agreement. All remedies existing at law or in equity are available to either party
and are cumulative.
13.8 Records and Project Documents. All records must be maintained for a minimum
of four (4) years after PROJECT closeout. In the event that any litigation or claim is still
pending before the expiration of the four-year period, these records shall be retained
until resolution of the litigation or claim. This section shall not be interpreted to require
maintenance of multiple exact duplicate copies of any record or document.
NCTCOG, STATE, and their duly authorized agents shall have reasonable access to all
records that are directly applicable to this Agreement for the purpose of making audit(s)
examinations.
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CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
Upon completion or termination of this Agreement, all documents prepared by the STATE
shall remain the property of the STATE. All data prepared under this Agreement by the
LOCAL GOVERNMENT shall be made available to the STATE and NCTCOG without
restriction or limitation on their further use. All documents produced or approved or
otherwise created by the LOCAL GOVERNMENT shall be transmitted to the STATE in the
form of photocopy reproduction as required by the STATE. The originals shall remain the
property of the LOCAL GOVERNMENT. At the request of the STATE or NCTCOG, the
LOCAL GOVERNMENT shall submit any information required by the STATE or NCTCOG
in the format directed by the STATE or NCTCOG.
13.9 Confidentiality. The LOCAL GOVERNMENT, NCTCOG, and the STATE shall
ensure that all information, both written and verbal, deemed confidential by law that is
obtained through implementation of the PROJECT will remain confidential, subject to the
Texas Public Information Act.
13.10 Gratuities. Any person doing business with or who, reasonably speaking, may do
business with NCTCOG under this Agreement, may not make any offer of benefits, gifts
or favors to employees of NCTCOG. Failure on the part of the LOCAL GOVERNMENT
to adhere to this policy may result in termination of this Agreement.
13.11 Equal Employment Opportunity. The LOCAL GOVERNMENT shall not
discriminate against any employee or applicant for employment because of race,
religion, color, sex, or national origin. The LOCAL GOVERNMENT shall take affirmative
action's to ensure that applicants are employed, and that employees are treated, during
their employment, without regard to their race, religion, color, sex, or national origin.
Such actions shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship.
13.12 Nondiscrimination on the Basis of Disability. The LOCAL GOVERNMENT
agrees that no otherwise qualified disabled person shall, solely by reason of his
disability, be excluded from participation in, be denied the benefits of, or otherwise be
subject to discrimination under the project. The LOCAL GOVERNMENT shall insure
that all fixed facility construction or alteration and all new equipment included in the
project comply with applicable regulations regarding Nondiscrimination on the Basis of
Disability in Programs and Activities Receiving or Benefiting from Federal Financial
Assistance, set forth in 49 CFR, Part 27 and any amendments thereto.
13.13 Title VI. The LOCAL GOVERNMENT shall work cooperatively with NCTCOG to
implement appropriate PROJECT activities to address environmental justice in minority
and low-income populations, and to address needs from persons with limited English
proficiency.
13.14 Drug Free Workplace. The LOCAL GOVERNMENT shall establish a drug-free
workplace in accordance with the Drug-Free Workplace Act.
Page 14 of 18
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
13.15 Compliance with Texas Accessibility Standards and ADA. The LOCAL
GOVERNMENT shall ensure the plans for and the construction of the PROJECT is in
compliance with the Texas Accessibility Standards (TAS) issued by the Texas
Department of Licensing and Regulation, under the Architectural Barriers Act, Article
9102, Texas Civil Statues.
13.16 Signatory Warranty. The signatories to this Agreement warrant that each has
the authority to enter into this Agreement on behalf of the party they represent.
Attachments
The following appendices are attached and made part of this Agreement.
A. Project Location Map
B. Scope of Work and Payment Provisions
Page 15 of 18
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
IN WITNESS HEREOF, the parties have executed this Agreement in triplicate originals.
The LOCAL GOVERNMENT
City of North Richland Hills
By Date
Mark Hindman
City Manager
The NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
By Date
Mike Eastland
Executive Director
The STATE
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By Date
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Page 16 of 18
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
Attachment A
Project Map
Snider Street Extension Project
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Page 17 of 18
CSJ: 0902-48-960
Project Name: Snider Street Extension Project
District 02- Fort Worth
Code Chart 64# 30500 and 61920
Funding Category: RTR (SH 161 Subaccount)
ATTACHMENT B
SCOPE OF WORK AND PROJECT BUDGET
The STATE will pay $2,240,040 from the 161 RTR-TC1 Subaccount for City of North Richland
Hills Snider Street Extension Sustainable Development Infrastructure Project to construct
pedestrian amenities, landscaping, traffic signalization, and street construction to support the
Snider Street Extension Mixed Use Development. The project is located on Snider Street,
Northeast Parkway and Davis Boulevard. It is bound by Main Street on the South; Northeast
Parkway on the North; and Davis Boulevard on the East. The project deliverables are
pedestrian amenities, landscaping, traffic signalization, and street construction to extend Snider
Street North to connect to Northeast Parkway and Northeast Parkway West to connect to
connect to Snider Street and sidewalks and pedestrian amenities on Davis Boulevard between
Northeast Parkway and Main Street.
"In accordance with the allocation of funds approved by the RTC, and concurred with by the
Texas Transportation Commission, the State will make the payments for the following work 30
days after recommendation from NCTCOG, but not prior to the Fiscal Years shown:"
RIGHT OF WAY AND CONSTRUCTION COSTS
Regional Toll
Revenue (RTR)
Total Tarrant County
Fiscal Estimate Account 1- 161 Local Government
Year Cost Subaccount Funds Participation
Description Participation
Right of Way 2013 $0.00 80% $0.00 20% $0.00
Engineering (Design
capped at 10%) 2013 $254,550 80% $203,640 20% $50,910
Construction 2014 $2,545,500 80% $2,036,400 20% $509,100
TOTAL $2,800,050 80% $2,240,040 20% $560,010
The LOCAL GOVERNMENT shall be responsible for a required local match of$560,010.
Upon completion of the PROJECT, NCTCOG will issue a signed "Notification of Completion"
document to the STATE. The notice shall certify that the PROJECT has been completed, all
necessary inspections have been conducted, and the PROJECT is open to traffic.
This is an estimate only; final participation amounts will be based on actual charges to the
project.
Page 18 of 18
?g1kH
NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Approve a professional services contract with Dunaway Associates
for the Snider Street Extension Project in the amount of$222,568.00.
PRESENTER: Mike Curtis, Managing Director Development Services
SUMMARY:
The City Council is being asked to approve a professional services agreement with
Dunaway Associates for the design of the Snider Street Extension Project (ST1102) in
the Smithfield Transit Oriented Development (TOD) area.
GENERAL DESCRIPTION:
Snider Street is a designated new transit oriented development street running north of
Main Street as part of the approved Smithfield TOD. Snider Street is proposed to
extend northward and turn east into Davis Boulevard at the intersection with Northeast
Parkway. In keeping with TOD design criteria, Snider Street will have wide sidewalks,
street tree plantings and other pedestrian features. The project will also include the
design of a traffic signal at Northeast Parkway and Davis Boulevard. There is sufficient
funding in the current Capital budget for the design.
Dunaway Associates is a local full-service civil engineering and landscape architecture
firm. They have successfully designed other projects for the City, most recently
including Adventure World for the Parks Department, and the Lynda Court street
reconstruction.
RECOMMENDATION:
Approve the professional services contract with Dunaway Associates in the amount of
$222,568.00.
Snider Street Extension Project
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AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF NORTH RICHLAND HILLS
AND
DUNAWAY ASSOCIATES, L.P.
I.
This Agreement is executed by and between the City of North Richland Hills, a
municipal corporation located in Tarrant County, Texas, acting by and through Mark
Hindman, its duly authorized City Manager (hereinafter called "CITY"), and Dunaway
Associates L.P., a Texas corporation, acting by and through Tom Galbreath, A.S.L.A.,
R.L.A; its duly authorized Principal (hereinafter called "ENGINEER").
WITNESSETH, that CITY desires professional engineering services in connection
with the Snider Street Paving and Drainage Improvements.
NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
II. PROJECT
In this Agreement, the "PROJECT" means the engineering design of the Snider
Street Paving and Drainage Improvements from Main Street to Davis Boulevard in
accordance with the Public Works Design Manual, applicable CITY codes, regulations
and standards.
III. BASIC AGREEMENT
ENGINEER is an independent contractor and undertakes and agrees to perform
professional engineering services in connection with the PROJECT, as stated in the
sections to follow. It is understood and agreed that ENGINEER is not and will not by
virtue of this contract be deemed to be an agent or employee of CITY and that CITY will
not be entitled to direct the performance by ENGINEER's employees or subcontractors
of the tasks contemplated by this contract. All engineering services shall be performed
with diligence and in accordance with professional standards customarily obtained for
such services in the State of Texas. For rendering such services CITY agrees to pay
ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation".
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 1 of 26
IV. SCOPE OF ENGINEER'S SERVICES
ENGINEER shall render the professional services necessary for development of the
PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as
detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto
and incorporated herein for all purposes. ENGINEER shall be responsible, to the level
of competency presently maintained by other practicing professional engineers in the
same type of work in the Dallas/Fort Worth Metroplex area, for professional and
technical soundness, accuracy, and adequacy of all designs, drawings, specifications,
and other work and materials furnished under this Agreement.
V. SPECIAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Special Engineering Services as indicated in
Exhibit C: "Special Engineering Services", attached hereto and made a part of this
Agreement.
VI. ADDITIONAL ENGINEERING SERVICES
Additional Engineering Services are defined in Exhibit D: "Additional Engineering
Services", attached hereto and made a part of this Agreement. No Additional
Engineering Services are authorized unless authorization for specified additional
services are provided to ENGINEER by CITY in writing and approved by CITY.
VII. SCOPE OF CITY SERVICES
The City will furnish items and perform those services as identified in Exhibit E:
"Services to be provided by the City", attached hereto and made a part of this
Agreement.
VIII. COMPENSATION
A. In consideration of the services described herein, CITY shall pay and ENGINEER
shall receive compensation in accordance with Exhibit F: "Compensation".
B. Total payments including without limitation salary and reimbursable expenses, to
ENGINEER by CITY for the services stated in Section IV and Section V above
shall not exceed Two Hundred Twenty-Two Thousand Five Hundred Sixty-
Eight Dollars ($222,568.00).
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 2 of 25
C. CITY may authorize additional services to be provided by ENGINEER as
mutually agreed upon by the parties. Any authorization for additional services
shall be given to ENGINEER by CITY in writing and approved by CITY.
D. CITY and ENGINEER understand that the variables in ENGINEER's cost of
performance may fluctuate. The parties agree that any fluctuation in
ENGINEER's costs will in no way alter ENGINEER's obligations under this
Agreement nor excuse performance or delay on ENGINEER's part.
IX. OWNERSHIP OF DOCUMENTS
All completed or partially completed evaluations, reports, surveys, designs, drawings
and specifications prepared or developed by ENGINEER under this Agreement,
including any original drawings, computer disks, mylars or blue lines, shall become the
property of CITY when the Agreement is concluded or terminated, and may be used by
CITY in any manner it desires; provided, however, that ENGINEER shall not be liable
for the use of such drawings for any project other than the PROJECT described in this
Agreement.
X. INDEMNITY
ENGINEER AND ITS SUBCONSULTANTS SHALL INDEMNIFY AND HOLD CITY
AND ALL OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES
HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSES, ON
ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO
ANY AND ALL PERSONS, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS
OR EMPLOYEES OF ENGINEER OR ITS SUBCONSULTANTS, AND ALL OTHER
PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS,
WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR, OR OMISSION IN
THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES OR IN THE
PREPARATION OF EVALUATIONS, REPORTS, SURVEYS, DESIGNS, WORKING
DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS
INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE
THEREWITH; ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR
OTHER PROCEEDINGS BROUGHT AGAINST CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES OR ANY OF THEM ON ACCOUNT OF THE
FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS OR OMISSIONS, AND
SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAYBE
INCURRED BY OR RENDERED AGAINST CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES OR ANY OF THEM, IN CONNECTION WITH THE
FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS, OR OMISSIONS;
PROVIDED AND EXCEPT HOWEVER, THAT THIS INDEMNIFICATION PROVISION
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 3 of 26
SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR
HOLD CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES
HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON
ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS CAUSED BY
DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION
FURNISHED TO ENGINEER BY CITY, OR ANY DEVIATION IN CONSTRUCTION
FROM ENGINEER'S DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR
OTHER ENGINEERING DOCUMENTS.
Approval by CITY of contract documents shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees
and subconsultants, for the accuracy and competency of the services performed under
this Agreement, including but not limited to evaluations, reports, surveys, designs,
working drawings and specifications, and other engineering documents. Approval by
CITY shall not be deemed to be an assumption of such responsibility and liability by
CITY for any error, omission, defect, deficiency or negligence in the performance of
ENGINEER's professional services or in the preparation of the evaluations, reports,
surveys, designs, working drawings and specifications or other engineering documents
by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of
the parties that approval by CITY signifies CITY's approval of only the general design
concept of the improvements to be constructed.
XI. INSURANCE
For the duration of this Agreement, ENGINEER shall maintain the following
minimum public liability and property damage insurance which shall protect ENGINEER,
its subcontractors, its subconsultants and CITY from claims for injuries, including
accidental death, as well as from claims for property damage which may arise from the
performance of work under this Agreement. ENGINEER shall provide a Certificate of
Insurance verifying that the following minimum limits of coverage are provided:
A. Worker's Compensation Insurance:
Statutory requirements ($ 300,000 minimum)
B. Comprehensive General Liability and Bodily Injury:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 4 of 26
C. Comprehensive Automobile Liability:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
D. Professional Liability:
Errors and Omissions $ 1,000,000
The Certificate of Insurance shall contain a provision that such insurance cannot be
canceled or modified without thirty (30) days prior written notice to CITY.
XII. ARBITRATION
No arbitration arising out of or relating to this Agreement shall occur without both
parties' written approval.
XIII. TERMINATION AND SUSPENSION
A. CITY may terminate this Agreement at any time for convenience or for any cause
by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate
this Agreement in the event the other party fails to perform in accordance with
the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall
immediately discontinue all services and work and the placing of all orders or the
entering into contracts for supplies, assistance, facilities, and materials, in
connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall
pay ENGINEER a reasonable amount for services performed prior to such
termination, which payment shall be based upon the payroll cost of employees
engaged on the work by ENGINEER up to the date of termination of this
Agreement and for subcontract and reproduction in accordance with the method
of compensation stated in Section VIII: "Compensation" hereof. In the event of
termination, the amount paid shall not exceed the amount appropriate for the
percentage of work completed.
XIV. SUCCESSORS AND ASSIGNS
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party of this Agreement and to the successors,
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 5 of 26
executors, administrators and assigns of such other party in respect to all covenants of
this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or
transfer its interest in this Agreement without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or
agent of CITY.
XV. AUTHORIZATION, PROGRESS, AND COMPLETION
CITY and ENGINEER agree that the PROJECT is planned to be completed in
accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a
part hereof. ENGINEER shall employ manpower and other resources and use
professional skill and diligence to meet the schedule; however, ENGINEER shall not be
responsible for schedule delays resulting from conditions beyond ENGINEER's control.
With mutual agreement, CITY and ENGINEER may modify the Project Schedule during
the course of the PROJECT and if such modifications affect ENGINEER's
compensation, it shall be modified accordingly, subject to City Council approval.
For Additional Engineering Services, the authorization by CITY shall be in writing
and shall include the definition of the services to be provided, the schedule for
commencing and completing the services and the basis for compensation as agreed
upon by CITY and ENGINEER.
It is understood that this Agreement contemplates the full and complete Engineering
services for this PROJECT including any and all services necessary to complete the
work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein
shall be construed as authorizing additional fees for services to provide complete
services necessary for the successful completion of this PROJECT.
XVI. SUBCONTRACTS
ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of
the services to be performed by ENGINEER under this Agreement.
XVII. RIGHT TO AUDIT
ENGINEER agrees that CITY shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy
any directly pertinent books, design calculations, quantity take-offs, documents, papers
and records of ENGINEER involving transactions relating to this Agreement.
ENGINEER agrees that CITY shall have access during normal working hours to all
necessary ENGINEER facilities and shall be provided adequate and appropriate work
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DDNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 6 of 26
space in order to conduct audits in compliance with the provisions of this section. CITY
shall give ENGINEER reasonable advance notice of intended audits.
ENGINEER further agrees to include in all its subconsultant agreements hereunder
a provision to the effect that the subconsultant agrees that CITY shall, until the
expiration of three (3) years after final payment under the subcontract, have access to
and the right to examine and photocopy any directly pertinent books, design
calculations, quantity take-offs, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that CITY shall have access
during normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article. CITY shall give subconsultant reasonable advance notice of
intended audits.
XVIII. EXHIBITS
Both parties agree to the following exhibits and as such, the following exhibits are
made a part of this Agreement:
Exhibit "A" Project Schedule
Exhibit "B" Basic Engineering Services
Exhibit "C Special Engineering Services
Exhibit "D" Additional Engineering Services
Exhibit "E" Services to be provided by the City
Exhibit "F" Compensation
Exhibit "G Form 1295
XIX. MISCELLANEOUS
A. Authorization to Proceed. Signing this Agreement shall be construed as
authorization by CITY for ENGINEER to proceed with the work, unless otherwise
provided for in the authorization.
B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER
against the other to enforce any of the obligations hereunder or arising out of any
dispute concerning the terms and conditions of this Agreement, the prevailing
party in any litigation between the parties to this agreement shall be entitled to
reasonable attorney fees.
C. Notices. Any notice or correspondence required under this Agreement shall be
sent by certified mail, return receipt requested, or by personal delivery and shall
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DDNAWAV ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 7 of 26
be effective upon receipt, if addressed to the party receiving the notice or
correspondence at the following address:
If to ENGINEER:
Dunaway Associates, L.P.
Attn: Daniel Tremper, P.E.
550 Bailey Ave, Suite 400
Fort Worth, Texas 76107
If to CITY:
City of North Richland Hills
Attn: Ms. Caroline Waggoner, P.E.
Public Works & Engineering Department
4301 City Point Drive
North Richland Hills, Texas 76180
D. Independent Contractor. ENGINEER shall perform services hereunder as an
independent contractor, and not as an officer, agent, servant or employee of the
CITY and ENGINEER shall have the exclusive right to control services performed
hereunder by ENGINEER, and all persons performing same, and shall be
responsible for the negligent acts and omissions of its officers, agents,
employees, and subconsultants. Nothing herewith shall be construed as creating
a partnership or joint venture between CITY and ENGINEER, its officers, agents,
employees and subconsultants; and the doctrine of respondent superior has no
application as between CITY and ENGINEER.
E. Venue. This Agreement shall be governed by the laws of the State of Texas,
and venue in any proceeding relating to this Agreement shall be in Tarrant
County, Texas.
F. Entire Agreement. This Agreement represents the entire and integrated
agreement between CITY and ENGINEER and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both CITY and ENGINEER.
G. Severability. If any provision in this Agreement shall be held illegal by a valid
final judgment of a court of competent jurisdiction, the remaining provisions shall
remain valid and enforceable.
H. Assignment. CITY and ENGINEER each bind themselves, their heirs,
successors and assigns, to the other party to this Agreement and to the
successors and assigns of each other party in respect to all covenants of this
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 8 of 26
Agreement. This Agreement is not to be assigned, sublet or transferred, in whole
or in part, by either CITY or ENGINEER without the prior written consent of the
other party.
I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it
has made full disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including personal financial interests, direct or indirect, in
property abutting the PROJECT and business relationships with abutting
property owners. ENGINEER further warrants that it will make disclosure in
writing of any conflicts of interest which develop subsequent to the signing of this
Agreement and prior to final payment under this Agreement.
This Agreement is executed in two (2) counterparts.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this
the day of 2016.
CITY OF NORTH RICHLAND HILLS DUNAWAY ASSOCIATES, L.P.
(CITY) (ENGINEER)
By: By:
Mark Hindman, City Manager Tom Galbreath, President
Date: Date:
ATTEST: ATTEST:
City Secretary Notary Public in and for the State of
Texas
Type or Print Notary's Name
My Commission Expires:
CITY SEAL CORPORATE SEAL
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 9 of 26
EXHIBIT A
PROJECT SCHEDULE
FOR
SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS
(Main Street to Davis Boulevard)
PROJECT SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
Activity Due Date
Notice To Proceed from City September 12, 2016
Submit 30% Roadway Schematic/Layout October 10, 2016
Receive City Review Comments October 21, 2016
Submit 60% Plans November 18, 2016
Receive City Review Comments December 5, 2016
Submit 95% Plans February 17, 2017
Receive Final City Review Comments March 3, 2017
Submit Final Plans for Bid March 24, 2017
Advertise for Construction Bids April 7, 2017
Open Construction Bids May 5, 2017
Begin Construction June 12, 2017
Note: Due dates shown are submittal dates of task activities listed.
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 10 of 26
EXHIBIT B
BASIC ENGINEERING SERVICES
FOR
SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS
(Main Street to Davis Boulevard)
The scope of work for BASIC Engineering Services involves Preliminary and Final
Design, Project Plans, Specifications and Estimates on Roadway, Storm Drainage,
Traffic Signal, Street Lighting, Landscaping and Irrigation services.
I. GENERAL
A. Design Meetings — The ENGINEER will meet with the CITY's staff during the
development of the schematic, preliminary and final plan phases of the
PROJECT.
B. Project Management, Administration and Coordination
1. The ENGINEER will establish and maintain PROJECT schedules and
budgets, develop monthly progress reports, prepare invoices, and meet with
other entities on an as needed basis for the duration of the PROJECT's
design.
2. Supervision of Subconsultants — The ENGINEER will establish a work
program and schedule for each subconsultant at the beginning of each
phase/section of the PROJECT. The ENGINEER will be responsible for the
coordination, supervision, review and incorporation of work performed by
subconsultants.
C. Data Collection
1. The ENGINEER will collect, compile and evaluate existing data collected
from the CITY, or other entities that supply needed existing information for
the design of the PROJECT.
2. A location map/schematic will be provided to the affected utility companies.
These schematics will be used by the utility companies to show approximate
locations of their facilities which are or may be affected by the PROJECT.
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3. The ENGINEER will make every effort to obtain As-Built Drawings, Record
Drawings and/or future plans for the following facilities in the PROJECT area
including:
- Roadway
- Water Lines
- Sanitary Sewer Lines
- Storm Drain Lines
- Telecommunication Underground and/or Overhead Lines
- Electric Underground and/or Overhead Lines
- Gas Lines
- Other Utilities Known to Serve the PROJECT Area
Plot the preliminary information obtained above for later use in the field to
help surveyors tie existing utility locations. The locations of utilities tied from
field surveys will be shown on the paving and drainage plans.
4. The ENGINEER will identify potential utility conflicts and provide this
information to utility companies.
II. SCHEMATIC DESIGN PHASE
A. The ENGINEER will receive approval of the schematic for Snider Street as part
of the site planning and DRC Process for the Smithfield Station development via
City review process and will complete the following:
1. Attend concept review meeting with City and Developer at City Hall.
2. Provide schematic design scroll plot exhibit for review with City staff.
3. Provide opinion of probable construction (OPCC) costs to the City.
III. PRELIMINARY DESIGN PHASE
A. Roadway Design
1. The ENGINEER will develop a preliminary design of proposed roadway
improvements. The preliminary design will include the proposed horizontal
and vertical alignments. These plan sheets will be at a 1" = 20' scale and
contain topographic information, proposed right-of-way lines, locations of
driveways and parking stalls, typical sections, roadway baselines, pavement
edges, contours where necessary, limits of structures, limits of retaining
walls, if any, drainage structures including pipes, limits of sidewalks, limits of
barriers and any other information necessary for pavement construction.
Profiles at V = 20' horizontal scale and 1 " = 4' vertical scale will contain
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existing ground lines at the proposed profile grade line, limits of structures
and profile elevations at 100' intervals. Upon completion, the preliminary
design will be submitted to the CITY for review. The preliminary design must
be approved by the CITY prior to the start of the final design phase.
2. The ENGINEER will prepare cross-sections along roadways at minimum 50'
intervals and will extend 10' beyond the proposed right-of-way. These
cross-sections will form the basis for the determination of earthwork
quantities. Earthwork quantities will be completed as part of the private
development project grading and scope.
B. Other Roadway Design Elements
1. A Project Title Sheet will be prepared as required and included in the Plans.
2. Roadway typical sections will be prepared for Snider Street.
3. Roadway horizontal and vertical control and horizontal curve data will be
shown on the plans.
4. Sidewalk locations and widths will be shown on the plans.
5. Supplementary intersection layout information will be prepared to properly
show the relationship between the profiles of intersecting streets, where
deemed necessary by the ENGINEER.
6. Miscellaneous paving details will be developed as necessary to describe
various types of construction such as sidewalks, curbs, etc. when no such
CITY standard details are available.
C. Drainage Plans and Details
1. Drainage area maps will be prepared at a minimum scale of 1" = 200', using
available contour maps. Inlets will be located and sub-drainage areas
determined. The runoff to each inlet will be calculated in accordance with
City drainage criteria.
2. Culvert Plans/Profiles sheets and cross-sections, if necessary, will be
provided for new culvert construction.
3. Storm Sewer plan and profile sheets will be prepared. These sheets will
show the location of inlets, manholes, storm sewers, slotted drains, culverts,
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and open channel improvements in relation to the PROJECT's roadways.
Profiles will show profile information for the proposed storm sewer trunk
lines, proposed ground above the storm sewers, existing ground above the
storm sewers, and locations of lateral junctions. Profiles will be provided for
all laterals on a separate sheet. Computation sheets will be prepared for
storm sewers, culverts, slotted drains and inlets.
4. Miscellaneous drainage details will be prepared for any drainage related
items which are not covered by City standard details.
D. Miscellaneous Plans and Details
1. Water plan will be prepared with the Smithfield Station private development
and referenced on the paving plan sheets.
2. Sanitary sewer plan and profile sheets will be prepared with the Smithfield
Station private development and referenced on the paving plan sheets.
3. Construction plans will also address demolition, erosion control, traffic control
(including detours, road closures, signing, barricading, etc.), pavement
markings, signage, necessary water and sanitary sewer adjustments and all
other improvements.
E. Quantities and Cost Estimate
1. PROJECT quantities will be calculated and tabulated for inclusion in the bid
proposal and cost estimates.
2. The ENGINEER's opinion of probable construction costs will be prepared for
the entire PROJECT using current unit cost data.
F. Submit Preliminary Plans for Review
1. Submit two (2) sets of preliminary plans for CITY review.
2. Submit plans to utility companies for review.
IV. FINAL DESIGN PHASE
A. Prepare Final Design Plans — Incorporate CITY review comments and directives
from the preliminary design plans, in the preparation of final construction plans.
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B. Calculate Final Quantities and Cost Estimates— Revise the preliminary quantities
and opinion of probable costs per changes in the final design and CITY review
comments.
C. Prepare Contract Documents and Specifications
1. Compile special provisions necessary for the PROJECT.
2. Compile specifications necessary for the PROJECT. Any special
specifications will also be prepared. The CITY will provide a copy of their
contract documents in digital format.
3. Compile and develop a list of general notes necessary for the PROJECT.
4. Prepare complete contract documents and specifications for bidding
purposes.
D. Submit final plans, specifications, and cost estimates for CITY review
1. Submit two (2) sets of final bid documents for CITY review and approval.
2. Submit detailed drawings and plans/specifications to appropriate regulatory
agency(ies) and utility companies and obtain clearance.
E. Permitting
1. The ENGINEER shall prepare applications to the Texas Department of
Licensing and Review (TDLR) for code review of sidewalks and ramps. After
construction the ENGINEER shall notify TDLR of completion date.
ENGINEER shall address any questions or issues by TDLR as a result of
review and inspection by City inspector. TDLR review and inspection fees
are included in this proposal.
2. The ENGINEER shall submit driveway and traffic signal plans to TxDOT,
address comments, and obtain all approvals necessary from TxDOT to
construct proposed signal improvements. One combined TxDOT permit will
be prepared for the proposed signalized intersection at Snider Street and
Davis Blvd in conjunction with the other proposed private driveway
connection to Davis Blvd as part of the Smithfield Station development.
V. CONSTRUCTION PHASE
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A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall
bear the cost of advertisement. The ENGINEER shall provide all necessary
printing of construction plans, specifications and contract documents for use in
obtaining bids, awarding contracts, and constructing the PROJECT. The
ENGINEER shall be responsible for dispersing all plans and specifications from
its office to prospective bidders.
B. The ENGINEER shall generate addenda as needed.
C. The ENGINEER shall attend a pre-bid meeting.
D. Assist the CITY in the opening and tabulation of the construction bids for the
PROJECT and provide a written Contractor recommendation to the CITY.
E. Assist in the preparation of formal Contract Documents and in coordinating their
execution by the respective parties.
F. The ENGINEER shall attend a pre-construction meeting.
G. Represent the CITY in the non-resident administration of the PROJECT. In this
capacity, the ENGINEER shall have the authority to exercise whatever rights the
CITY may have to disapprove work and materials that fail to conform to the
Contract Documents when such failures are brought to the ENGINEER's
attention. (This function of ENGINEER shall not be construed as supervision of
the PROJECT and does not include on-site activities other than occasional site
visits to observe overall PROJECT conditions or when specifically requested by
CITY to visit on site for a particular matter. It particularly does not involve
exhaustive or continuous on-site inspection to check the quality or quantity of the
work or material; nor does it place any responsibility on the ENGINEER for the
techniques and sequences of construction or the safety precaution incident
thereto, and ENGINEER will not be responsible or liable in any degree for the
Contractor's failure to perform the construction work in accordance with the
Contract Documents.)
H. Consult and advise the CITY; issue such instructions to the Contractor as in the
judgment of the ENGINEER are necessary; and prepare routine change orders
as required.
I. Review samples, catalog data, schedules, shop drawings, laboratory, shop and
mill tests of material and equipment and other data which the Contractor is
required to submit, only for conformance with the design concept of the
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PROJECT and compliance with the information given by the Contract
Documents; and assemble written guarantees which are required by the Contract
Documents.
J. Prepare or review monthly and final estimates for payments to Contractor, and
furnish to the CITY any necessary certifications provided by the Contractor, as to
payments to subcontractors and suppliers.
K. Conduct, in company with the Contractor, a final inspection of the PROJECT for
conformance with the design concept of the PROJECT and compliance with the
Contract Documents; and approve in writing final payment to the Contractors.
L. Revise contract drawings, with the assistance of the CITY's Resident PROJECT
Representative to reflect available information as to how the work was
constructed. The CITY's Resident PROJECT Representative will provide the
ENGINEER a red-lined set of drawings depicting changes during construction.
The ENGINEER shall revise original design drawings, noting changes during
construction, and submit three (3) sets of Record Drawings and one CD-ROM
(pdf and dwg format) to the CITY.
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EXHIBIT C
SPECIAL ENGINEERING SERVICES
FOR
SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS
(Main Street to Davis Boulevard)
The scope of work for SPECIAL Engineering Services involves T.D.L.R. (Texas
Department of Licensing and Regulation) application, review and inspections of all
flatwork on the project. The scope of work for the Special Engineering Services is more
generally described as follows:
I. T.D.L.R. Review and Inspections — The ENGINEER shall prepare applications to
the Texas Department of Licensing and Regulation for code review of sidewalks and
ramps. After construction the ENGINEER shall notify T.D.L.R. of completion date.
ENGINEER shall address any questions or issues by T.D.L.R. as a result of review
and inspection by City inspector. T.D.L.R. application, review, and inspection fees
are included in this proposal.
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EXHIBIT D
ADDITIONAL ENGINEERING SERVICES
FOR
SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS
(Main Street to Davis Boulevard)
I. Engineer shall prepare traffic signal plans for the Davis Boulevard (FM 1938) at
Snider Street intersection. Since Davis Boulevard is a TxDOT roadway, the
traffic signal will be designed to TxDOT standards and specifications. Prior to
starting design, Engineer will arrange and setup a joint meeting with TxDOT
and City of North Richland Hills to discuss design parameters. The Engineer
shall prepare the following items to be included in the overall set of construction
plans for bidding purposes:
a. Existing Conditions Layout — showing utility lines, illumination, signs,
markings and any removals.
b. Traffic Signal Design Layout (Davis Blvd. intersection) — showing existing
utilities (utility poles, street lights, storm drains, fire hydrants, etc.),
permanent traffic signal poles and mast arms, pedestrian signal poles,
push buttons, controller cabinet assemblies, signal heads, street lights,
detector loops or other detectors, conduit, ground boxes, power sources
with distribution to signal service, communications connections, wiring
diagrams, signal phasing plan, and Opticom equipment.
c. Traffic Signal Summary Sheet — showing conduit and cable chart, pole
summary chart, phasing sequence, pole details, pole locations diagram,
and all other items required for the complete construction of the signals.
d. Miscellaneous Signal Details — showing details pertinent to the
construction of the traffic signal.
e. City of North Richland Hills and TxDOT traffic signal standard detail
sheets.
f. Engineer shall prepare quantities for inclusion in the bid proposal and
cost estimate.
g. Engineer shall develop the general notes as related to the traffic signal
for inclusion in the overall general notes for the project.
II. Street Light Plans and Details
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a) Engineer shall prepare street light plans for the Snider Road from Main
Street to Davis Boulevard. Prior to starting design, Engineer will
arrange and setup a meeting with City of North Richland Hills to
discuss design parameters. The Engineer shall prepare the following
items to be included in the overall set of construction plans for bidding
purposes:
(i) Street Light Design Layout— showing existing and proposed utilities
(utility poles, street lights, storm drains, fire hydrants, etc.) street
lights, conduit, ground boxes, location of power source with
distribution to street lights. As part of the design effort, the
Engineer will be cross-coordinated to match the Smithfield Station
private development plans.
(ii) Street Light Summary Sheet — showing conduit and cable chart,
pole/luminaire summary chart, and all other items required for the
complete construction of the street lights.
(iii)Miscellaneous Street Light Details — showing details pertinent to the
construction of the street lights.
(iv)City of North Richland Hills street light standard detail sheets.
(b) Engineer shall prepare quantities for inclusion in the bid proposal and
cost estimate.
(c) Engineer shall develop the general notes as related to the street lights
for inclusion in the overall general notes for the project.
III. Landscaping and irrigation plans will be prepared for Snider Street and will be
cross-coordinated to match with the Smithfield Station private development
plans.
IV. ADDITIONAL Engineering Services, not included in the scope of work, include
those services that may result from significant changes in the general scope,
extent or character of the PROJECT or its design including, but not limited to,
changes in size, complexity, CITY'S schedule, character of construction or
method of financing; and revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies, reports or documents, or are
due to any other causes beyond ENGINEER's control.
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V. ADDITIONAL Engineering Services not included in the scope of work, also
include assistance to the CITY in connection with bid protests, rebidding or
renegotiating contracts for construction, materials, equipment or service, or
preparing to serve or serving as a consultant or witness for CITY in any
litigation, arbitration or other legal proceeding involving the PROJECT.
VI. ADDITIONAL Engineering Services not included in the Scope of Work, also
include design of any offsite trails or sidewalks related to the future Railroad
Station to be constructed by others.
VII. ADDITIONAL Engineering Services not included in the Scope of Work, also
include addressing any TxDOT review comments related to the onsite public
improvements. Only improvements directly at the Davis Blvd street
connections and signal are included as part of the permitting process.
VIII. ADDITIONAL Engineering services in connection with the PROJECT, including
services which are to be furnished by the CITY and services not otherwise
provided for in this Agreement will be at the following rates:
Staff Member and Resident Project Representative - Salary Cost Times Multiplier of
3.25.
Salary Cost is defined as the cost of payroll of ENGINEER's, draftsmen,
stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to
the PROJECT, plus social security contributions, unemployment compensation
insurance, retirement benefits, medical and insurance benefits, longevity payments,
sick leave, vacation and holiday pay applicable thereto.
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EXHIBIT E
SERVICES TO BE PROVIDED BY THE CITY
FOR
SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS
(Main Street to Davis Boulevard)
The CITY will provide the following services to the ENGINEER in the performance of the
PROJECT upon request:
I. Provide any existing data the CITY has on file concerning the PROJECT, if
available.
II. Provide any available As-Built plans for existing streets and drainage facilities, if
available.
III. Provide any available As-Built plans for existing water and sanitary sewer mains, if
available.
IV. Assist the ENGINEER, as necessary, in obtaining any required data and information
from TxDOT and/or other local utility companies.
V. Provide standard details and specifications in digital format.
VI. Assist the ENGINEER by requiring appropriate utility companies to expose
underground utilities within the Right-Of-Way, when required.
VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise
becomes aware of any development that affects the scope or timing of the
ENGINEER's services.
VIII. Provide final T.D.L.R. construction inspections for Snider Street.
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EXHIBIT F
COMPENSATION
FOR
SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS
(Main Street to Davis Boulevard)
I. COMPENSATION
For and in consideration of the services to be rendered by the ENGINEER, the CITY
shall pay, and the ENGINEER shall receive the compensation hereinafter set forth
for the Design and Construction Phases of the work and additionally for Special
Engineering Services and/or Additional Engineering Services that are in addition to
the Basic Engineering Services. All remittances by CITY of such compensation shall
either be mailed or delivered to the ENGINEER's home office as identified in the
work authorization.
"Salary Cost" used herein is defined as the cost of salaries of ENGINEER's,
draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly
chargeable to the PROJECT plus social security contributions, unemployment,
excise and payroll taxes, employment compensation insurance, retirement benefits,
medical insurance benefits, sick leave, vacation, and holiday pay applicable thereto.
A. Compensation for the Basic Engineering Services (Design and Bid phases) shall
be a lump sum fee of $136,255.00, and Construction Phase services will be
completed for an hourly not to exceed fee of $15,030.
The Design phase portion of the Basic Engineering Services shall be computed
at 90% of the total Basic Services Charge; and the Construction phase portion of
the Basic Engineering Services shall be computed at 10% of the total Basic
Engineering Services Charge.
Payment for the Design phase portion of the Basic Engineering Services shall be
due in monthly installments in the proportion to that part of the services in the
Design phase which have been accomplished. Final payment for services
authorized in the Design phase shall be due at the completion of these services.
Payment for the Construction phase of the Basic Engineering Services shall be
hourly and shall only be paid for efforts worked on this phase of the project.
B. Compensation for Special Engineering Services not covered by the Basic
Engineering Services provided herein above shall be as follows:
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Snider Street Paving and Drainage Improvements (610 712 01 6) Page 23 of 26
Design Surveys: None — Separate contract.
Geotechnical Design and Report: None — Separate contract.
TDLR Application, Review and Inspections: Lump Sum Fee of $1,678.00
C. Compensation for Additional Engineering Services not covered by Basic
Engineering Services or Special Engineering Services provided herein shall be
as follows:
Traffic Signal Design: Lump Sum Fee of $24,070.00
Lighting Design: Lump Sum Fee of $13,900.00
Landscape, Hardscape and Irrigation (TOD): Lump Sum Fee of$19,970.00
TxDOT Permit Preparation and Submittals: Lump Sum Fee of$7,420.00
Design of 1,225 LF of 6-foot sidewalk along the west side of Davis Blvd from N.E.
Parkway to Main Street. Does not include any franchise utility coordination
efforts that may be required: Lump Sum Fee of$4,245.00
For all direct non-labor and/or subcontract expense, including mileage, travel and
living expenses at invoice or internal office cost times a multiplier of 1.10.
Payments to the ENGINEER for authorized Additional Engineering Services will
be due monthly, upon presentation of monthly statement by the ENGINEER for
such services.
II. AUDIT AND SCOPE CHANGE
Cost budgets are set forth above and are subject to the audit provisions of this
Agreement, Section XVII: "Right to Audit". It is also understood that the cost
budgets are based upon ENGINEER's best estimate of work and level of effort
required for the proposed scope of services. As the PROJECT progresses, it is
possible that the level of effort and/or scope may differ up or down from that
assumed. If there are no scope changes, the ENGINEER shall receive the full
amount of lump sum and unit price fees, regardless of the cost. If at any time it
appears that the cost budget may be exceeded, the ENGINEER shall notify the
CITY as soon as possible in writing.
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Snider Street Paving and Drainage Improvements (610 712 01 6) Page 24 of 26
If there is a scope change, the ENGINEER shall notify the CITY as soon as possible
in writing and shall include a revised scope of services, estimated cost, revised fee
schedule, and a revised time of completion. Upon negotiation and agreement via a
signed amendment by both parties, the cost budget, fee schedule, and total budget
will be adjusted accordingly.
CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess
of the cost budget. The ENGINEER shall not be obligated to perform on any change
in scope of work or otherwise incur costs unless and until the CITY has notified the
ENGINEER in writing that the total budget for Engineering Services has been
increased and shall have specified in such notice a revised total budget which shall
thereupon constitute a total budget for Engineering Services for performance under
this Agreement.
A detailed scope of work, total budget, and schedule will be prepared by the
ENGINEER and executed by the CITY if the ENGINEER is authorized to perform
any Additional Engineering Service(s).
III. PAYMENT
Payments to the ENGINEER will be made as follows:
A. Invoice and Time of Payment
Monthly invoices will be issued by the ENGINEER for all work performed under
this Agreement. Invoices are due and payable on receipt. Invoices will be
prepared in a format approved by the CITY prior to submission of the first
monthly invoice. Once approved, the CITY agrees not to require changes in the
invoice format, but reserves the right to audit. Monthly payment of the fee will be
in proportion to the percent completion of the total work (as indicated in Exhibit B:
"Basic Engineering Services").
Upon completion of services enumerated in Exhibit B: "Scope of Basic
Engineering Services", the final payment of any balance will be due upon receipt
of the final invoice.
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Snider Street Paving and Drainage Improvements (610 712 01 6) Page 25 of 26
EXHIBIT G
FORM 1295
FOR
SNIDER STREET PAVING AND DRAINAGE IMPROVEMENTS
(Main Street to Davis Boulevard)
[Form 1295 is submitted as the following page]
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DUNAWAY ASSOCIATES,L.P.
Snider Street Paving and Drainage Improvements (610 712 01 6) Page 26 of 26
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2, 3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-39074
Dunaway Associates, L.P.
Fort Worth, TX United States Date Filed:
2 Name of governmental entity or state agency that Is a party tot the contract for which the form is 0411212016
being filed.
City of North Richland Hills Date Acknowledged:
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 goods or services to be provided under the contract.
P002608.001
Paving and utility improvements for the proposed Snider Street extension project. Snider Street will be a public project and will
extend through the proposed Smithfield Station development
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Galbreath, Tom Fort Worth,TX United States X
Wilde, Chris Fort Worth,TX United States X
Williamson,Jason Fort Worth,TX United States X
Eubanks, Ross Austin, TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT
SMU I swear,or affirm,under penal t nor I ove disclosure is true and correct.
/
Notary p
....,
8x ras:10403.2018
Signatur(Not authorized agent of contracting business entity
AFFIX NOTARY STAMP!SEAL ABOVE
Sworn to and subscribed before me,by the said tl?�. this the 4 day of ', tA.
20 to certify which,witness my hand and seal of office.
Signatu 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 V1.0.645
?g1kH
NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Consider Ordinance No. 3426, abandoning a utility easement in the
Hewitt Estates Addition.
PRESENTER: Mike Curtis, Managing Director
SUMMARY:
The City Council is being asked to approve an ordinance abandoning a utility easement
in the former Mabell Street right-of-way, Hewitt Estates Addition.
GENERAL DESCRIPTION:
The northernmost portion of Mabell Street was abandoned by ordinance in 1985 when it
became clear that a roadway connection from North Forty to Hewitt was not desired.
The ordinance allowed for continued easements for existing utilities within the former
Mabell ROW. Now over thirty years later, and with no utilities present at this location,
the landowner desires to abandon the residual utility easement so that they can
optimize their buildable area.
RECOMMENDATION:
Approve Ordinance No. 3426 and the associated quitclaim deed.
Hewitt Estates Easement Abandonment
Vicinity Map
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ORDINANCE NO. 3426
AN ORDINANCE ABANDONING A PUBLIC UTILITYEASEMENT ON
PROPERTY LOCATED IN THE HEWITT ESTATES ADDITION IN THE
CITY OF NORTH RICHLAND HILLS; DECLARING THAT SUCH
EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC;
PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution and Chapter 9 of the Local Government Code;
and
WHEREAS, on or about June 10, 1985, the City of North Richland Hills abandoned the
Mabell Street right-of-way but left a residual Utility Easement ("the
Easement') to the City by Ordinance No. 1230, which ordinance is filed in
DRTCT Volume 8226, Page 73 , Tarrant County, Texas; and
WHEREAS, the City Council of the City of North Richland Hills, after careful study and
consideration, has determined that a portion of the residual Utility
Easement is not being used by the public, is not useful or convenient to the
public in general, and that the public would be better served and benefited
by its vacation and abandonment.
WHEREAS, in order to remove any question as to the continued interest
in the easements, the City desires to execute a quitclaim deed releasing
and assigning all title and control in said easement to the owner of the fee
estate on which the easement is located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
Section 1: THAT the above and foregoing recitals are true and correct and are
incorporated herein and made a part hereof for all purposes.
Section 2: A portion of the utility easement located on Lot 1, Block 1, Hewitt Estates
Addition to the City of North Richland Hills, Tarrant County, Texas, which
easement is described in an instrument recorded in DRTCT Volume 8226,
Page 73, Tarrant County, Texas and depicted on Exhibits"A" and `B" hereto
is hereby abandoned and discontinued.
Section 3: The Mayor of the City of North Richland Hills, Texas, is hereby authorized
and empowered to execute a quitclaim deed releasing all claims to title,
ownership, or control of the above-described easements to the current
owner of the fee estate on which the easement is located.
Section 4: After the quitclaim deed is executed, the City Secretary is authorized and
instructed to file it in the deed records of Tarrant County, Texas.
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: This Ordinance shall be in full force and effect from and its passage, and it
so ordained.
PASSED AND APPROVED this 12th day of September, 2016.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
Approved as to content:
Mike Curtis, Managing Director
Approved as to form and legality:
City Attorney
EXHIBIT
EASEMENT ABANDONMENT
METES AND BOUNDS DESCRIPTION
4,495 SQUARE FEET IN THE
J.McCOMAS SURVEY,A-1202
NORTH RICHLAND HILLS, TARRANT COUNTY,TEXAS
All that certain 4,495 square feet of land, which is the east half of Mabell Street right-of-way
(measured 60.58' fight-of-way), as described in Ordinance Number 1230, of the Public Records
of ']'arrant County, Texas in the J. McComas SLITVOY, A-1040, City of North
Richland Hills, `]`arrant County, Texas and more particularly described by metes and bounds as
follows: (all bearings shown hercon are based on the plat of said Hewitt Estates, recorded in
Volume 388-0, Page 311,P,R.T.C.T)
BEGINNING at a 5/8" iron rod found for the northeast corner of the herein described right-of-
way, common to the northwest corner of Lot 1, Block 1, of said Hewitt Estates, in the South
right-of-way line of Buck Street (60' R.O.W);
,rHENCE South 000 1 V00" East 148.40' (called 150') along the west line of said I.An 1, Block
1, 1 fewitt Estates, to a wood fence corner, being the southeast corner of the herein described
right-of-way;
THENCE North 89' 54' 00" West -- 30.29' to a 1/2" iron rod with cap stamped "SPRY 5647"
found for the southwest comer of the herein described right-of-way, being in The centerline of
said Mabel] Street;
THENCE', North 000 11' 0011 Fast — 148.40' (called 150') to a 1/2" iron rod with cap stamped
"SPRY 5647" found for the northwest corner of the herein described right-of-way, in the south
right-of-way line of said Buck Street, from with a 1/2" iron rod found bears South 890 54' 00"
West — 30,29% found f6t be northeast corner of a tract of land conveyed to Kenneth and Doris
Wilson, recorded in Volume 4004, Page 123,P.R.T.C.T.;
THENCE South 890 54' 00" East 30.29' along the south rigbt-of'way line of said Buck Street
to the POINI Ol� BEGINNING arid containing 4,495 square feet of land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED IN CONJUNCTION WITH
THE SURVEY PREPARED BY SPRY SURVEYORS, HEREBY REFERENCED AS
EXHIBIT B. THIS METES AND BOUNDS DESCRIPTION IS EXHIBIT A.
SPRY (4,1, SURVEYORS OF
Project Number 023-087-50 , Issue Date:August,41 2016 01
Certificate Date:April 20,2016• Finn Reg No. 10112000 • ......
8241 Mid-Cities Blvd,,Suite 100 North Richland ffills,TX 76 t WAD CARLSON LVAS
Phon e 817-776-4049 , ernail sp 7
Sra4 David Lewis
R.P.L.S. NO. 5647
EXHIBIT B
EASEMENT ABANDONMENT
BUCK STREET
(60' R.0.W)
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HLWUH SWEET
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LOT 1, OLOCK 4 HEVArT ESTAiE:S
z MOCOMAS SUBDIVISION VOL 388-165, PG. 45
VOL, 3EP-90, FU. 58 /,, P.R.T.C.1.
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11 ro �w` Graphic Scale in feet
MC 1, BLOCK 4
a
VOL,COMA5 SUBDIVISION (� 'lo' 60'
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4,495 SQUARE FEET
I aBrnfy that the sl,rYey Wag mode ari the EASEMENT ABANDONMENT
rtA✓t/ E y" ground, tint thlc plot :orf ur rapreuont0 the ..
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feet,,, eaMbd at the time OT RRryey. PORTION OF MABELL STREET
DAVID"CAfIL�ONaa�(� I,n",
IN THE J. McCONAe SURVEY A 1040
Six
000 oopgo�o CITY OF NORTH
R.I.C..HLAND HAS,_TARRANT COUNTY TEXAS
r3 J4)
ISSUE DA If: 8/4/2016 CALF 7" 30' PROJECT NO.. 023-08 7--50 0
SPRY SURVEYORS
"o.
8241 Mid Cities Blvd., Suite 100• North Richland Hills, TO 76182
oApril 20 2016 "Y'/i Ph 817 776 4049 • spry @sprysurVoyors.corn . www.BprysurVeyars.com
CERTIFICATE DATE DAVID CARLTON LEWIS, RPLS. N0. 5647 Arm Reg. No, 10112000
QUITCLAIM DEED
STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of North Richland Hills, County of Tarrant, State
of Texas, after careful study and consideration, has determined that a portion of the
easement shown and described in Exhibits A and B attached hereto and incorporated
herein and filed in DRTCT Volume 8226, Page 73, Tarrant County, Texas is not being
used by, nor useful or convenient to the public in general; therefore, said easement
constitutes a public charge without a corresponding public benefit, and the public would
be better served and benefited by its partial vacation and abandonment.
Therefore, for and in consideration of the above findings and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
City of North Richland Hills ("Grantor"), does hereby bargain, sell, release, vacate,
abandon and forever quitclaim unto Stephen and Tracy Preskenis ("Grantee"), and its
successors and assigns, all of Grantor's right, title, and interest, if any, in and to the
following described real property situated in Tarrant County, Texas, to wit:
The property shown and described on Exhibits A and B attached hereto
and incorporated herein, such property also being a portion of a utility
easement filed of record at Volume 8226, Page 73 of the Deed Records of
Tarrant County, Texas.
Grantor conveys all of its right, title and interest, if any, in and to the above
described real property unto the said Grantee, its heirs and assigns forever, so that
neither Grantor nor its successors or assigns shall have, claim of demand any right or
title to the aforesaid property.
Executed this the 121h day of September, 2016.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared Oscar
Trevino, Mayor of the City of North Richland Hills, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of 12016.
Notary Public in and for the State of Texas
My Commission expires:
Return to:
City Secretary
City North Richland Hills
4301 City Pointe Drive
North Richland Hills, Texas 76180
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Setting Monday, September 19, 2016 at 6:00 P.M. as the date and
time for a third Tax Rate Public Hearing.
PRESENTER: Mark Mills, Budget Director
SUMMARY:
Council is requested to set the date for a third public hearing on the proposed tax rate of
61 cents per $100 of taxable valuation Monday, September 19, 2016 at 6:00 P.M.
GENERAL DESCRIPTION:
At the Budget Work Session, a tax rate of 61¢ per $100 of taxable valuation was
proposed. This is the same as the currently adopted tax rate of 610.
Per Section 26.05(d) of the Tax Code, the City Council cannot adopt a tax rate that
exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings
have been held on that tax rate. The proposed tax rate exceeds the effective tax rate of
58.3909¢ but remains below the rollback rate. As a result, the city of North Richland Hills
was required to conduct two public hearings on the tax rate. The proposed dates for
these public hearings were Monday, August 22, 2016 and Monday, September 12, 2016,
each to be held at the City of North Richland Hills City Hall.
In order to provide sufficient opportunity for public comment, staff recommends adding a
third public hearing on Monday, September 19, 2016.
RECOMMENDATION:
Vote to set Monday, September 19, 2016 at 6:00 P.M. as the date and time for a third
public hearing on the proposed 61 cents per $100 of taxable valuation.
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City DATE: September 12, 2016
Manager
SUBJECT: Consider Resolution No. 2016-025, adopting City investment policy
and strategy.
PRESENTER: Kent Austin, Director of Finance
SUMMARY:
The Public Funds Investment Act (PFIA) requires the City Council to review and adopt
by official action the City's investment policy and strategy each year.
GENERAL DESCRIPTION:
The City is required by the PFIA to review and renew the City's investment policy and
strategy at least annually. The City invests only in high quality, short term instruments
with maturities no longer than five years and a weighted average maturity no longer
than three years. The City makes extensive use of investment pools (TexPool,
TexSTAR, LOGIC, and TexasTerm) for overnight liquidity. Aside from these pools, the
City's investment portfolio is managed by PFM Asset Management, LLC (PFM).
For 2016, staff proposes only one minor change in the City's investment policy. In
keeping with changes to the PFIA in 2015, the change would reduce the amount of
PFIA training hours for investment officers from ten hours every two years to eight hours
every two years (Section III.C.):
"In accordance with the Public Funds Investment Act, all authorized Investment
Officers shall attend an investment training session not less than once each state
fiscal biennium and shall receive not less than ten eight hours of instruction relating
to investment responsibilities."
A page describing the 2015 PFIA changes is attached. The City has three investment
officers subject to the training requirement: the Director of Finance, Assistant Director of
Finance, and Accounting Supervisor.
RECOMMENDATION:
Approve Resolution No. 2016-025.
2015 PFIA Legislative Changes
Two Legislative bills were passed that will impact the Texas Public Funds Investment Act 2256 effective
September 1, 2015:
1113 870
Reduces the amount of Public Funds Investment Act (Chapter 2256.008, Texas Government Code)
training hours for city and school district finance and investment officers from ten hours every two years
to eight hours every two years. City and school district finance and investment officers must still initially
receive ten hours of training within 12 months after taking office or assuming investment duties.
Effective September 1, 2015.
H B 1148
Provides that a city finance or investment officer must take only the initial 10 hour training under the
Public Funds Investment Act (Chapter 2256.008,Texas Government Code) but no continuing investment
training if the city: (1) does not invest city funds; or(2) only deposits city funds in interest-bearing
deposit accounts or certificates of deposit. Effective September 1, 2015.
Since the phrase "does not invest city funds" is not defined in the bill, any city finance or investment
officer desiring to forgo investment training under this bill may want to provide a definition of this
phrase in the city's approved investment policy, which is still a requirement under the Public Funds
Investment Act.
Additionally, it is recommended that any city finance or investment officer desiring to forgo investment
training under this bill may want to confirm the applicability of the training hour changes with their local
attorney/auditor.
RESOLUTION NO. 2016-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, ADOPTING THE CITY OF
NORTH RICHLAND HILLS' INVESTMENT POLICY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City previously adopted an investment policy pursuant to the
Public Funds Investment Act; and
WHEREAS, The Public Funds Investment Act requires each governmental entity
review its investment policy not less than annually; and
WHEREAS, the City Council of the City of North Richland Hills desires to provide
an investment policy for the investment of funds held by the City of North
Richland Hills in a manner providing security of principle and liquidity; and
WHEREAS, the investment policy of the City of North Richland Hills shall
address investment diversification, yield and maturity requirements, the quality
and capability of investment management, and shall provide limitations,
strategies, specifications and methods for all investments of the City; and
WHEREAS, pursuant to Section 2256.005(a) of the Texas Government Code a
municipality engaging in investing funds shall adopt by resolution its written
investment policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS THAT:
SECTION 1. That the City of North Richland Hills hereby adopts an amended
City of North Richland Hills' Investment Policy, a copy of which is
attached as Exhibit "A". This policy is adopted in accordance with
the provisions of Chapter 2256 of the Texas Government Code.
SECTION 2. This resolution shall become effective immediately upon passage.
Page] oft
PASSED AND APPROVED this the 12th day of September, 2016.
CITY OF NORTH RICHLAND HILLS,
TEXAS
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Cara Leahy White, Asst. City Attorney
Page 2 of 2
CITY OF NORTH RICHLAND HILLS
INVESTMENT POLICY
September 12, 2016
TABLE OF CONTENTS
Page
Preface 1
I. Purpose and Objectives 3
II. Scope 5
III. Responsibility and Control 6
IV. Investment Committee 8
V. Suitable and Authorized Investments 9
VI. Investment Parameters 12
VII. Investment Procedures 13
VIII. Custodial Credit Risk Management 15
IX. Arbitrage 18
X. Depositories 18
XI. Investment Policy Adoption 19
" it"
PREFACE
"A public office is a public trust."
Charles Sumner, 1872
If a public office is a public trust, then the trust must be administered properly. Public funds
are acquired by governments largely through involuntary payments, particularly through
taxation. In a modern democratic society, public officials are obligated to manage these
funds in a disciplined manner.
In most cases, laws govern the investment process. Laws alone however cannot compel
public officials to a series of actions that assure the public's best interests. The actions of
public officials responsible for investing public funds must be guided by knowledge, skills,
systems, policies, procedures and confidence that can be described only as professional
discipline.
It is the policy of the City of North Richland Hills that, giving due regard to safety and risk
of investments, all available funds shall be invested in conformance with these legal and
administrative guidelines, and, to the maximum extent possible, at the highest rates
obtainable at the time of the investment.
Effective cash management is recognized as essential to good fiscal management. An
aggressive cash management and investment policy will be pursued to take advantage of
investment interest as viable and material revenue to all operating and capital funds.
Investment income will be used in a manner that will best serve the interest of the City of
North Richland Hills.
The City's portfolio shall be designed and managed in a manner responsive to the public
trust and consistent with state and local law.
1
1�i ��H
2
I. PURPOSE AND OBJECTIVES
A. Purpose
The purpose of this document is to set forth the specific investment policy and
strategy guidelines for the City of North Richland Hills. All investment activity shall
be consistent with Texas law as defined in Government Code 10, Chapter 2256,
known as the Public Funds Investment Act (the Act), and local law.
- safety of investments and City funds
- preservation of capital and protection of principal
- maintenance of sufficient liquidity to meet operating needs
- diversification of investments to avoid unreasonable risks
- public trust from prudent investment activities
- optimization of investment income for the City's portfolio
The City is required under the Public Funds Investment Act, Section 5, to adopt a
formal written Investment Policy regarding the investment of its funds and funds
under its control. This policy is to be adopted annually to meet the requirements of
the Act, and has been revised periodically to comply with updated state
requirements. The City of North Richland Hills' Ordinance Number 2079 states
that all investment activities and procedures shall be governed by a written
Investment Policy. The Investment Policy addresses the methods, procedures,
and practices that must be exercised to ensure the effective and judicious
management of the City's funds.
B. Objectives
The City shall manage and invest its cash with four primary objectives, listed in the
order of priority: safety, liquidity, public trust, and yield, expressed as optimization
of investment income. The safety of the principal invested always remains the
primary objective. All investments shall be designed and managed in a manner
responsive to the public trust and consistent with state and local law.
An aggressive cash management program and investment policy will be pursued
by the Investment Officer to take advantage of investment interest as viable and
material revenue to all operating and capital funds. Cash management is defined
as the process of managing monies in order to ensure maximum cash availability
and maximum investment income on short-term investments of idle cash. The
City's portfolio shall be designed and managed in a manner responsive to the
public trust. Income from investments will be used in a manner that will best serve
the interests of the City of North Richland Hills.
1. Safety
Safety of invested principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to ensure
the preservation of capital in the overall portfolio. The objective will be to
mitigate credit and interest rate risk.
a. Credit Risk and Concentration of Credit Risk
3
The City will minimize credit risk, the risk of loss due to the failure of the
issuer or backer of the investment, and concentration of credit risk, the
risk of loss attributed to the magnitude of investment in a single issuer,
by:
(1) Limiting investments to the safest types of investments,
(2) Pre-qualifying the financial institutions and broker/dealers with which
the City will do business, and
(3) Diversifying the investment portfolio to minimize potential losses on
individual issuers.
b. Interest Rate Risk
The City will manage the risk that the investment income and the market
value of investments in the portfolio will fall due to changes in the general
interest rates by:
(1) Structuring the investment portfolio so that investments mature to
meet cash requirements for ongoing operations. From time to time,
securities may be purchased at a premium or traded for other
securities to improve yield, maturity or credit risk. For these
transactions, a loss may be incurred for accounting purposes to
achieve optimal investment return, provided any of the following
occurs with respect to the replacement security:
A. The yield has been increased, or
B. The maturity has been reduced or lengthened, or
C. The quality of the investment has been improved.
(2) Investing operating funds primarily in certificates of deposit, shorter-
term securities, money market mutual funds, or local government
investment pools functioning as money market mutual funds,
(3) Diversifying maturities and staggering purchase dates to minimize
the impact of market movements over time, and
(4) Limiting the maximum weighted average maturity of the investment
portfolio to 3 years.
2. Liquidity
The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated. This is accomplished by
structuring the portfolio so that investments mature concurrent with cash needs
to meet anticipated demands. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market
mutual funds or local government investment pools that offer same-day
liquidity.
4
3. Public Trust
All participants in the City's investment process shall seek to act responsibly as
custodians of the public trust. Investment officers shall avoid any transaction
that might impair public trust in the City's ability to govern effectively.
4. Yield (Optimization of Investment Income)
The investment portfolio shall be designed with the objective of attaining a
market rate of return throughout budgetary and economic cycles, taking into
account the investment risk constraints and liquidity needs. Return on
investment is of secondary importance compared to the safety and liquidity
objectives described above.
II. SCOPE
This investment policy applies to all financial assets of the City of North Richland Hills
in all current funds, any funds to be created in the future, and any other funds held in
custody by the City, unless expressly prohibited by law or unless it is in contravention
of any depository contract between the City and its depository bank. However, this
policy does not apply to the assets administered for the benefit of the City by outside
agencies. These funds are accounted for in the City's Comprehensive Annual
Financial Report and include:
Operating Funds
• General Fund
• Special Investigation Fund
• Drainage Utility Fund
• Crime Control and Prevention District Fund
• Promotional Fund
• Economic Development Fund
• Donations Fund
• Parks and Recreation Facilities Development Fund
• Grant Fund
• Gas Development Fund
• Traffic Safety Fund
• Utility Fund
• Aquatic Park Fund
• Golf Course Fund
• Facilities/Construction Management Fund
• Fleet Services Fund
• Self-Insurance Fund
• Information Services Fund
• General CIP Fund
• Permanent Street Maintenance Fund
• Sidewalk Maintenance Fund
• Tax Increment Financing District 1 (TIF #1)
• Tax Increment Financing District 2 (TIF #2)
Capital Improvement Funds
5
Debt Service Funds
General Fund Balance Reserve
Revenue Bond Reserves
The City will consolidate cash balances from all funds with the exception of bond
proceeds to optimize investment income. Investment income will be allocated to the
various funds based on their respective participation and in accordance with generally
accepted accounting principles.
III. RESPONSIBILITY AND CONTROL
A. Delegation of Authority
This Investment Policy and the outlining of investment practices and authorities is
compiled in accordance with the Public Funds Investment Act, which requires the
adoption of rules governing investment policies and strategies and the designation of
an Investment Officer, as well as City Ordinance Number 2079 which designates
investment officers and provides prudent investment rules. Collateral requirements are
created in accordance with the Public Funds Collateral Act (Texas Government Code
10, Chapter 2257).
Ultimate responsibility and authority for all investment transactions and cash
management reside with the City Manager and the City's Director of Finance. The
Director of Finance is also responsible for considering the quality and capability of staff
to be involved in investment management and procedures. The Director of Finance
may delegate responsibility for the day to day investment activities to other qualified
staff members. These staff members will be termed Investment Officers of the City.
One of these Investment Officers will be designated the Primary Investment Officer by
the Director of Finance to conduct daily investment activity and prepare required
investment reports. Investment Officers will not conduct any investment or banking
activities involving City funds until a resolution or ordinance giving them authority to do
so has been approved by the City Council of the City of North Richland Hills. All
participants in the investment process shall seek to act responsibly as custodians of
public trust.
B. Quality and Capability of Investment Management
The City shall provide periodic training in investments for the designated Investment
Officers and other investment personnel through courses and seminars offered by
professional organizations, associations, and other independent sources approved by
the Investment Committee in order to ensure the quality and capability of investment
management in compliance with the Public Funds Investment Act.
C. Training Requirements
In accordance with the Public Funds Investment Act, all authorized Investment Officers
shall attend an investment training session not less than once each state fiscal
biennium and shall receive not less than eight hours of instruction relating to
investment responsibilities. A newly appointed Investment Officer must attend a
training session of at least ten hours of instruction within twelve months of taking over
6
or assuming duties and attend an investment training session not less than once in a
two year period that begins on the first day of the local government's fiscal year and
consists of the two consecutive fiscal years after that date. The training shall be
provided by an independent source approved by the Investment Committee. For
purposes of this policy, an "independent source" from which investment training shall
be obtained shall include: a professional organization, an institution of higher
education, or any other sponsor certified to provide such training.
D. Management and Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal
control structure designed to ensure the City's assets are protected from loss, theft, or
misuse. The internal control structure shall be designed to provide reasonable
assurance that these objectives are met. The concept of reasonable assurance
recognizes that (1) the cost of a control should not exceed the benefits likely to be
derived; and (2) the valuation of costs and benefits requires estimates and judgments
by management.
Accordingly, the Director of Finance shall establish a process for annual independent
review by an external auditor to assure compliance with policies and procedures. The
internal controls shall address the following points:
• Minimize risk of collusion
• Separation of transactions authority from accounting and record keeping
• Custodial safekeeping
• Avoidance of physical delivery securities
• Clear delegation of authority to subordinate staff members
• Written confirmation for telephone (voice) transactions for investments and wire
transfers
• Development of a wire transfer agreement with the depository bank or third party
custodian
E. Prudence
The standard of prudence to be applied by the Investment Officer shall be the "prudent
investor" rule, which states: "Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence, discretion, and intelligence
exercise in the management of their own affairs, not for speculation, but for
investment, considering the probable safety of capital as well as the probable income
to be derived." It should be noted that, in a diversified portfolio, occasional losses are
inevitable and must be considered within the context of the overall portfolio's return.
In determining whether an Investment Officer has exercised prudence with respect to
an investment decision, the determination shall take into consideration the investment
of all funds, or funds under the City's control, over which the Investment Officer had
responsibility rather than a consideration as to the prudence of a single investment,
and whether the investment decision was consistent with the written investment policy
of the City.
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F. Indemnification
The Investment Officer, acting in accordance with written procedures and exercising
due diligence, shall not be held personally responsible for a specific security's credit
risk or market price changes, provided that these deviations are reported in a timely
manner and appropriate action is taken to control the effects of such adverse
developments.
The City shall provide for the defense and indemnification of any Investment Officer or
Investment Committee member who is made party to any suit or proceeding, other
than by actions of the City, or against whom a claim is asserted by reasons of their
actions taken within the scope of their service as Investment Officers or appointed
members of the Investment Committee. Such indemnity shall extend to judgments,
fines, and amounts paid in settlement of any such claim, suit or proceeding, including
any appeal thereof. This protection shall extend only to members who have acted in
good faith and in a manner which they reasonably believe to be in, or not opposed to,
the best interests of the City.
G. Ethics and Conflicts of Interest
City staff involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program, or which
could impair the ability to make impartial investment decisions. City staff should
disclose to the City Manager any material personal financial investments in financial
institutions that conduct business with the City and they shall further disclose positions
that could be related to the performance of the City's portfolio. City staff shall
subordinate their personal financial transactions to those of the City, particularly with
regard to the timing of purchases and sales.
An Investment Officer of the City who has a personal business relationship, as defined
by the Public Funds Investment Act of 1997, Section 2256.005 (i), with an organization
seeking to sell an investment to the City shall file a statement disclosing that personal
business interest. An Investment Officer who is related within the second degree of
affinity or consanguinity to an individual seeking to sell an investment to the City shall
file a statement disclosing that relationship. A disclosure statement required under this
section must be filed with the Texas Ethics Commission and the governing body of the
City.
IV. INVESTMENT COMMITTEE
An Investment Committee shall be established to assist in monitoring the performance
and structure of the City's portfolio and approved brokers. Members of this committee
shall include the Director of Finance (as Chairman) and the Assistant Director of
Finance as permanent members. Additional members, numbering no less than three,
will be appointed at the discretion of the Director of Finance. The Primary Investment
Officer will report to and make recommendations to the Investment Committee, but will
have no vote concerning investment policy or suitability of investments. Any matters
presented to the committee requiring a vote of the members shall be passed or denied
by a simple majority.
The Investment Officer or any other member of the committee shall have the power to
call meetings of the committee. The committee shall meet no less than quarterly.
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The Investment Committee shall perform the following functions:
1. Approve the process of selecting authorized dealers, brokers, investment
advisors, and safekeeping agents/custodians used by the City.
2. Review the City's general portfolio activity and performance for compliance to
this policy and recommend any changes or amendments to this policy to the
City Council.
3. Approve the Investment Strategy document, as prepared by the Investment
Officer. This document is required by State law to be separate from the
Investment Policy. The Investment Strategy will be a guide to the investment of
all funds controlled by the City as described in Section II of the Investment
Policy. The strategy is intended to adapt to changes in market conditions.
4. Advise the Investment Officer as to recommendations regarding investment
strategy and portfolio performance.
5. Approve the purchase of any securities with maturities over three (3) years.
6. Immediately notify the Investment Officer of any information brought to their
attention that materially affects the portfolio or the marketability of any
investments purchased in accordance with the Investment Policy.
7. Oversee the activities of the persons designated to carry out investment
transactions and inform the City Council of unaddressed concerns with the
management of the City's investment portfolio.
V. SUITABLE AND AUTHORIZED INVESTMENTS
The City's portfolio investment strategy seeks to match investment maturities with cash
flow requirements for the portion of the portfolio where maturity dates can be matched
with cash flow requirements and investments are able to be purchased with the intention
of being held until maturity. However, investments may be liquidated prior to maturity for
the following reasons:
- An investment with declining credit may be liquidated early to minimize loss of
Principal
- Cash flow needs of the City require that the investment be liquidated
An investment can be liquidated prior to maturity in the event that the gain and, or,
overall benefit from selling and reinvesting the security is greater than the benefit
that would be realized if the security continued to be held to maturity. This will occur
primarily in the core portion of the city's portfolio that is available for longer term
investment.
City funds governed by this policy may be invested in the instruments described below,
all of which are authorized by Chapter 2256 of Government Code 10 (Public Funds
Investment Act), with further restrictions imposed by local ordinances. Investments of
City funds in any instrument or security not authorized for investment under the Act and
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City ordinance is strictly prohibited. The City will not be required to liquidate an
investment that becomes unauthorized, for reasons other than loss of rating,
subsequent to its purchase. All prudent measures will be taken to liquidate an
investment that is downgraded to less than the required minimum rating.
A. Authorized Investments
1. Obligations of the United States, its agencies, and instrumentalities
2. Direct Obligations of the State of Texas or its agencies
3. Collateralized Mortgage Obligations ("CMOs") directly issued by a federal
agency or instrumentality of the United States, the underlying security for which
is guaranteed by an agency or instrumentality of the United States
4. Other obligations, the principal and interest of which are unconditionally
guaranteed or insured by, backed by the full faith and credit of, this state or the
United States or their respective agencies and instrumentalities, including
obligations that are fully guaranteed or insured by the Federal Deposit
Insurance Corporation or by the explicit full faith and credit of the United States
5. Obligations of states, agencies, counties, cities, and other political subdivisions
of any state rated as to investment quality of not less than A or its equivalent by
a nationally recognized investment rating firm
6. Certificates of deposit issued by a depository institution as permitted by Texas
Public Funds Investment Act section 2256.010. Certificates of deposit must be
guaranteed or insured by the Federal Deposit Insurance Corporation or its
successor, and secured by obligations in a manner and amount as provided by
law.
7. Fully Collateralized Repurchase Agreements that are structured in compliance
with the Public Funds Investment Act. A flexible repurchase agreement can be
utilized for the investment of bond proceeds to meet projected cash outflows.
Repurchase agreements must be: secured by a combination of cash and
obligations of the United States or its agencies and instrumentalities; pledged to
the City or held in the City's name; deposited at the same time the investment is
made; and have a defined termination date. Flexible repurchase agreements
(Flex-Repos) must be purchased through a primary government securities
dealer, as defined by the Federal Reserve, or financial institutions doing
business in this state. Flex-Repos may be utilized on new bond issues as
deemed necessary and advantageous to the City. Repurchase Agreements will
only be executed with counterparties that have signed a TBMA Tri-Party
Repurchase Agreement with the City.
8. Commercial Paper
a. Commercial Paper is an authorized investment of this policy if the
commercial paper:
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(1) Has a stated maturity of 270 days or fewer from the date of
issuance; and
(2) Is rated not less than A-1 or P-1 or an equivalent by at least:
(a) Two nationally recognized credit rating agencies;
or
(b) One nationally recognized credit rating agency
and is fully secured by an irrevocable letter of credit
issued by a bank organized and existing under the
laws of the United States or any state.
9. Mutual Funds
a. No-load Money Market Mutual Funds are acceptable investments provided
they are registered and regulated by the Securities and Exchange
Commission, have a dollar- weighted average stated maturity of 90 days or
less, maintain a stable net asset value of$1 per share, and provide the City
with a prospectus and other information required by the Securities
Exchange Act of 1934 or the Investment Company Act of 1940.
b. No-load Mutual Funds are acceptable investments provided they are
regulated by the Securities and Exchange Commission, have an average
weighted maturity of less than two years, are invested exclusively in
obligations as expressed in Section 2256, subchapter A, are continuously
rated not less than AAA or it's equivalent by at least one nationally
recognized credit rating agency, and conform to all requirements under the
Public Funds Investment Act relating to the eligibility of investment pools to
receive and invest funds of investing entities.
10. Investment Pools
a. Investment pools must provide the Investment Officer with an offering
circular or other similar disclosure instrument that contains specific and
detailed information required by the Act. Additionally, the pool shall provide
transaction confirmations, detailed monthly transaction summaries, and
monthly performance reports to the Investment Officer. The specific
requirements for authorized investment pools are detailed in the Public
Funds Investment Act, Subchapter A, Section 2256.016. Authorized pools
must maintain credit ratings no lower than AAA or AAAm or an equivalent
rating by at least one nationally recognized rating service. An investment
pool shall invest the funds it received from entities in authorized
investments permitted by the Public Funds Investment Act. An Investment
pool created to operate as a money market mutual fund must maintain a
maximum weighted average maturity not to exceed 90 days and maintain a
net asset value of $1 per share with the market value per share between
.995 and 1.005. Any investment pool that does not meet the requirements
of one that is created to function as a money market mutual fund must
maintain a maximum average dollar weighted maturity that does not
exceed 365 days (or 366 days in the case of leap year) and must provide a
fixed interest rate and a fixed maturity term for each pool position.
b. In order to participate in an investment pool, the City Council must approve
by resolution or ordinance a Participation Agreement or Inter-local
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Agreement to be executed with the State or Inter-local authority responsible
for the investment pool. This agreement will specify the City's authorized
representatives and the standard delivery instructions for fund transfers and
information reports.
B. Unauthorized Investments
The following investment instruments are specifically not authorized:
1. Obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage-backed security
collateral and pays no principal (Collateralized Mortgage Obligations (CMO) -
derived Interest Only Strips),
2. Obligations whose payment represent the principal stream of cash flow from
the underlying mortgage-backed security collateral and bears no interest
(CMO-derived Principal Only Strips),
3. Collateralized Mortgage Obligations that have a stated final maturity date of
greater than ten (10) years,
4. Collateralized Mortgage Obligations whose interest rates are determined by an
index that adjusts opposite to the changes in a market index (Inverse Floaters),
5. Certificates of Deposit and other investments issued by Savings and Loans,
6. Share Certificates and other investments issued by Credit Unions, and
7. Guaranteed Investment Contracts.
VI. INVESTMENT PARAMETERS
A. Diversification
Diversification of funds and investments must be accompanied by competitive
bidding of all investments to assure diversification among securities dealers.
Diversification is necessary to reduce the portfolio's credit and market risks, while
helping the portfolio attain a market rate of return. The City shall seek to conduct
its investment transactions with several competing, reputable investment security
dealers and brokers to protect principal while optimizing interest opportunities. To
assure diversification of financial institutions, business involving two party
transactions (i.e. repurchase agreements) with any one investment broker should
be limited to thirty percent (30%) of the par value of the total portfolio for any
reporting period. In this way, a bankruptcy, receivership, or legal action would not
immobilize the City's ability to meet payroll, operating, or other expenses.
It is the policy of the City to diversify its investment portfolio so that reliance on any
one issuer or broker will not place an undue financial burden on the City.
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B. Investment Type
Depositories for Municipal Funds (Chapter 105, Local Government Code), the
Public Funds Investment Act (Chapter 10, Government Code), and City Ordinance
Number 2079 authorize depositories and define allowable investment programs for
municipal governments.
It is the policy of the City to purchase only securities authorized by both the Public
Funds Investment Act and Section V., subsection A., of the City's investment
policy. Market risk shall be minimized by diversification of investment types. The
following limits, by instrument, are established for the City's total portfolio:
1. Repurchase Agreements 50%
2. Certificates of Deposit 30%
3. U.S. Treasury Notes/Bonds/Bills 100%
4. U.S. Agencies and Instrumentalities 75%
5. Commercial paper 10%
6. State and Local Bonds and Notes 20%
7. Money Market Mutual Funds 80%
8. Mutual Funds 15%
9. Investment Pools 100%
The maximum maturity of any given investment in the portfolio shall not exceed a
final, stated maturity of 5 years from the date of purchase and overall portfolio
weighted average maturity is not to exceed 3 years.
Reductions in the size of the portfolio due to cash outflows may cause an
investment type to exceed the maximum percentage allowed for that investment
type. In such situations, securities will be sold to reduce the percentage to
allowable levels only if no loss will be realized from the sale. If a loss will be
realized, then the investment may be held to maturity.
To allow for efficient and effective placement, a singular repurchase agreement
can be utilized for the investment of bond proceeds, which exceeds the 50%
limitation.
VII.INVESTMENT PROCEDURES
The City's portfolio shall be designed with the objective of obtaining a rate of return
through budgetary and economic cycles, commensurate with the investment risk
constraints and the cash flow requirements. The risk-return relationship will be
controlled through the investment parameters, operating requirements, and guiding
policies of the City Council. Market value of all securities owned will be compared to
current book value of those securities to determine portfolio performance on a
quarterly basis. Safety of principal is the foremost objective of this investment policy.
The City will practice competitive bidding when purchasing all investments to
guarantee the highest rate of return for the desired maturity date. The right is reserved
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to reject the most financially favorable bid if it is potentially disruptive to the investment
strategy or portfolio composition of the City.
A. Approval of Broker/Dealers
It is the policy of the City to purchase securities only from those institutions on the
City's approved list of broker/dealers and banks. The Investment Committee shall at
least annually, review, revise, and adopt a list of qualified brokers that are authorized
to engage in investment transactions with the City. All securities dealers must be
registered and certified with the Texas State Securities Commission, National
Association of Security Dealers ("NASD") and Securities and Exchange Commission
("SEC").
Those firms that request to become qualified bidders for securities transactions,
including financial institutions, banks, money market mutual funds, and local
government investment pools, will be required to provide a completed broker/dealer
questionnaire that provides information regarding creditworthiness, experience, and
reputation. Additional requirements include a certification stating that the firm has
received, read, understood, and agreed to comply with the City's investment policy and
implemented reasonable procedures and controls to preclude investment transactions
that are not authorized by the City's investment policy. This list may be revised by the
Investment Committee as the City's investment needs change. The Investment
Committee shall approve all broker/dealers and shall also have the ability to limit the
number of authorized securities dealers/banks doing business with the City.
All banks authorized to sell securities to the City will be Federal Reserve member
banks and must be approved by the Investment Committee. No investments will be
placed with Savings and Loan Institutions or Credit Unions.
It is the policy of the City to purchase securities from those institutions on investment
manager's approved list. The City authorizes the investment manager to engage in
security transactions with broker/dealers on a carefully monitored broker/dealer list.
The Investment Committee shall at least annually review the list of broker/dealers with
investment manager.
B. Investment Transactions
It is the policy of the City of North Richland Hills to require competitive bidding for all
individual security purchases and sales except for transactions with money market
mutual funds and local government investment pools. A minimum of three bids must
be obtained to ensure a competitive price for the transaction. All investment
transactions must be approved by the Assistant Director of Finance, or the Director of
Finance, or registered investment advisor as appointed by the City Manager to
execute transactions on behalf of the City, or in their absence, an authorized
Investment Officer. All securities purchased shall require delivery on the settlement
date to the City or its third party accounts on a delivery versus payment ("DVP") basis,
with the exception of investment pools and mutual funds. By so doing, City funds are
not released until the City has received, through the Federal Reserve wire, the
securities purchased.
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C. Investment Reporting
The Public Funds Investment Act and City Ordinance Number 2079 require the
preparation of quarterly management reports and an annual report of all investment
transactions of the City be presented to the City Council. The fourth quarter report for
the fiscal year will be considered as the annual report. The Primary Investment Officer
will prepare the required quarterly and annual reports for evaluating investment
portfolio performance. The reports will be approved and signed by all members of the
Investment Committee. The reports will include the following information, as required
by the Public Funds Investment Act:
1. A summary narrative of investment activity and portfolio performance over the
Period
2. Size and composition of portfolio at the beginning and end of the reporting period
3. List all investments according to the fund for which they were purchased
4. Beginning and ending book and market value for all securities held
5. Beginning and ending book and market value for the total portfolio
6. All additions and changes to the market value during the period
7. State the compliance of the portfolio to the investment policy and the Public Funds
Investment Act
8. Yield
9. Diversification of investments
10. Total sales, maturities, and purchases
11. Accrued interest
12. Performance compared to an established benchmark
These quarterly reports should be used along with the annual report to fully evaluate
and explain market trends and adjustment of investment strategies to manage market
fluctuations. The annual report will show on a fiscal year basis the results of the overall
investment strategy. The quarterly reports will conform to GAAP and be reviewed
annually by the City's independent auditor, with results reported to the City Council.
D. Marking to Market
Market value of all securities in the portfolio will be determined on a quarterly basis.
These values will be obtained from a reputable and independent source and disclosed
to the governing body in the quarterly investment report.
VIII. CUSTODIAL CREDIT RISK MANAGEMENT
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A. Safekeeping and Custodial Agreements
The laws of the State of Texas and prudent treasury management require that all
purchased securities shall be held in safekeeping by either the City, a City account in
a third party financial institution, or the City's safekeeping account with its designated
depository bank.
All securities owned by the City shall be held by a third party safekeeping agent, or in
the Federal Reserve Bank, except for certificates of deposit that have FDIC insurance
provided. For certificates of deposit with FDIC insurance, the City will hold the deposit
receipt.
Transfers of securities in safekeeping shall be processed with written confirmations.
The confirmation will be used for documentation and retention purposes. One of the
City's designated Investment Officers must approve release of collateral prior to its
removal from the safekeeping account.
B. Collateral Policy
Consistent with the requirements of Texas law as defined in Government Code 10,
Chapter 2257, known as the Public Funds Collateral Act, it is the policy of the City to
require full collateralization of all City investments other than obligations of the United
States and its agencies and instrumentalities. Collateral on investments shall be
maintained by an appropriate third party safekeeping agent, as designated by the City.
This policy also applies to any deposits held in an approved depository in excess of
the amount protected by FDIC insurance.
The City of North Richland Hills shall accept only the following securities as collateral:
1. FDIC insurance coverage
2. A bond, certificate of indebtedness, or Treasury Note of the United States, or other
evidence of indebtedness of the United States that is guaranteed as to principal
and interest by the United States
3. Obligations of the United States, its Agencies, and Instrumentalities
4. A bond of the State of Texas or of a county, city, or other political subdivision of the
State of Texas having been rated as investment grade (investment rating no less
than "A" or its equivalent) by a nationally recognized rating agency with a
remaining maturity of ten (10) years or less
Certificates of deposit plus accrued interest per non-depository bank do not need to be
collateralized pursuant to this policy as long as FDIC insurance is provided.
Certificates of Deposit, including accrued interest must be secured by approved
collateral for the amount in excess of FDIC insurance coverage.
Collateral is valued at current market plus interest accrued through the date of the
valuation. Collateral shall be marked to market daily to determine if adequate
collateral ization is being maintained. Repurchase agreement collateral must be
maintained at the following levels, with respect to repurchase agreement par value
plus accrued interest:
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Maturity of U. S. Treasury Other
Collateral Securities Securities
1 year or less 101% 102%
1 year to 5 years 102% 105%
Over 5 years 103% 110%
Collateral levels should be maintained during an investment transaction. The amount
placed in the bank to cover the cost of a security purchase should be fully
collateralized in the event the security fails to be delivered to the safekeeping agent.
Collateralized investments often require substitution of collateral. Any broker or
financial institution requesting substitution must contact the Primary Investment
Officer, or in his absence any other authorized Investment Officer, for approval and
settlement. The substituted collateral's value will be calculated and the substitution
approved if its value is equal to or greater than the original collateralization level.
The Director of Finance, or an authorized designee, must give immediate notification
of the decision to the bank or third party holding the collateral. Substitution is allowable
for all transactions, but should be limited, if possible, to minimize potential
administrative problems and transfer expense. The Director of Finance may limit
substitution and assess appropriate fees if substitution becomes excessive or abusive.
Collateral shall be audited at least annually by the City's independent audit firm, and
may be audited by the City at any time during normal business hours of the
safekeeping party.
The financial institutions with which the City invests and/or maintains other deposits
shall provide, as requested by the City, a listing of the City's certificates of deposit and
other deposits at the institution and a listing of collateral pledged to the City marked to
current market prices. The listing shall include total pledged securities with the
following information:
Name
Type/description
CUSIP
Par value
Current market value
Maturity date
Moody's or Standard & Poor's rating (both if available)
Under Chapter 2257, Public Funds Collateral Act, substitution and release of collateral
must be approved by the governing body. City of North Richland Hills Ordinance
Number 2079 Section 3 delegates the Investment Officers' overall responsibilities to
ensure that investment objectives are accomplished, and therefore, the authority to
release and substitute collateral as deemed necessary and reasonable within the
guidelines of this policy.
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IX. ARBITRAGE
The Tax Reform Act of 1986 (Title 26 U.S.C. Section 148) provides limitations on the
City's yield from investing tax-exempt bond proceeds and debt service funds. These
arbitrage rebate provisions require that the City compute earnings on investments from
each issue of bonds on a periodic basis to determine if a rebate is required. To determine
the City's arbitrage position, the City is required to calculate the actual yield earned on the
investment of the funds and compare it to the yield that would have been earned if the
funds had been invested at a rate equal to the yield on the bonds sold by the City. The
rebate provisions state that periodically (not less than once every five years, and not later
than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a
rebate of any excess earnings. These restrictions require extreme precision in the
monitoring and record keeping of investments, particularly in computing yields to ensure
compliance. Failure to comply can dictate that the bonds become taxable, retroactively
from the date of issuance.
The City's investment position relative to the arbitrage restrictions is to continue pursuing
the maximum yield on applicable investments while ensuring the safety of capital and
liquidity. It is a fiscally sound position to continue maximization of yield and to rebate
excess earnings, if necessary.
X. DEPOSITORIES
The Texas City Depository Act, Local Government Code Chapter 105, prescribes
procedures for selection of a city depository designating that both general-law and home-
rule cities are "authorized to receive applications (as depository) for the custody of city
funds from any bank, credit union or savings association that maintains a place of
business within the state of Texas." This clause indicates that cities are not required to
designate one central depository.
The City of North Richland Hills will, through a request for proposals process, designate
one or more banks to serve as its primary depository(ies) to maximize investment
capabilities and minimize banking cost. The depository designation does not limit
investment activity to one financial institution.
The consideration the City of North Richland Hills will use to execute a banking services
contract will include:
• Ability of Bank to perform and provide the required and requested services
• Reputation of bidder and quality of services provided
• Cost of banking services
• Interest paid on interest bearing accounts and deposits
• Earnings credit calculation on account balances
• Completeness of proposal and agreement to points outlined in the request for
proposals
• Convenience of locations
• Previous service relationship with the City
• Financial strength and stability of institution
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Obtaining competitive proposals on the City's depository specifications will be the
responsibility of the Director of Finance. Selection of the depository shall be based on
the institutions offering the most favorable terms and conditions for the handling of City
funds and the services available to the City.
The maximum term for a depository contract under State law is five years. The City's
contract shall not exceed five years. A performance review will be conducted at least
once every six months by the Investment Committee to evaluate the working
relationship between the City and the depository bank. Special banking needs may be
contracted for by the City outside the depository contract if approved by City Council. If
a depository does not meet the City's requirements in the banking services contract,
the bank will be required to meet the requirements within ninety days or lose the
depository contract.
A. INVESTMENT POLICY ADOPTION
The investment policy shall be adopted by ordinance or resolution of the City Council.
It is the City's intent to comply with state laws and regulations. The policy shall be
reviewed annually by the Investment Committee and the City Council. City Ordinance
Number 2079 states that policy revisions that require enactment due to updates of
applicable state or federal laws may be authorized by the City Manager; however,
other significant revisions must be approved by the City Council.
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CITY OF NORTH RICHLAND HILLS
INVESTMENT STRATEGY
SEPTEMBER 12, 2016
" it"
PREFACE
It is the policy of the City of North Richland Hills that, giving due regard to the safety and
risk of investment, all available funds shall be invested in conformance with State and
Federal Regulations, applicable Bond Resolution requirements, and the adopted
Investment Policy and Investment Strategy.
In accordance with the Public Funds Investment Act(Texas Government Code 10, Chapter
2256), the City of North Richland Hills' investment strategies shall address the following
priorities (in order of importance):
Understanding the suitability of the investment to the financial requirements
of the City
Preservation and safety of principal
Liquidity
Marketability of the investment prior to maturity
Diversification of the investment portfolio
• Optimization of interest earnings
Effective investment strategy development coordinates the primary objectives of the City of
North Richland Hills' Investment Policy and cash management procedures to enhance
interest earnings and reduce investment risk. Aggressive cash management will increase
the available "investment period" and subsequently interest earnings. Maturity selections
shall be based on cash flow and market conditions to take advantage of various interest
rate cycles. The City's investment portfolio shall be designed and managed in a manner
responsive to the public trust and consistent with the Investment Policy.
The City's Funds shall be analyzed and invested according to the following major fund
types:
I. Operating Funds
II. Capital Improvement Funds
III. Debt Service Funds
IV. General Fund Balance Reserve
V. Revenue Bond Reserves
INVESTMENT STRATEGY
In order to minimize risk of loss on a sale because of fluctuating market prices, investment
maturities will not exceed the anticipated cash flow requirements of the funds. In general,
the City will structure the investment portfolio so that investments mature to meet cash
requirements for ongoing operations. From time to time, securities may be purchased at a
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premium or traded for other securities to improve yield, maturity or credit risk. For these
transactions, a loss may be incurred for accounting purposes to achieve optimal
investment return, provided any of the following occurs with respect to the replacement
security:
A. The yield has been increased, or
B. The maturity has been reduced or lengthened, or
C. The quality of the investment has been improved.
Investment guidelines by fund type are as follows:
I. Operating Funds
The City of North Richland Hills Operating Funds are as follows:
• General Fund
• Special Revenue Funds
• Special Investigation Fund
• Drainage Utility Fund
• Crime Control and Prevention District Fund
• Promotional Fund
• Economic Development Fund
• Donations Fund
• Parks and Recreation Facilities Development Fund
o Grant Fund
• Gas Development Fund
• Traffic Safety Fund
• Enterprise Funds
o Utility Fund
• Aquatic Park Fund
• Golf Course Fund
• Internal Service Funds
• Facilities/Construction Management Fund
• Fleet Services Fund
• Self-Insurance Fund
o Information Services Fund
• Capital Projects Funds
• General CIP Fund
• Permanent Street Maintenance Fund
o Sidewalk Maintenance Fund
3
• Component Units
• Tax Increment Financing District 1 (TIF #1)
• Tax Increment Financing District 2 (TIF #2)
1) Suitability - Any investment eligible in the Investment Policy is suitable for the
Operating Funds.
2) Safety of Principal - All investments shall be in high quality securities with no
perceived default risk. The maximum allowable investment in commercial paper
shall be limited to 10% of total Operating Fund investments. Market price
fluctuations will occur. By managing the weighted average days to maturity for the
operating fund portfolio to be less than 3 years and restricting the maximum
allowable maturity to five years, the price volatility of the overall portfolio will be
minimized.
3) Marketability-Securities with active and efficient secondary markets are necessary
in the event of an unanticipated cash requirement. Active electronically traded
markets will define an efficient secondary market.
4) Liquidity-The Operating Funds require the greatest short-term liquidityof anyof the
fund types. Short-term constant dollar investment pools and money market mutual
funds shall provide daily liquidity and may be utilized as a competitive yield
alternative to fixed maturity investments.
5) Diversification - Investment maturities shall be staggered throughout the fiscal year
to provide cash flow based on the anticipated operating needs of the City. Market
cycle risk will be reduced by diversifying the appropriate maturity structure not to
exceed the weighted average maturity allowed by the Investment Policy, and
through diversification by market sector.
6) Yield - Attaining a competitive market yield for comparable securities and portfolio
restrictions is the desired objective. The City's portfolio shall be designed with the
purpose of obtaining an optimized rate of return, through budgetary and economic
cycles, commensurate with the investment risk, policy constraints, and cash flow
requirements.
II. Capital Improvement Funds
The City of North Richland Hills Capital Improvement Funds are comprised of the
monies available from the sale of debt and other sources to finance capital
improvement projects. Bond proceeds are segregated from operating funds on the
general ledger and in investment accounts for arbitrage compliance purposes.
Capital Improvement Funds include all funding for the design and construction of
capital projects, including streets, drainage facilities, utility adjustments, park
improvements, and municipal buildings as well as the acquisition of capital assets.
4
1) Suitability- Any investment eligible in the Investment Policy is suitable for Capital
Improvement Funds.
2) Safety of Principal - All investments shall be in high quality securities with no
perceived default risk. The maximum allowable investment in commercial paper
shall be limited to 10% of total Capital Improvement Fund investments. Market price
fluctuations will occur. By managing the various Capital Improvement accounts in
anticipation of cash flow requirements, the impact of market risk for the portfolio will
be minimized.
3) Marketability-Securities with active and efficient secondary markets are necessary
in the event of an unanticipated cash requirement. Active electronically traded
markets will define an efficient secondary market.
4) Liquidity-The City's funds used for construction and capital improvement programs
have reasonably predictable draw down schedules. Therefore, investment
maturities shall generally follow the anticipated cash flow requirements. Investment
pools and money market mutual funds shall provide readily available funds
generally equal to one month's anticipated cash flow needs, or a competitive
alternative for short-term fixed maturity investments. A singular repurchase
agreement may be utilized if disbursements are allowed in the amount necessaryto
satisfy any expenditure request. This investment structure is commonly referred to
as a Flexible Repurchase Agreement.
5) Diversification - Market conditions and arbitrage regulations influence and limit the
selection and the laddering of maturities of fixed rate investments for bond proceeds
and other construction and capital improvement funds. When investing these types
of funds, every effort will be made to at least meet the maximum allowed yield, and
to select and ladder maturities to meet the cash flow needs of the funds. Maturities
should not exceed the normal life of the underlying projects supported by the fund.
6) Yield - Achieving a positive spread to the applicable arbitrage yield is the desired
objective for bond proceeds. The City's portfolio shall be designed with the purpose
of obtaining an optimized rate of return, through budgetary and economic cycles,
commensurate with the investment risk, policy constraints and cash flow
requirements.
III. Debt Service Funds
The City's Debt Service funds include the General Debt Service Fund and the Sales
Tax Revenue Debt Service Fund. The General Debt Service Fund is funded from ad
valorem tax collections and transfers from various other funds. The Sales Tax
Revenue Debt Service Fund is funded solely from transfers from the Park and
Recreation Facilities Development Fund.
5
I) Suitability-Any investment listed as eligible in the Investment Policy is suitable for
the Debt Service Funds.
2) Safety of Principal - All investments shall be in high quality securities with no
perceived default risk. The maximum allowable investment in commercial paper
shall be limited to 10% of total Debt Service Fund investments. Market price
fluctuations will howeveroccur. By limiting the Debt Service Funds Portfolio maturity
dates to the next scheduled debt service payment, the market risk of the overall
portfolio will be minimized.
3) Marketability - Securities with active and efficient secondary markets are not
necessary as the event of an unanticipated cash requirement is not probable.
4) Liquidity - Debt service funds have predictable payment schedules. Therefore,
investment maturities shall not exceed the anticipated cash flow requirements.
Investment pools and money market mutual funds may provide a competitive yield
alternative for time deposits and short-term fixed maturity investments. A singular
repurchase agreement may be utilized if disbursements are allowed in the amount
necessary to satisfy any expenditure request. This investment structure is
commonly referred to as a Flexible Repurchase Agreement.
5) Diversification - Market conditions influence the attractiveness of fully extending
maturities to the next unfunded payment date. At no time shall the debt service
schedule be exceeded in an attempt to bolster yield.
6) Yield - Attaining a competitive market yield for comparable securities and portfolio
restrictions is the desired objective. The City's portfolio shall be designed with the
purpose of obtaining an optimized rate of return, through budgetary and economic
cycles, commensurate with the investment risk, policy constraints and cash flow
requirements.
IV. General Fund Balance Reserve
The City's objective regarding the General Fund Balance is to maintain a sufficient
fund balance to operate the City for a period of sixty days or 15% of the following
year's budgeted expenditures. The amount of funds to be invested in non-liquid
other-than-overnight investments shall be limited to not more than 50% of this
amount of the General Fund Balance.
1) Suitability- Any investment eligible in the Investment Policy is suitable for General
Fund Balance Reserves.
2) Safety of Principal — Generally, the investment quality of all securities allowed as
investments in the Operating Funds will be allowable in the General Fund Balance
6
Reserve. All investments shall be in high quality securities with no perceived default
risk. The maximum allowable investment in commercial paper shall be limited to
10% of total General Fund Balance Reserve investments. Market price fluctuations
will occur. Under no circumstance shall any investment from this portfolio cause the
combined portfolio's weighted average maturity to exceed the three year maximum
allowed by the Investment Policy. The maximum allowable individual maturity is
restricted to five years.
3) Marketability-Securities with active and efficient secondary markets are necessary
in the event of an unanticipated cash requirement. Active electronically traded
markets will define an efficient secondary market.
4) Liquidity- The Fund Balance Reserve requires the liquidity necessary to cover the
City's expenditures in the event of a cash shortfall. Short-term constant dollar
investment pools and money market mutual funds shall provide daily liquidity and
may be utilized as a competitive yield alternative to time deposits and fixed maturity
investments.
5) Diversification — Maturing investments shall be reinvested within the desired
maturity to provide cash flow in the event that cash is needed for the operating
needs of the City. Market cycle risk will be reduced by diversifying the appropriate
maturity structure throughout three years and through diversification by market
sector.
6) Yield - Attaining a competitive market yield for comparable securities and portfolio
restrictions is the desired objective. The City's portfolio shall be designed with the
purpose of obtaining an optimized rate of return, through budgetary and economic
cycles, commensurate with the investment risk, policy constraints and cash flow
requirements.
V. Revenue Bond Reserves
Debt service reserves are required by bond covenants fora particular revenue bond
issue.
1) Suitability - Any investment eligible in the Investment Policy is suitable for Debt
Service Fund Reserves.
2) Safety of Principal — Generally, the investment quality of all securities allowed as
investments in the Operating Funds will be allowable in the Debt Service Fund
Reserve. All investments shall be in high quality securities with no perceived default
risk. The maximum allowable investment in commercial paper shall be limited to
10% of total Revenue Bond Reserve investments. Market price fluctuations will
occur. Under no circumstance shall any investment from this portfolio cause the
combined portfolio's weighted average maturity to exceed the maximum allowed by
the Investment Policy. The maximum allowable individual maturity is restricted to
7
five years.
3) Marketability-Securities with active and efficient secondary markets are necessary
in the event of an unanticipated cash requirement. Active electronically traded
markets will define an efficient secondary market. By utilizing the yield advantages
of fixed income securities, maximum yield should be attained while meeting cash
requirements.
4) Liquidity - The Debt Service Reserve Funds require the amount of liquidity
necessary to convert securities into cash if needed for payment of debts on
schedule. Short-term constant dollar investment pools and money market mutual
funds shall provide liquidity and may be utilized as a competitive yield alternative to
fixed maturity investments.
5) Diversification - Market cycle risk will be reduced by diversifying the appropriate
maturity structure throughout three years and through diversification by market
sector.
6) Yield - Attaining a competitive market yield for comparable security-types and
portfolio restrictions is the desired objective. The City's portfolio shall be designed
with the purpose of obtaining an optimized rate of return, through budgetary and
economic cycles, commensurate with the investment risk, policy constraints and
cash flow requirements.
8
" lkH
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City DATE: September 12, 2016
Manager
SUBJECT: Consider Resolution No. 2016-026, renewing investment advisory
contract with Public Financial Management (PFM).
PRESENTER: Kent Austin, Director of Finance
SUMMARY:
The City awarded a contract with Public Financial Management, LLC (PFM) in 2013.
The contract term was two years with two optional one-year extensions. This agenda
item would extend PFM's contract for the final one year extension, from November 2016
to October 2017.
GENERAL DESCRIPTION:
The Public Funds Investment Act (PFIA) permits cities to contract with an investment
management firm for "the investment and management of its public funds or other funds
under its control. A contract made under authority of this subsection may not be for a
term longer than two years. A renewal or extension of the contract must be made by the
governing body of the investing entity by order, ordinance, or resolution." Resolution
2016-026 has been prepared to achieve this extension.
The City's investment committee meets quarterly with PFM representatives to review
portfolio performance. The Committee has been satisfied with PFM's work. At its
August 9, 2016 meeting, the Committee voted unanimously to recommend a one-year
extension of PFM's contract. PFM's fee is $40,000 annually. As of July 31, 2016, the
City's managed portfolio totaled $59,219,88.38 and was composed of 42.92% U.S.
Treasury bonds and notes, 50.19% Federal agency bonds and notes, and 6.89%
commercial paper.
RECOMMENDATION:
Approve Resolution No. 2016-026.
INVESTMENT ADVISORY AGREEMENT
THIS AGREEMENT, entered into as of the Ist day of November, 2013, by and between the
Cib of North Richland hills, a public agency (hereinafter the "Client"). and PFM ASSET
MANAGEMENT LLC, a Delaware limited liability company with an office in Austin, Texas
(hereinafter the "Advisor").
WITNESSETH
WHEREAS. the Client has funds available for investment purposes (the `Initial Funds") for
which it intends to conduct an investment program;and
WHEREAS, the Client desires to avail itself of the experience, sources of information.
advice, assistance and facilities available to the Advisor; to have the Advisor undertake certain
dirties and responsibilities; and to perform certain services as investment advisor on behalf of the
Client,as provided herein;and
WHEREAS, the Advisor is willing to provide such services on the terns and conditions
hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and mutual covenants herein
contained,the parties hereto, intending to be legally bound,agreed as follows:
1. SERVICES OF ADVISOR.
The Client hereby engages the Advisor to serve as investment advisor under the terms of this
Agreement with respect to the Initial Funds and such other funds as the Client may from time to
time assign by written notice to the Advisor (collectivel) the "Managed Funds"), and the Advisor
accepts such engagement. In connection therewith, the Advisor will provide investment research
and supervision of the Managed Funds investments and conduct a continuous program of
investment, evaluation and, when appropriate, sale and reinvestment of the Managed Funds
assets. The Advisor shall continuously monitor imesunent opportunities and evaluate
investments of the Managed Funds, The Advisor shall furnish the Client with statistical
information and reports with respect to investments of the Managed Funds. The Advisor shall
place all orders for the purchase, sale, loan or exchange of portfolio securities for the Client's
account with brokers or dealers recommended by the Advisor and/or the Client, and to that end
t
the Advisor is authorized as agent of the Client to give instructions to the custodian designated bN
the Client (the "Custodian") as to deliveries of securities and payments of cash for the account of
the Client. In connection with the selection of such brokers and dealers and the placing of such
orders, the Advisor is directed to seek for the Client the most favorable execution and price, the
determination of which mad take into account, subject to any applicable laves, rules and
regulations, v hither statistical, research and other information or services have been or will be
furnished to the Advisor b) such brokers and dealers. The Custodian shall have custody of cash.
assets and securities of the Client. The Advisor shall not take possession of or act as custodian
for the cash, securities or other assets of the Client and shall have no responsibility in connection
therewith. Authorized investments shall include only those investments which are currently
authorized by the state investment statutes and applicable covenants and as supplemented by such
other written instructions as may from time to time be provided by the Client to the Advisor,
including the Client's Investment Policy (the "Policy"). The Client agrees to promptly provide
the Advisor %%ith any changes, modifications or amendments to the Policy. The Advisor shall
from time to time revie%% the Policy, and provide any comments or recommendations to the
Client. The Advisor shall be entitled to rely upon the Client's written advice with respect to
anticipated drawdowns of Managed Funds. The Advisor will observe the instructions of the
Client with respect to broker/dealers who are approved to execute transactions involving the
Managed Funds and in the absence of such instructions will engage broker/dealers which the
Advisor reasonably believes to be reputable,qualified and financially sound.
2. COMPENSATION.
(a) For services provided by the Advisor pursuant to this Agreement, the Client shall pay
the Advisor an annual fee of$40,000.
(b) The Advisor will bill the Client monthly in equal installments f'or service performed
under this Agreement, said bill to include a statement indicating the basis upon which the fee was
calculated. I lie Client shall pay to the Advisor the amount payable pursuant to this Agreement
not later than on the 15th da} of the month following the month during which the Advisor's
statement was rendered.
(c) Assets invested by the Advisor wider the terms of this Agreement may from time to
time be invested in a stoney market mutual fund or local government investment pool managed
by the Advisor (either. a "Pool"), or in individual securities. Average daily net assets subject to
the fees described in this section shall not take into account any funds invested in the Pool.
Expenses of the Pool, including compensation for the Advisor and the Pool custodian, are
described in the relevant prospectus or information statement and are paid from the Pool.
(d) If and to the extent that the Client shall request the Advisor to render services other
than those to be rendered by the Advisor hereunder, such additional services shall be
compensated separately on terms to be agreed upon between the Advisor and the Client.
3. EXPENSES.
(a) The Advisor shall furnish at its o%Nn expense all necessary administrative services,
office space, equipment, clerical personnel. telephone and other communication facilities,
investment advisory facilities, and executioe and supervisory personnel for managing the
Managed Funds.
(b) Except as expressly provided otherwise herein, the Client shall pay all of its own
expenses including, without limitation, taxes, commissions, fees and expenses of the Client's
independent auditors and legal counsel, if any, brokerage and other expenses connected with the
execution of portfolio security transactions, insurance premiums, and fees and expenses of the
Custodian.
4. REGISTERED ADVISOR; DUTY OF CARE.
The Advisor hereby represents it is a registered investment advisor under the Investment
Advisers Act of 1940, as amended. The Advisor shall immediately notify the Client if at any
time during the term of this Agreement it is not so registered or if its registration is suspended.
The Advisor agrees to perform its duties and responsibilities under this Agreement with
reasonable care. The federal securities laws impose liabilities under certain circumstances on
persons "ho act in good faith. Nothing herein shall in any way constitute a waiver or limitation
of any rights which the Client may have under any federal securities laws. The Client hereby
authorizes the Advisor to sign I.R.S. Form W-9 on behalf of the Client and to deliver such form
to broker-dealers or others from time to time as required in connection with securities transactions
pursuant to this Agreement.
5. ADVISOR'S OTHER CLIENTS.
'file Client understands that the Advisor performs investment advisory services for various
other clients which may include investment companies, commingled trust funds and/or individual
portfolios. The Client agrees that the Advisor. in the exercise of its professional judgment, may
give ads ice or take action with respect to any of its other clients which may differ from advice
3
given or the timing or nature of action taken with respect to the Managed Funds. The Advisor
shall not have any obligation to purchase, sell or exchange any security for the Managed Funds
solely by reason of the fact that the Advisor, its principals, affiliates, or employees may purchase,
sell or exchange such security for the account of any other client or for itself or its own accounts.
6. TERM.
This Agreement shall be in effect for a mo-year period. The Client shall have the option to
renew thereafter for two additional one-year periods by providing notice to the Advisor during the
term of the Agreement. This Agreement may be terminated by the Client in the event of any
material breach of its terns immediately upon notice by certified mail, return receipt requested.
This Agreement may be terminated by the Client at any time, on not less than thirty (30) days'
written notice to the Advisor. The Advisor may terminate this Agreement immediately upon any
material breach of its terms by the Client, or at any time after one year upon thirty (30) days'
written notice to the Client.
7. FORCE MAJEURE.
The Advisor shall have no liability for any losses arising out of the delays in performing or
inability to perform the services which it renders under this Agreement which result from events
beyond its control, including interruption of the business activities of the Advisor or other
financial institutions due to acts of God, acts of governmental authority, acts of war, terrorism,
civil insurrection, riots, labor difficulties, or any action or inaction of any carrier or utility, or
mechanical or other malfunction.
8. DISCIPLINARY ACTIONS.
The Advisor shall promptly give notice to the Client if the Advisor shall have been found to
have violated any state or federal securities law or regulation in any final and unappealable
judgment in any criminal action or civil suit in any state or federal court or in any disciplinary
proceeding before the Securities and Exchange Commission or any other agency or department of
the United States, any registered securities exchange, the Financial Industry Regulatory
Authority, or any regulatory authority of any State based upon the performance of services as an
investment advisor.
9. INDEPENDENT CONTRACTOR.
The Advisor, its employees, officers and representatives shall not be deemed to be
employees. agents (except as to the purchase or sale of securities described in Section 1),
t
partners.sen ants,and'orjoint %entures oft lie Client by virtue of this Agreement or any actions or
services rendered under this Agreement.
10. BOOKS.
The Advisor shall maintain records of all transactions in Client's Managed Funds. The
Advisor shall provide the Client with a monthly statement showing deposits, withdrawals,
purchases and sales (or maturities) of investments, earnings received, and the value of assets held
on the last business day of the month. The statement shall be in the format and manner that is
mutually agreed upon by the Advisor and the Client.
11. THE ADVISOR'S BROCHURE AND BROCHURE SUPPLEMENT.
The Advisor warrants that it has delivered to the Client prior to the execution of this
Agreement the Advisor's current Securities and Exchange Commission Form ADV, Part 2A
(brochure) and Part 2B (brochure supplement). The Client acknowledges receipt of such
brochure and brochure supplement prior to the execution of this Agreement.
12. MODIFICATION.
This Agreement shall not be changed, modified, terminated or discharged in whole or in
part, except by an instrument in writing signed by both parties hereto, or their respective
successors or assigns.
13. SUCCESSORS AND ASSIGNS.
The provisions of this Agreement shall be binding on the Advisor and its successors and
assigns, provided, however, that the rights and obligations of the Advisor may not be assigned
without the consent of the Client.
14. NOTICE.
Written notices required under this Agreement shall be sent by regular mail, certified mail,
overnight delivery or courier, and shall be deemed given when received at the parties' respective
addresses shown below. Either party must notify the other party in writing of a change in
address.
Client's Address
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, I X 76180
5
Advisor's Address With copy to:
PFM Asset Management LLC PFM Asset Management LLC
221 West 6"' Street, Suite 1900 Two Logan Square, Suite 1600
Austin,TX 78701 18"'& Arch Streets
Philadelphia, PA 19103-2770
Attn: Barr) Baughier Attn: Controller
15. .APPLICABLE LAW.
This Agreement shall be construed, enforced. and administered according to the laws of the
State of Texas. The Advisor and the Client agree that, should a disagreement arise as to the terns
or enforcement of any provision of this Agreement, each party, will in good faith attempt to
resolve said disagreement prior to filing a lawsuit.
16. EXECUTION AND SEVERABILITY.
Each party to this Agreement represents and warrants that the person or persons signing this
Agreement on behalf of such party is authorized and empowered to sign and deliver this
Agreement for such party. The invalidity in whole or in part of any provision of this Agreement
shall not void or affect the validity of any other provision.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their authorized representatives as of the date set forth in the first paragraph of this Agreement.
PFM A A GEMFjAT C
By:
Name: Nelson L. Bush
Title: Managing Director
THE CITY OF NORTH RICIILAND HILLS
By:
Name: Mark Hindman
Title: Cit) Manager
Appr d t or and`
George Staples, Attorr ey
e
RESOLUTION NO. 2016-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF THE AGREEMENT BETWEEN PFM ASSET
MANAGEMENT, L.L.0 AND THE CITY OF NORTH RICHLAND HILLS
FOR INVESTMENT ADVISORY SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, Chapter 2256 of the Texas Government Code, commonly known as the
"Public Funds Investment Act" provides for the investment of public funds; and
WHEREAS, it is in the best interest of the City to invest local funds in investments that
provide for the preservation and safety of principal, liquidity, and yield consistent with
the Public Funds Investment Act; and
WHEREAS, the City has traditionally utilized an investment advisory service to manage
its investment portfolio to increase the performance of the City's investments; and
WHEREAS, PFM Asset Management, L.L.C., wishes to continue providing non-
discretionary management of the City's investment portfolio; and
WHEREAS, the City desires to retain PFM Asset Management, L.L.C. for such
services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS THAT:
SECTION 1. The City Council of the City of North Richland Hills, Texas hereby agrees
to renew the Investment Advisory Agreement between the City of North
Richland Hills and PFM Asset Management, L.L.C.
SECTION 2. This resolution shall become effective immediately upon passage.
PASSED AND APPROVED this the 12th day of September, 2016.
CITY OF NORTH RICHLAND HILLS, TEXAS
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Cara Leahy White, Asst. City Attorney
—---------—---—-------- —---------—-—--------
CERTWICATE OF INTERESTED PARTES FORM 1295
-------------
OFFICE USE OINLY
Complete Nos. I - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
— -—--—---------- —------------
1 Narne of business entity filing form, and the city, state and country of the
business entity's place of business.
PFM Asset Management, LLC
Hari PA United Siates
— ----------- —----------
2 Name of governmental entity or state agency that is a party to the contract
for which the form is being filed.
City of Ni i 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 goods or services to be provided under the contract.
RFQ 13-029
Investment Management Services
---—------------ —----------- ---------- ---------- —--—-------
City,State,Country Nature of Interest(check applicable)
Name of Interested Party (place of business)
Conti intermediary
---------- —--------
PFM 1, LLC Phiiadelphia, PA United States X
Bonow,John Harrisburg, PA United States X
Boyle, Steven Harrisburg, PA United States X
Goodnight, Debra Harrisburg, PA United States X
Margolis, Martin HarrsbUi PA Unqed States X
5 Check only if there is NO Interested Party,
6 AFFIDAVIT I swear or affurn, und, �naywlof i that t ove disclosure is rue and correo
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ADD ADDrnONAL PAGES AS NECESSARY
L—--------- —------------------——-------
Form provided by Texas Ethics Commission wv�os'thics slait('rx [is Adopted ?W5l2015
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 12, 2016
SUBJECT: Consider Resolution No. 2016-027, appointing members to Civil
Service Commission, Keep NRH Beautiful Commission, Library
Board, and Park and Recreation Board.
PRESENTER: Alicia Richardson, City Secretary
SUMMARY:
Each year, the City Council appoints members of the public to serve on various boards,
commissions, and committees (the `Boards"). Appointed members serve a two-year
term, unless appointed to fulfill an unexpired term. These annual appointments coincide
with City Council terms—Places 1, 3, 5, and 7 are appointed in odd-numbered years
and Places 2, 4, 6, and Mayoral appointments in even-numbered years. Each member
serves until their successor has been duly appointed and qualified.
GENERAL DESCRIPTION:
In preparation for the annual appointments, staff provides City Council with resource
material to assist with the appointment process. In preparation for the July 2016
appointments, Council was provided a copy of the current membership for each Board,
attendance report, and current applications on file with the City.
In accordance with City Charter, State Law and City Ordinances, Council members
nominate a member of the public to serve in the corresponding place on the Board. The
submitted nominations are subject to majority approval of City Council.
On July 25, City Council took action (Resolution No. 2016-022) on most of their annual
appointments. A copy of the resolution is attached for your review. Council approved
nominees (existing board members) that met the requirement of attending 75% of the
board meetings. The Council agreed that members not meeting the requirement would
be contacted by the Council member who appointed them to determine the reason for
absenteeism. Subsequently, City Council discussed the remaining appointments and
took action on a few at their August 8, 2016 meeting.
The remaining openings/vacancies are as follows, to include recommendations of the
respective City Council member.
MRH
KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION
Leslie Gafvis (fulfill unexpired term) Place 7 June 30, 2017
LIBRARY BOARD
Kay Schmidt Place 4 June 30, 2018
PARK AND RECREATION BOARD
Ken Reeves Alternate June 30, 2018
CIVIL SERVICE COMMISSION
City Charter, Article XVII establishes the membership of the Civil Service Commission.
Members are appointed by the Mayor and confirmed by a two-thirds (2/3) vote of the
City Council. Positions 2 and 4 shall be appointed from a list or lists of nominees
provided to Mayor by employee associations. The terms are as follows: Positions 1 and
2, one year term; Positions 3 and 4; two year term; and Position 5, three year term. The
position of ex-officio is a two year term.
Russ Juren Position 4 - Police Association June 30, 2018
RECOMMENDATION:
Approve Resolution No. 2016-027, as discussed.
RESOLUTION NO. 2016-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS; APPOINTING MEMBERS TO VARIOUS
BOARDS, COMMISSIONS, AND COMMITTEES; ESTABLISHING
TERMS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Council appoints members of the public to serve on various boards,
commissions, and committees; and
WHEREAS, appointed members serve a two-year term, unless appointed to fulfill an
unexpired term; and
WHEREAS, annual appointments coincide with City Council terms with Places 1, 3, 5,
and 7 being appointed in odd-numbered years and Places 2, 4, 6, and
Mayoral appointments in even-numbered years; and
WHEREAS, each member serves until their successor has been duly appointed and
qualified; and
WHEREAS, Council made their initial appointments on July 25 and subsequent
appointments on August 8, 2016; and
WHEREAS, Council members in Places 2, 4, 6, 7 and the Mayor have submitted the
final remaining nominations for consideration by the City Council.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1. The following members have been submitted for nomination and approved
by majority of the City Council to various boards, commission and
committees.
Keep North Richland Hills Beautiful Commission
Leslie Garvis Place 7 Term expiring June 30, 2017
Library Board
Kay Schmidt Place 4 Term expiring June 30, 2018
Resolution No. 2016-027
Page 1 of 2
Park and Recreation Board
Ken Reeves Alternate Term expiring June 30, 2018
Civil Service Commission
Russ Juren Position 4— Police Association Term expiring June 30, 2018
PASSED AND APPROVED this the 12th day of September, 2016.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Cara L. White, Assistant City Attorney
Resolution No. 2016-027
Page 2 of 2
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NOKTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 22, 2016
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:
The NRH Animal Adoption & Rescue Center invites you to their Doggie Beach Bash at
NRH2O Family Water Park from 10 a.m. to 4 p.m. on Saturday, September 24.
Admission is $20 per person including up to two dogs, with proceeds benefiting the
Animal Adoption & Rescue Center. Go online or call 817-427-6570 for more details.
Join hundreds of volunteers to beautify North Richland Hills on Saturday, September 24
at the annual Trash Bash Litter Cleanup event. The cleanup will take place from 9:00
a.m. to 11:30 a.m., followed by a volunteer party with music, free lunch, kid's
environmental activities and exhibits. Go online or call 817-427-6651 to sign up and get
more information.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
Scott Kendall, Eva Ramirez and Pamela Cruz in Purchasing - The Purchasing
Division has earned the 2016 Annual Achievement of Excellence in Procurement Award
for the seventh consecutive year. The City of North Richland Hills is one of only 28
agencies in Texas and one of only 72 cities in the U.S. and Canada to receive the
award. Congratulations to our purchasing staff!