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CC 2016-10-24 Agendas
M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, OCTOBER 24, 2016 WORK SESSION: 6:00 PM Held in the City Council Work Room 1. Discuss items from regular City Council meeting 2. Welcome and introduction - public official, public employee or citizen 3. Iron Horse Golf Course Update CALL TO ORDER EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.071: Consultation with City Attorney to seek advice about pending or potential litigation with Chesapeake Energy Corp., and Total E&P USA, Inc. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers Monday, October 24, 2016 City Council Agenda Page 1 of 3 A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER WRIGHT OUJESKY A.2 PLEDGE - COUNCIL MEMBER WRIGHT OUJESKY A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Green Crystal Award for the Water Safety 365 Initiative 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 special September 19, 2016 and regular October 10, 2016 City Council meetings. B.2 Consider authorizing the Mayor to execute a release and waiver of deed restrictions within the Richland Terrace Addition. B.3 Consider authorizing the city manager to enter in to an agreement with the North Central Texas Council of Governments to host an exercise site for the North Central Texas Full Scale Exercise for emergency preparedness on November 11-13, 2016. B.4 Consider Resolution No. 2016-032, accepting the 2016 Dallas Fort Worth Arlington (DFWA) Urban Area Security Initiative (UASI) grant in the amount of$50,000. C. PUBLIC HEARINGS D. PLANNING AND DEVELOPMENT D.1 RP 2016-10 Public Hearing and consideration of a request from Kimley Horn and Associates, Inc. for a Replat of the Davis - North Tarrant Parkway Addition on 10.277 acres located at 8354 and 8358 Davis Boulevard and 9050 North Tarrant Parkway. E. PUBLIC WORKS Monday, October 24, 2016 City Council Agenda Page 2 of 3 E.1 Approve Resolution No. 2016-031, supporting a Municipal Setting Designation (MSD) Application to the Texas Commission on Environmental Quality (TCEQ). F. GENERAL ITEMS F.1 Approve annual Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program. F.2 Consider Ordinance No. 3434, Gas Franchise Agreement with Atmos Energy Corporation. 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 WHITSON 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, October 21 , 2016 at 3:00 PM. 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, October 24, 2016 City Council Agenda Page 3 of 3 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 24, 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. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 24, 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: Parks and Recreation DATE: October 24, 2016 SUBJECT: Iron Horse Golf Course Update PRESENTER: Garrett Peek, Iron Horse Golf Course General Manager GENERAL DESCRIPTION: Garrett Peek, Iron Horse Golf Course General Manager, will provide an update on programs and services at the golf course. With the completion of the North Tarrant Express project on Loop 820 and continued growth in services, including food and beverage, the golf course had a stellar year and set records in several categories including overall revenue. Information will include total golf rounds, revenue and expenditures, food and beverage updates, golf course improvements and new equipment, along with programs and activities over the past year. MRH CITY COUNCIL MEMORANDUM FROM: Parks and Recreation DATE: October 24, 2016 SUBJECT: Green Crystal Award for the Water Safety 365 Initiative PRESENTER: Vickie Loftice, Managing Director SUMMARY: Dana Walraven, Community Health Outreach Manger for the Center for Children's Health will present the Green Crystal Award for the Water Safety 365 Initiative to the city. GENERAL DESCRIPTION: The Center for Children's Health will present the City of North Richland Hills the Green Crystal Award for service to Safe Kids Tarrant County's Drowning Prevention Campaign, specifically the development of the Water Safety 365 (WS365) program. Initiated by NRH residents Robert and Vanessa Copeland, WS365 was developed with the help of several city departments as well as non-profit organizations, businesses and the Birdville Independent School District. Accomplishments of the program include the following: • Staff participation at Safe Kids Tarrant County coalition meetings and sustainability planning meetings; • Updated public, semi-public and private pool ordinances which includes a drowning prevention video and the addition of pool alarms in/around access points to pools; • Created a new website, specifically for drowning prevention: www.nrhws365.com; • Posted a new Twitter account, named after a young boy who drown last year: @captpaxton; • Led April Pool's Day, Back to Pool, World's Largest Swim Lesson, Sounds of Spring events; • Distributed 2,000 injury prevention tools, specifically Water Watcher Tags throughout the city; • Installed durable Peaks and Ladders signs at pools throughout the city; • Educational material with drowning prevention messaging, brochures and/or posters distributed throughout the city; • Electronic billboards; MRH • Educational presentation at BISD Professional Learning Day; • Golf tournament fundraiser; • Creating a drowning prevention curriculum for BISD, with the goal of launching in Feb./March; • Presentations at several schools and PTA meetings. Dana Walraven, Community Health Outreach Manger for the Center for Children Health will present the award. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 24, 2016 SUBJECT: Approve minutes of the special September 19, 2016 and regular October 10, 2016 City Council meetings. 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 special September 19, 2016 and regular October 10, 2016 City Council meetings. MINUTES OF THE SPECIAL 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 SEPTEMBER 19, 2016 A. CALL TO ORDER Mayor Trevino called the meeting to order at 6:01 p.m. A.1 INVOCATION Council member Whitson gave the invocation. A.2 PLEDGE Council member Whitson led the pledge of allegiance to the United States and Texas flags. A.3 CITIZENS PRESENTATION There were no requests to speak from the public. B. PUBLIC HEARINGS B.1 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 first public hearing was conducted on August 22, 2016 and the second public hearing was conducted on Monday, September 12, 2016. Both public hearings were held during the regular City Council meetings. 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. September 19, 2016 City Council Special Meeting Minutes Page 1 of 2 Council had no questions for staff. Mayor Trevino asked for anyone wishing to speak on the item to come forward. The following people spoke in opposition, Ms. Marty Hoag, 8017 Kendra Lane, North Richland Hills and Mr. Gary Lindenberger, 8305 Juniper Drive, North Richland Hills. There being no one else wishing to speak, Mayor Trevino closed the public hearing. Mayor Trevino announced no action is necessary by the City Council. The City Council will take action on the proposed tax rate on Monday, September 26, 2016. C. ADJOURNMENT Mayor Trevino adjourned the meeting at 6:41 p.m. Oscar Trevino, Mayor Alicia Richardson, City Secretary September 19, 2016 City Council Special Meeting Minutes Page 2 of 2 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 OCTOBER 10, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of October 2016 at 6:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Tim Welch Mayor Pro Tem Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Absent: Oscar Trevino Mayor Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia Farmer City Attorney CALL TO ORDER Mayor Pro Tem Welch called the meeting to order at 6:30 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING Council had no questions for staff. City Manager Mark Hindman clarified that item B.4--agreement with Southlake Leasing & Management, Inc. dba Regent Services for janitorial service--is an annual contract in an October 10, 2016 City Council Meeting Minutes Page 1 of 10 amount not to exceed $73,326. The caption did not designate the term of the contract. If Council has no objection, the consent agenda can be approved with the notation that item B.4 is an annual contract. There was no objection by Council. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN City Manager Mark Hindman introduced City Attorney Maleshia Farmer whose first day with the City was Monday, October 3, 2016. EXECUTIVE SESSION Mayor Pro Tern Welch announced at 6:32 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072: deliberate the purchase, exchange, lease or value of real property - 6705 Corona. Executive Session began at 6:33 p.m. and concluded at 6:44 p.m. Mayor Pro Tern Welch announced at 6:45 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Pro Tern Welch called the meeting to order October 10, 2016 at 7:00 p.m. A.1 INVOCATION Council member Rodriguez gave the invocation. A.2 PLEDGE Council member Rodriguez, with the assistance of Troop 99 and Wolf Den Pack 321, led the pledge of allegiance to the United States and Texas flags. Mayor Pro Tern Welch recognzied Ms. Sally Profitt from Tarrant County College Northeast and her students from the Business Leadership Capstone course. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2016 AMERICAN HEART WALK CAMPAIGN Fire Chief Stan Tinney announced that city employees raised $8,865 during the 2016 October 10, 2016 City Council Meeting Minutes Page 2 of 10 Annual Heart Drive Campaign. Ms. Stacy Richardson with Tarrant County Heart Association was present to receive the check. Chief Tinney thanked city employees for their donations and team captains for their assistance during the campaign. 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 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE REGULAR SEPTEMBER 26, 2016 CITY COUNCIL MEETING. B.2 AUTHORIZE THE PURCHASE AND INSTALLATION OF 24 GRANT-FUNDED STALKER DUAL DSR RADAR UNITS FROM APPLIED CONCEPTS, INC., DBA STALKER RADAR IN THE AMOUNT OF $57,896.08. B.3 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT, AS GRANT FIDUCIARY FOR THE NORTH TEXAS ANTI-GANG (TAG) CENTER, FOR TAG CENTER ANALYST, WITH REBECCA CIFERRI IN AN AMOUNT OF $46,583.30 PRO-RATED FOR 10 MONTHS, AND $55,899.96 PER YEAR FOR EACH ONE YEAR RENEWAL. B.4 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHLAKE LEASING & MANAGEMENT, INC., DBA REGENT SERVICES FOR JANITORIAL SERVICE IN THE AMOUNT NOT TO EXCEED $73,326.00. C. PUBLIC HEARINGS CA SUP 2016-03, ORDINANCE NO. 3433, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BILLY MCDANIEL FOR A SPECIAL USE PERMIT FOR A SECONDHAND DEALER BUSINESS LOCATED AT 7520 NE LOOP 820. October 10, 2016 City Council Meeting Minutes Page 3 of 10 DENIED Mayor Pro Tern Welch opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Planning Manager Clayton Comstock informed Council applicant Billy McDaniel is requesting a Special Use Permit (SUP) for a Secondhand Dealer business to be located at 7520 NE Loop 820 (intersection of NE Loop 820 and City Point Drive). The area is designated on the Comprehensive Land Use Plan as "Retail". This designation permits a variety of retail trade, personal and business services establishments, and offices. The current zoning is C-2 Commercial and provides for development of retail service and general business uses principally serving community and regional needs. Mr. Comstock provided site photos of the property. Applicant Billy McDaniel, 10301 White Settlement Road, Fort Worth, TX 76018, presented request. He proposes to open a 40,000 square foot (approximately) antique market. The business will include vendor booths, inventory storage, and a centralized cashier. He reviewed with Council items and rental spaces that would be acceptable and unacceptable. Mr. McDaniel also reviewed the proposed signage for the business. Mr. Jim Ryffel (property owner), 3113 South University Drive # 600, Fort Worth, TX 76109 presented the landscaping improvements that include landscaped islands in the parking lot and improvements to the landscaped setback along the NE Loop 820 frontage road. He advised that he likes the idea of the antique mall and is committed to investing money in the property for consideration of the Special Use Permit. In response to questions from Council, Mr. McDaniel provided hours of operation for the business establishment. He commented this is his first antique market and that he does not have plans to serve food, but what like to provide that feature at a later time. In response to Council member Lombard's question, Mr. Ryffel reviewed the current retail stores located in the North Hills Village Shopping Center. Planning Manager Clayton Comstock presented staffs report. The floor plan submitted and presented this evening is an exhibit to the Ordinance. If approved, the layout of the floor plan would be a requirement. Mr. Clayton reviewed the following conditions for the Special Use Permit. BUILDING AND OPERATIONAL STANDARDS • Comply with floor plan layout • Divide booth spaces with moveable, nonpermanent structures • Use centralized cashier or payment area October 10, 2016 City Council Meeting Minutes Page 4 of 10 • Prohibit outside storage or display of merchandise, crates or boxes LANDSCAPING IMPROVEMENTS • Submit technical landscape and irrigation plan • Parking lot: improve existing and add new islands • Loop 820 setbacks: add trees and limestone monuments • City Point Drive: add street trees • Complete improvements by March 31, 2017 BUILDING LIGHTING • Site review of exterior building lighting ■ Replace nonconforming fixtures • Prohibit neon or LED strip lighting on building REFUSE CONTAINER SCREENING ■ Any container must be screened EXPIRATION • SUP expires in 3 years • Business may continue to operate as legal non-conforming use Mr. Comstock reviewed the conceptual landscape plan. The Planning and Zoning Commission, at their September 15, 2016 meeting, recommended approval, subject to adding a three-year sunset clause and dumpster screening if one were to be installed with a vote of 6-1. Mr. Comstock commented that Chairman Randy Shiflet was the dissenting vote. Chairman Shiflet commented that the request did not align with the goals of the City Council. In response to Mayor Pro Tern Welch's question, Mr. Comstock informed Council the Special Use Permit is not specific to the applicant. The use, if approved, would run with the property. Mayor Pro Tern Welch called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Pro Tern Welch closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO DENY ORDINANCE NO. 3433. MOTION TO DENY CARRIED 6-0. C.2 ZC 2016-15, ORDINANCE NO. 3432, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MICHAEL MONK FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-2 SINGLE FAMILY ON 0.321 ACRES LOCATED AT 6901 SMITHFIELD ROAD. October 10, 2016 City Council Meeting Minutes Page 5 of 10 APPROVED Mayor Pro Tern Welch opened the public hearing for item ZC 2016-15, Ordinance No. 3432, and called on Principal Planner Clayton Husband to introduce item C.2 and companion item D.1. Principal Planner Clayton Husband informed Council the applicant Michael Monk is requesting a zoning change for the purpose of constructing a new house located at 6901 Smithfield Road. The area is designated on the Comprehensive Land Use Plan as Low Density Residential and the current zoning is AG Agricultural. Mr. Husband provided site photos of the property. Mr. Husband informed Council there is a companion item associated with the request to plat the property. Applicant Michael Monk, 6824 Simmons Road, North Richland Hills, presented the request and was available to answer questions. Principal Planner Clayton Husband presented staffs report. The property is located at the northwest corner of Odell Street and Smithfield Road. The house on the lot was recently demolished in preparation for the construction of a new house. The lot meets the zoning standards of the R-2 Single Family Residential Zoning District. The property is currently unplatted and a companion item for Council's consideration is FP 2016-06. The applicant is requesting consideration of a final plat for Lot 10, Block 1, Mollie B. Collins Addition (0.321 acres). The proposed final plat meets the requirements of the zoning ordinance and subdivision regulations. The Planning and Zoning Commission, at their September 15, 2016 meeting, recommended approval with a vote of 7-0. Staff is recommending approval of Ordinance No. 3432 and FP 2016-06. Mayor Pro Tern Welch called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Pro Tern Welch closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER WHITSON TO APPROVE ORDINANCE NO. 3432. MOTION TO APPROVE CARRIED 6-0. D. PLANNING AND DEVELOPMENT D.1 FP 2016-06 CONSIDERATION OF A REQUEST FROM MICHAEL MONK FOR A FINAL PLAT OF LOT 10, BLOCK 1, MOLLIE B. COLLINS ADDITION ON 0.321 ACRES LOCATED AT 6901 SMITHFIELD ROAD. APPROVED October 10, 2016 City Council Meeting Minutes Page 6 of 10 This item was presented and discussed with item C.2. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER BARTH TO APPROVE FP 2016-06, SUBJECT TO THE CONDITION THAT NO DRIVEWAY ACCESS BE GRANTED TO SMITHFIELD ROAD. MOTION TO APPROVE CARRIED 6-0. E. PUBLIC WORKS E.1 CONSIDER THE RENEWAL OF INTERLOCAL AGREEMENTS WITH TARRANT COUNTY FOR THE PARTIAL FUNDING OF THREE CAPITAL PROJECTS. APPROVED City Engineer Caroline Waggoner presented item and was available to answer questions. Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE RENEWAL OF THE FOLLOWING INTERLOCAL AGREEMENTS WITH TARRANT COUNTY FOR THE PARTIAL FUNDING OF CAPITAL PROJECTS WITHIN THE CITY: (1) DAVIS BOULEVARD/MID-CITIES BOULEVARD INTERSECTION IMPROVEMENTS PROJECT (ST0401); (2) RUFE SNOW DRIVE STREET AND UTILITY IMPROVEMENTS (MID-CITIES BOULEVARD TO HIGHTOWER DRIVE) PROJECT (ST0202); AND (3) SMITHFIELD ROAD (DAVIS BOULEVARD TO MID-CITIES BOULEVARD) PROJECT (ST1304). MOTION TO APPROVE CARRIED 6-0. F. GENERAL ITEMS F.1 CONSIDER APPOINTMENT OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Assistant to the City Manager Kristin James presented item for Council. The following students are recommended for appointment to the Youth Advisory Commitee. Jody Clark Richland High School Grade 9 October 10, 2016 City Council Meeting Minutes Page 7 of 10 Johnathan Garner Richland High School Grade 10 Naia Watkins-Garner Richland High School Grace 9 Randy Rangel Birdville High School Grade 9 Madeline Riscky Richland High School Grade 11 Cynthia Cruz Segura Richland High School Grade 9 Robert Taylor Richland High School Grade 9 Shelby Thomason Richland High School Grade 9 Sydney Thomason Richland High School Grade 9 Emily Wallace Richland High School Grade 9 Gabrielle Whitton Richland High School Grade 11 The following members are in good standing and returning to serve on the committee. Tyler Barry Richland High School Grade 12 Luis Carrillo Birdville High School Grade 11 Brock Crymes Birdville High School Grade 12 Hunter Mendiola Birdville High School Grade 12 Tiana Whitmore Richland High School Grade 12 A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER WHITSON TO APPROVE MEMBERS TO THE YOUTH ADVISORY COMMITTEE. MOTION TO APPROVE CARRIED 6-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Pro Tem Welch announced that action is necessary as a result of discussion in Executive Session pursuant to Section 551.072, deliberate the purchase, exchange, lease or value of real property - 6705 Corona. Director of Economic Development Craig Hulse presented item. The request before Council this evening is to authorize the city manager to execute a contract for the purchase of 6705 Corona Drive, located in Block 22, Snow Heights Addition. The acquisition of the property will allow the City to provide a long term plan to ease congestion and increase mobility along Rufe Snow between Meadow Lakes Drive and Loop 820. Council had no questions for staff. October 10, 2016 City Council Meeting Minutes Page 8 of 10 A MOTION WAS MADE BY COUNCIL MEMBER BARTH, SECONDED BY COUNCIL MEMBER WHITSON TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT TO PURCHASE 6705 CORONA DRIVE. MOTION TO APPROVE CARRIED 6-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Lombard made the following announcements. On Saturday, October 15, 2016 residents can get rid of unwanted bulky items during the annual Fall Community Cleanup. Items can be dropped off from 9:00 a.m. to noon at the Tarrant County College-Northeast Campus in Parking lot E.1 by the tennis courts. Visit our website or call Neighborhood Services for more information. The North Richland Hills Fire Department will hold an open house from 10:00 a.m. to 2:00 p.m. on Saturday, October 15, 2016. The open house will be held at Fire Station No. 5 located off of Mid Cities Boulevard. Come meet our first responders and learn about the many services they provide to the community. The Police Department is holding a prescription drug collection event on Saturday, October 22, 2016. The public may drop off any unused, expired and unwanted prescription drugs at the Police Department between 10:00 a.m. and 2:00 p.m. Please contact the Police Department with any questions. Kudos Korner - Cindy Dobbs in the Water Office - A resident emailed to let us know about the excellent customer service that Cindy provided when she called with questions regarding her water bill. Cindy helped her understand the billing process and gave her suggestions on how to determine if she had a water leak. She also provided a detailed day by day water usage report and offered to send someone out to re-read the meter. The resident said, "I called Cindy several times during this process and she always remembered me, treated me with respect and courtesy and seemed genuinely concerned with assisting me with the problem. I know that customers are quick to complain but rarely commend excellent service, so I just wanted to recognize Cindy for great customer service!" I. ADJOURNMENT Mayor Pro Tern Welch adjourned the meeting at 7:57 p.m. October 10, 2016 City Council Meeting Minutes Page 9 of 10 Tim Welch, Mayor Pro Tern Alicia Richardson, City Secretary October 10, 2016 City Council Meeting Minutes Page 10 of 10 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 24, 2016 SUBJECT: Consider authorizing the Mayor to execute a release and waiver of deed restrictions within the Richland Terrace Addition PRESENTER: Craig Hulse, Director of Economic Development SUMMARY: The City Council is being asked to approve a `Release and Waiver' instrument related to restrictions included in the original Richland Terrace Addition plat that was recorded in 1959. In specific, this item considers the removal of restrictions that prevent the Addition's land use for anything other than the single family residential use. GENERAL DESCRIPTION: In 1959, Richland Terrace Inc. filed a plat in the Tarrant County real property records subdividing a single tract into 44 single family lots now known as the Richland Terrace Addition. At this time homeowners associations (HOAs) were not widely used. Instead, typical covenants and regulations were sometimes included in the plat. In this case, the Richland Terrace Addition plat included various regulations common home improvements (i.e. patios, outbuildings, fences, etc.). It also included a provision limiting the use of the lots to single family residential purposes only. Numerous events (noted below) have occurred since 1959, introducing the potential for other uses beyond single family residential. 1967 - Completion of IH Loop 820, also known as NE Loop 820, a 4-lane highway 1976 - Construction of the former NRH City Hall 2014 - Expansion of IH Loop 820 into the 8-lane North Tarrant Express 2015— Former NRH City Hall on NE Loop 820 listed for sale ?g1kH NORTH KICHL,AND HILLS In properly preparing the former City Hall for sale, it was discovered that the current restriction limits interest in the adjacent residential properties, specifically by parties interested in purchasing and/or developing the property for a use other than as a single family residence. The recorded plat provides that in order to remove any restriction, the change must be approved by a majority of the owners of the original 44 lots. The City currently owns 25 of the 44 original Richland Terrace Addition lots (20 of which were used to develop the former City Hall, and an additional 5 lots within the Addition), totaling 56% of the original lots, which constitutes a majority. A Release and Waiver of Deed Restrictions instrument (contract) has been prepared for City Council to consider whether these restrictions limit the future use and marketability of the lots to the disadvantage of both the City and the other owners, and as a majority owner, should release and waive the restrictions created by the plat. Council approval does not force any of the property owners to move or to stop using the property as a single family residence, nor would it prevent them from selling their property to a buyer for use as a single family residence. Rather, it removes a restriction that would prevent the sale of property for some use other than single family residential. Moreover, the existing residential lots are still zoned for single family residential use. Therefore, any plan for a different use would require that a zoning change be approved by the Planning and Zoning Commission and the City Council. The balance of affected property owners were mailed an envelope containing a letter explaining the restriction, the October 24, 2016 City Council consideration and a 'Petition to Modify Restrictions' prepared by the City for their consideration. Since the City owns a majority of the properties the modification to the deed restrictions is not dependent on support from the remaining lot owners. We do still anticipate that some lot owners will sign as a way of showing their support for redevelopment of the area. RECOMMENDATION: Authorize the Mayor to execute a release and waiver of deed restrictions within the Richland Terrace Addition. RELEASE AND WAIVER OF DEED RESTRICTIONS STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, Richland Terrace, Inc., referred to herein as "Dedicator"), platted and dedicated certain property via plat recorded in Volume 3880014, beginning at Page 0076 of the Plat Records of Tarrant County, Texas within the city limits of the City of Richland Hills, Texas, specifically, the following: Lots 1 to 8, inclusive, Block 31, Lots 1 to 12, inclusive, Block 32, Lots 1 to 10, inclusive, Block 33, and Lots 1 to 14, inclusive, Block 34, of the Richland Terrace Addition to the City of North Richland Hills, Tarrant County, Texas; and WHEREAS, said Dedicator, when platting such property created certain restrictions on the use of said property; and WHEREAS, the restrictions created include the following: 1. All numbered lots as shown in the above described plat shall be known as residential lots, and the following restrictions apply to said residential lots. 2. No structures shall be erected, altered, placed or permitted to remain on any residential lot other than one single family dwelling, not to exceed one story in height and a private garage for not less than one car, and necessary outbuildings typical for single family use. 3. No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building has been approved in writing as to the conformity and harmony of external design with existing structures in the subdivision and as to location of the building with respect to the topography and finished ground elevation by a committee composed of the following persons: M.V. Lathan and Donald R. Campbell, or a representative designated by them. In the event of the death or resignation of any member of said committee, the remaining member or members shall have full authority to approve of disapprove such design and location; or to designate a representative with like authority. In the event said committee, or its designated representative fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion there, such approval will not be required and this covenant will be deeded to have been fully complied with. Neither the members of such committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The powers and duties of such committee and of its designated representative shall cease after January 1, 1965. Thereafter, the approval described in this covenant shall not be required unless, prior to said effective date, and effective thereon a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision and duly recorded appointing a representative, or representatives, who shall thereafter exercise the same powers previously exercised by said committee. 4. No building shall be located nearer to the front property line than that shown on the plat of said addition, nor on any of the lots shown thereon, shall a building be located nearer that five (5) feet to any interior said lot line, so as to the provide a minimum of 10 feet between dwellings. No dwelling shall be located nearer than 15 feet to any side street line 5. Any detached garage or other outbuildings erected, shall conform to the main dwelling as to the type and construction, and shall be located no nearer than 25 feet to the rear of the main building. 6. No residential structure shall be erected or placed on any building plot, which plot has a area of less than 7,000 square feet or a width of less than 55 feet at the front building set- back line as shown on the recorded plat. 7. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. S. No trailer, basement, tent, shack, garage, barn or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence. 9. Each dwelling constructed or placed in said addition shall be constructed of 80% brick and all dwellings must be so placed on the lot as to face the street on which the lot faces. 10. No ground floor area of the main dwelling, exclusive of garages, open porches, patios, screen porches, shall be less than 1,200 square feet. All garages much be of at least one car size and may be attached or detached from the main dwelling. 11. Easements are reserved as shown the recorded plat for utility installation and maintenance. 12. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet, advertising the property for sale or rent, or sign used by a builder to advertise the property during the construction and sales period. 13. No animals, livestock or poultry of any kind shall be raised, bred, or kep ton any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes. 14. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 15. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property line extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of the driveway or alley pavement. No trees shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 16. No fence shall be erected or permitted to remain on any lot nearer the front property line of the lot than 30 feet. 17. If the parties hereto or any of them or their heirs, assigns, shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate such covenant and either prevent him or them from so doing or to recover damages or other dues for such violations. and WHEREAS, the City of North Richland Hills (`the City") has assumed ownership of fee simple title to a majority of the lots originally platted, specifically, the following: Lots 1 through 10 inclusive of Block 33, and Lots 1 through 14 of Block 34 of the Richland Terrace Addition to the City of North Richland Hills, Tarrant County, Texas, as originally platted via plat recorded in Volume 3880014, beginning at Page 0076 of the Plat Records of Tarrant County, Texas (which lots have collectively now been replated and revised as Lot 1R of Block 31 via plat recorded in Volume 3880093, beginning at Page 0501 of the Plat Records of Tarrant County, Texas); and Lots through inclusive of Block 34, as platted via plat recorded in Volume 3880014, beginning at Page 0076 of the Plat Records of Tarrant County, Texas; and WHEREAS, the City Council of the City has determined that the above-referenced restrictions do not remain necessary or appropriate to fulfill the purposes of the Dedicator, and has further determined that the above-referenced restrictions interfere with the best interests of the current property owners, including property that the City owns, and unreasonably interfere with needed economic development of the property affected; NOW, THEREFORE, the City, through its duly authorized representative, the Mayor of the City, as owner of a majority of the original lots affected by the restrictions, do hereby waive and remove such restrictions, as permitted and authorized by the plat and dedicatory instrument creating them. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURES TO FOLLOW Signed this day of 2016. THE CITY OF NORTH RICHLAND HILLS By: Mayor Attest: City Secretary ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared , who after first being by me duly sworn, acknowledged and stated he has executed the above and foregoing document for the purposes and consideration therein expressed, in his capacity as Mayor of the City of North Richland Hills, with full authority to so act, on this, the day of , 2016. 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Richland Terrace Inc. filed a plat in the Tarrant County real property records creating the subdivision. That plat subdivided the large tract into 44 single family lots now known as the Richland Terrace Addition. As you may know, in modern land development practice, when a developer creates a new subdivision, the developer files a document generally called a Declaration of Covenants, Conditions and Regulations (sometimes referred to as a "CCR"), and establishes a homeowners' association to enforce those regulations, and creates a mechanism to modify the covenants on an as-needed basis as part of that document. However, back in 1959, homeowners associations (HOAs) were not widely used. Instead, typical covenants and regulations were sometimes included in the plat. In this case, the Richland Terrace Addition plat included various regulations regulating common home improvements (i.e. patios, outbuildings, fences, etc.). It also includes a provision limiting the use of the lots to single family residential purposes only. Numerous events (noted below) have occurred since 1959, introducing the potential for other uses beyond single family residential. 1967 - Completion of IH Loop 820, also known as NE Loop 820, a 4-lane highway • 1976 - Construction of the former NRH City Hall • 2014 - Expansion of IH Loop 820 into the 8-lane North Tarrant Express • 2015 — Former NRH City Hall on NE Loop 820 listed for sale While it is not yet known whether a prospective buyer would envision using your property for anything other than a single family residence, the current restriction limits interest, 430 V A[y p'''oint D4ivn � Non ni tdYh°6'Wn q I h, D. 76180 vrv✓eljl;iote: wvvw.n9°+e d..com specifically by those interested in purchasing and/or developing your property for a use other than as a single family residence. The recorded plat provides that in order to remove any restriction, the change must be approved by a majority of the owners of the original 44 lots. The City currently owns 25 of the 44 original Richland Terrace Addition lots (20 of which were used to develop the former City Hall, and an additional 5 lots within the Addition), totaling 56% of the original lots, which constitutes a majority. On October 24, 2016, at the regular City Council meeting, the North Richland Hills City Council will consider whether the restrictions limit the future use and marketability of the lots to the disadvantage of both the City and the other owners, and determine whether the City, as a majority owner, should release and waive some or all of the restrictions created by the plat. Even if the City Council decides to release and waive some or all of the restrictions, that action would not force you, as the property owner of one of the lots, to move or to stop using the property as a single family residence, nor would it prevent you from selling your property to a buyer for use as a single family residence. It simply removes a restriction that would prevent you from selling your property for some use other than single family residential. Moreover, the existing residential lots, including yours, are still zoned for single family residential use. Therefore, any plan for a different use would require that a zoning change be approved by the Planning and Zoning Commission and the City Council. As stated, the City Council will be considering action on October 24, 2016 and, while the City represents the required majority, it welcomes your input and participation in this decision. As a property owner, you have a right to join in signing a petition removing the restrictions, or you may choose not to. If you wish to join in the petition effort, attached is a prepared petition to remove the restrictions. In the event you wish to support such modification, it will need to be signed in front of a notary. Feel free to contact me with any questions, comments or for the need of notary services. Sincerely, Craig Hulse Director of Economic Development Office: (817) 427-6091 Cell: (972) 829-3858 Email: chulse @nrhtx.com PETITION TO MODIFY RESTRICTIONS APPLICABLE TO LOTS 1 THROUGH 8 INCLUSIVE OF BLOCK 31 AND LOTS 1 THROUGH 12 INCLUSIVE OF BLOCK 32 (AS ORIGINALLY PLATTED) (NOW COLLECTIVELY REPLATTED AS LOT 1R OF BLOCK 31), AND LOTS 1 THROUGH 10 INCLUSIVE OF BLOCK 33 AND LOTS 1 THROUGH 14 INCLUSIVE OF BLOCK 34 OF THE RICHLAND TERRACE ADDITION 1. Property description: Lot I of Block 31, Lots 1 through 10 inclusive of Block 33, and Lots 1 through 14 of Block 34 of the Richland Terrace Addition to the City of North Richland Hills, Tarrant County, Texas, as originally platted via plat recorded in Volume 3880014, beginning at Page 0076 of the Plat Records of Tarrant County, Texas, and revised via plat recorded in Volume 3880043, beginning at Page 0501 of the Plat Records of Tarrant County, Texas. (Lot 1R of Block 31 was originally platted as Lots 1 through 8 inclusive of Block 31 and Lots 1 through 12 inclusive of Block 32.) 2. Reference to real property records or map or plat records containing the restriction sought to be modified is recorded: Plat recorded in Volume 3880014,beginning at Page 0076 of the Plat Records of Tarrant County, Texas. 3. Restrictions to be deleted: 1. All numbered lots as shown in the above described plat shall be known as residential lots, and the following restrictions apply to said residential lots. 2. No structures shall be erected, altered, placed or permitted to remain on any residential lot other than one single family dwelling,not to exceed one story in height and a private garage for not less than one car, and necessary outbuildings typical for single family use. 3. No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building has been approved in writing as to the conformity and harmony of external design with existing structures in the subdivision and as to location of the building with respect to the topography and finished ground elevation by a committee composed of the following persons: M.V. Lathan and Donald R. Campbell, or a representative designated by them. In the event of the death or resignation of any member of said committee, the remaining member or members shall have full authority to approve of disapprove such design and location; or to designate a representative with like authority. In the event said committee, or its designated representative fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, or in 1 any event,if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion there, such approval will not be required and this covenant will be deeded to have been fully complied with. Neither the members of such committee,nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The powers and duties of such committee and of its designated representative shall cease after January 1, 1965. Thereafter, the approval described in this covenant shall not be required unless,prior to said effective date, and effective thereon a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision and duly recorded appointing a representative, or representatives,who shall thereafter exercise the same powers previously exercised by said committee. 4. No building shall be located nearer to the front property line than that shown on the plat of said addition, nor on any of the lots shown thereon, shall a building be located nearer that five (5) feet to any interior said lot line, so as to the provide a minimum of 10 feet between dwellings. No dwelling shall be located nearer than 15 feet to any side street line 5. Any detached garage or other outbuildings erected, shall conform to the main dwelling as to the type and construction, and shall be located no nearer than 25 feet to the rear of the main building. 6. No residential structure shall be erected or placed on any building plot, which plot has a area of less than 7,000 square feet or a width of less than 55 feet at the front building set-back line as shown on the recorded plat. 7. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 8. No trailer, basement, tent, shack, garage, barn or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence. 9. Each dwelling constructed or placed in said addition shall be constructed of 80% brick and all dwellings must be so placed on the lot as to face the street on which the lot Jaces. 10. No ground floor area of the main dwelling, exclusive of garages, open porches, patios, screen porches, shall be less than 1,200 square feet. All garages much be of at least one car size and may be attached or detached from the main dwelling. 11. Easements are reserved as shown the recorded plat for utility installation and 2 maintenance. 1.2. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet, advertising the property for sale or rent, or sign used by a builder to advertise the property during the construction and sales period. 1.3. No animals,livestock or poultry of any kind shall be raised,bred,or kep ton any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes. 14. No lot shall be used or maintained as a dumping ground for rubbish,trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 1.5. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property line extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of the driveway or alley pavement. No trees shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 16. No fence shall be erected or permitted to remain on any lot nearer the front property line of the lot than 30 feet. 17. If the parties hereto or any of them or their heirs, assigns, shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate such covenant and either prevent him or them from so doing or to recover damages or other dues for such violations. 4. Restriction after proposed modification: None. 5. Petition: I/We, the undersigned, execute this petition in order to delete the above-described restrictions on use of property in the subdivision. Specifically,we have executed this petition for the purpose of deleting all of the restrictions described above, which restrictions are contained in 3 the original plat of the subdivision which is filed in the Deed Records of Tarrant County on or about February 17, 1959. It is our intention that upon the filing of a petition by the owners of a majority of the lots affected, all of said restrictions shall be deleted in their entirety. I/we, the undersigned,being all of the record owner(s) of the following described property in the above-referenced subdivision, agree to the deletion of the restrictions described above. Street Address of Owner's Property: __ Legal Description of Owner's Property: SIGNATURE I/we, the undersigned, after first being duly sworn, upon my oath, state that I/we own the above-referenced property in the above-referenced subdivision, and that I/we have executed this petition to indicate our consent to the deletion of the restrictions described in the attached petition. Signed this day of 2016. Owner=s Name: Owner's Signature: ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANf Before me,the undersigned authority, on this day personally appeared , who after first being by me duly sworn, acknowledged and stated he/she has executed the above and foregoing document for the purposes and consideration therein expressed, in the capacity therein described, and with full authority to so act, on this,the .. day of_...._...............— ....— ..-.-....._, 2016. Notary Public in and for the State of Texas My commission expires: 4 Co-Owner—s Name: Co-owner's Signature ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANI' Before me,the undersigned authority, on this day personally appeared who after first being by me duly sworn, acknowledged and stated he/she has executed the above and foregoing document for the purposes and consideration therein expressed, in the capacity therein described, and with full authority to so act, on this,the .........................-day of ___...---..........._.........._, 2016. .._.........................................— Notary Public in and for the State of Texas My commission expires: _ 5 H N M m M DJ O O M M O m m N N N O N N M ry 6 W O O O O m 4,M M O O N O O O O O N O O M m m try V1 W m tD m m m N c0 m M m M O O � h h h � I'� h h t0 F th0 M1 tD l0 h b m h lhU l0 N W o N c c c c c c c c c c c c y m m m ,a m ro ro m m _ro m O � o 0 0 0` `o `o `o 0 0 0 `o `o v o Z LL Z Z = 2 Z Z F- Z Z Z m Z Y Z Z Z w Y Q � OCO 60 [10 � N OCq p=p b0 � 00 Q m Cp tl0 p a E E E L' EE a EE .EE .E E 3 E E E N L L E E `0 E E E v E :o E E 'a c 'o c c m m 3 c ,�. > > 3 d 0 > > v V u u u u u Q Y Y U w U m u u N h M OY N Qt Ol 40 N = C' O V O t0 N W c} r C ti O �+ N N ti H 7r O O N N e-1 N O O VI Oh V h 4' m M ti O O N O O C NO d' H C C ry Y G E � 3 ro « o ro u 6 w v E S `m � T L ro LL N Z � V 0 m p V' m p d V V m V N E w � Z v V c a LL v L m 3 c a 3 O LL O m m v m T E w c > m O 6 M � ✓1 m h Ol W M C V1 tD h M Ol � N H H N u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N p m m m m m M M v v v m 4 v v c v v v c m m m m m m m m m m m m m m m m m m m j V V V V V V V V V V V V V V 0 i m m m E 0 0 0 0 0 i 0 0 0 0 0 0 0 0 0 0 m E m m m m m m m m m m m m m m N W W W W W W W W W W W W W W W W W N v ao m m op m 5 5 0o m m ap m np m m m op m m Q c c c c c c c c c c c c c c c c c c c EE EE 'E ? > EE E E 'E E E EE EE 'E `w E E E E E = '- E E E E E E E E E E E E o E c > > o c > o u u u u u u u u u u u u u u u u u O m m O O O O ti e-i O N N O 6 ° a v v v c v o o S S om a a c v v v v MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: October 24, 2016 Manager SUBJECT: Consider authorizing the city manager to enter into an agreement with the North Central Texas Council of Governments to host an exercise site for the North Central Texas Full Scale Exercise for Emergency Preparedness on November 11-13, 2016. PRESENTER: Billy Owens, Emergency Management Coordinator SUMMARY: This item is to authorize the city manager to enter in to an agreement with the North Central Texas Council of Governments to host an exercise site for the North Central Texas Full Scale Exercise for Emergency Preparedness on November 11-13, 2016. GENERAL DESCRIPTION: The City of North Richland Hills was approached about hosting a site for the North Central Texas Full Scale Exercise, or Big X, on the weekend of November 11-13, 2016. NRH will run an exercise scenario site for law enforcement groups around the region over a twenty four hour period that weekend. This site will be one of about fifty others that are being hosted around the Metroplex. The full scale exercise is intended to assess the North Central Texas Regions' ability to successfully respond to and manage multiple emergencies occurring simultaneously and to enhance regional response to large-scale incidents. The attached agreement will authorize North Richland Hills to host a site through the North Central Texas Council of Governments. RECOMMENDATION: Authorize the city manager to enter in to an agreement with the North Central Texas Council of Governments to host an exercise site for the North Central Texas Full Scale Exercise for Emergency Preparedness on November 11-13, 2016. NORTH CENTRAL TEXAS FULL SCALE EXERCISE ("BIG X") EXERCISE HOST SITE AGREEMENT BETWEEN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) AND THE CITY OF NORTH RICHLAND HILLS ("HOST"). This Exercise Host Site Agreement (the "Agreement') is made and entered into as of August 15, 2016 ("Effective Date") by and between the North Central Texas Council of Governments (NCTCOG), a Texas political subdivision and non-profit corporation with offices located at 616 Six Flags Drive, Arlington, Texas 76011, and the City of North Richland Hills, a local government with offices located at 4301 City Point Drive, North Richland Hills, Texas 76180 ("Host"). In the event that Host is a local government as defined under the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code(Act), this Agreement shall be subject to the terms of such Act. RECITALS: WHEREAS, the health, safety and welfare of citizens in North Central Texas is threatened by a variety of natural and technological hazards including terrorism; and, WHEREAS, NCTCOG and The Olson Group, LTD. have designed a regional full-scale multi-disciplinary/multi jurisdictional exercise as recommended by the Emergency Preparedness Planning Council; and, WHEREAS, the proposed regional full-scale exercise is intended to assess the North Central Texas Regions' ability to successfully respond to and manage multiple terrorist events and other emergencies occurring simultaneously throughout the region; and, WHEREAS, a multi-layered regional full-scale exercise will enhance the skills and abilities of regional first responders as well as those responsible for coordinating and managing large-scale events; and WHEREAS, the HOST is a local government and wishes to host an exercise site. NOW, THEREFORE, the parties hereby agree as follows: Page r of 8 ARTICLE I GOALS AND OBJECTIVES 1.1 North Central Texas Regional Exercise Goals The North Central Texas Regional Full-Scale Exercise (Big X) is a comprehensive multi- discipline, multi-jurisdictional full-scale regional exercise. The overarching goal for this exercise would be to increase proficiency levels in identified core capabilities and enhance regional response to large-scale incidents. The Big X exercise is intended to: • Enhance the skills and abilities of regional first responders, as well as those responsible for coordinating and managing large-scale events; • Assess the region's ability to successfully respond to and manage multiple terrorist events and other emergencies occurring simultaneously throughout the region; • Provide the NCTCOG Region with critical gap analysis information by identifying the existing level of preparedness and capabilities and comparing that information to related desired levels; • Conclude with the creation of a comprehensive After Action Report and Improvement Plan (AAR-IP) that provides an accurate assessment of involved functions and preparedness program areas. ARTICLE II OBLIGATIONS 2.1 HOST's Obligations During the Term of this Agreement, the HOST agrees to provide an exercise site located at 4301 City Point Drive, North Richland Hills, Texas 76180 on November 11-13, 2016. • The HOST agrees to provide a facility with: • An isolated fenced-in area, that will be visible, but inaccessible to the public during the exercise • Adequate parking for 15— 20 vehicles • Participant brief and debrief area indoors or under adequate shelter • For purposes of this Agreement, Participants shall include Host police officers, personnel, and volunteers (collectively "Host Participants"); and Other Agency police officers, personnel and volunteers (collectively"Other Agency Participants"). • Fenced-in scenario area, that will be visible, but inaccessible to the public • Tables and chairs for 15 —20 people • Electricity • Lighting Page 2 of 8 o Restroom facilities o Accessibility to Host Participants and Other Agency Participants 0 10 — 15 personnel on site to execute and continue exercise operations throughout the duration of the Big X. with personnel expenses borne by the HOST. • There is no funding available for reimbursements, backfill, or overtime. The Big X Exercise Planning Team will assist with resource requests and site-specific logistics purchasing before the exercise as grant guidance, funding limitations, and circumstances allow. • The HOST further agrees to: • Provide for the safety and security of the exercise site. • Enforce safety procedures, provided by the Big X Exercise Planning Team, as outlined in the Big X Safety Plan, including the use of force-on- force marking rounds and site security. • Provide a primary point of contact to coordinate with NCTCOG and The Olson Group, LTD. (the vendor designing and conducting the exercise). This primary point of contact is: Name: Billy Owens Agency: City of North Richland Hills Job Title: Emergency Management Coordinator Address: 4301 City Point Drive, North Richland Hills, Texas 76180 Cell Phone (972) 989-3686 E-mail: bowensLr�nrhtx.com • The HOST primary point of contact agrees to: • Provide NCTCOG with a signed release of liability and hold harmless agreement (Appendix A) for each Participant requiring access to the exercise site during the exercise; • Provide the name, agency,job title, phone number, and e-mail address for all Participants who need access to the site during the exercise. 2.2 NCTCOG's Obligations During the Term of this Agreement,NCTCOG agrees to the following: • Foster coordination with Olson Group Exercise Support Team (EST). • Provide the site host with the Big X Safety Plan • Coordinate with The Big X Planning Team to assist in the planning and Page 3 of 8 development of the exercise site requirements, and ensuring the exercise site HOST receives a copy of the Big X Safety Plan; • Provide HOST with plan to prevent damage to HOST property during the event. • Provide a primary point of contact to coordinate with HOST. This primary point of contact is: Name: Jessica Mason Agency: North Central Texas Council of Governments Job Title: Emergency Preparedness Specialist Address: 616 Six Flags Drive, Arlington, Texas 76011 Phone: (817) 608-2352 E-mail: jmason(d)nctcog.org 2.3 Joint Obligations During the Term of this Agreement, both parties hereto agree to the following: • Make every reasonable effort to ensure that the health and safety of all Participants are protected during the performance of their duties as it relates to the Big X; and • Avoid placing any Participant in a role that would constitute a conflict of interest. ARTICLE 111 TERM; TERMINATION 3.1 The initial term of this Agreement will be five months from the Effective Date. Either party may terminate its participation under this Agreement upon ninety (90) days advance written notice to the other party. ARTICLE 1V HOLD HARMLESS 4.1 To the maximum extent permitted by law, both parties shall hold harmless the other party from and against any and all liabilities, judgments, losses, claims, assessments, suits in law or in equity, expenses, attorney's fees, and damages arising from that party's own negligent acts or omissions, failure to perform its obligations under this Contract as well as any actual or alleged infringement of any United States or foreign patent, trademark or copyright in connection with this Contract. Page 4 of 8 ARTICLE V MISCELLANEOUS COVENANTS 5.1 Amendments/Whole Agreement. This Agreement and any amendment hereto may be executed in counterparts, and all such counterparts taken together shall be deemed to constitute one and the same instrument. This Agreement embodies the entire understanding of the Parties with respect to the subject matter herein, and any prior or contemporaneous representations, either oral or written, are hereby superseded. No amendments or changes to this Agreement shall be effective unless made in writing and signed by authorized representatives of the parties. 5.2 Dispute Resolution. The parties to this Agreement agree to the extent possible and not in contravention of any applicable State or Federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process before resorting to litigation. 5.3 Availability of Funding. 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 funds, which are received from the funding agencies by NCTCOG dedicated for the purposes of this Agreement. 5.4 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Agreement shall be in Tarrant County, Texas. 5.5 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 Parry must inform the other in writing within reasonable time of the existence of such force majeure. 5.6 Liability. Neither party shall be responsible for any civil liability that arises from the furnishing of its service(s) under this Agreement. 5.7 No Waiver of Immunity. Notwithstanding any other provision of this agreement, nothing in this agreement shalt or may be deemed to be, or shall or may be construed to be, a waiver or relinquishment of any immunity, defense, or tort limitation to which NCTCOG and/or HOST, their officials, officers, employees, representatives, and agents are or may be entitled, including, without limitation, any waiver of immunity to suit. Page 5 of 8 5.8 Notice. Notice from one Party to another Party regarding this Agreement shall be in writing and shall be delivered to the addresses shown below: NCTCOG: North Central Texas Council of Governments Molly McFadden,Director of Emergency Preparedness 616 Six Flags Drive P. O. Box 5888 Arlington, Texas 76005-5888 HOST: City of North Richland Hills Mark Hindman City Manager 4301 City Point Drive North Richland Hills, TX 76180 The above contact information may be modified without requiring an amendment to the Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be executed by their authorized representatives as set forth below. CITY OF NORTH RICHLAND HILLS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Name: Mark Hindman Name Title: City Manager Title Date: Date Signature Signature Attest By: Alicia Richardson, City Secretary Approved to Form and Legality By: Maleshia B. Fanner, City Attorney Page 6 of 8 APPENDIX A ACCIDENT WAIVER, RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Big X That, in consideration of the 2016 North Central Texas Full-Scale Exercise (Big X) sponsored by the North Central Texas Council of Governments (NCTCOG) Emergency Preparedness Department allowing me to participate in the following named training: I, , do hereby knowingly and voluntarily RELEASE the North Central Texas Council of Governments and the Olson Group, LTD. (the sponsoring agencies of Big X 2016), as well as all organizations entering into site host agreements, their officials, agents, officers, directors, employees and licensees (`Released Parties") in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind arising out of, or in any way related to, my participation in such program including, but not limited to, claims arising out of my injury or death as well as claims arising out of the negligence of the Released Parties, I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event. Further, to the extent permitted by law, I agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims suits, demands, losses, damages and costs, including all expenses of litigation or settlement (including, but not limited to, court costs and attorney's fees) incurred by the Released Parties and which arise out of my participation in such program including my death or injury. This release and agreement to indemnify and hold harmless shall include suits in which I am named a co-defendant or am a cross-defendant or counter-defendant involving the loss of, damage to, or loss of use of any property owned or controlled by me or any other person or entity, including any claim presented by any person alleging negligence on the part of the Released Parties arising out of or occurring as a consequence of the Big X 2016 and the contracted sponsors allowing me to participate in any activity or activities relating to the full-scale exercise occurring on November 11-13, 2016 whether such injuries, deaths or damages are caused by the Released Parties' sole negligence or the joint negligence of the Released Parties, me or any other person or entity. Nothing herein is intended nor shall be deemed as a waiver of rights against my employer while acting in the course and scope of my employment. IT IS THE EXPRESS UNDERSTANDING of the Big X 2016 and the contracted sponsors and me that the release and indemnity provided for in this agreement is, to the extent permitted by law, an open and unequivocal commitment on the part of me, my assigns and heirs to release and indemnify the Released Parties for any and all losses sustained by the Released Parties as a consequence of Big X 2016 and the contracted sponsors allowing me to Page 7 of 8 participate in any activity or activities associated with my participation occurring November 11- 13, 2016, whether such losses are caused by my sole negligence, the joint negligence of me and the Released Parties, the joint negligence of the Released Parties and any other person, or the sole and exclusive negligence of the Released Parties. This Release, Indemnity and Hold Harmless Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I HAVE BEEN AFFORDED THE OPPORTUNITY TO ASK ANY AND ALL QUESTIONS THAT I HAVE CONCERNING THIS DOCUMENT AND SEEK THE ADVICE OF COUNSEL OF MY CHOOSING. I AM SIGNING IT OF MY OWN FREE WILL. Signature Printed Name Agency Name/Department Page 8 of 8 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: October 24,2016 Manager SUBJECT: Consider Resolution No. 2016-032, accepting the 2016 Dallas Fort Worth Arlington (DFWA) Urban Area Security Initiative (UASI) grant in the amount of $50,000. PRESENTER: Stan Tinney, Fire Chief SUMMARY: The City of North Richland Hills has been awarded funds from the 2015 Dallas Fort Worth Arlington (DFWA) Urban Area Security Initiative (UASI) grant for $50,000. These items are for the North East Fire Department Association (NEFDA) Hazardous Materials (HazMat) team that is housed at NRH. This grant will go towards the purchase of a new HazMatlD system which is used to identify substances when responding to calls with hazardous materials. GENERAL DESCRIPTION: The Northeast Fire Department Association (NEFDA) is comprised of fourteen (14) jurisdictions in northeast Tarrant and southern Denton counties. The cities in NEFDA are North Richland Hills, Richland Hills, Haltom City, Hurst, Grapevine, Southlake, Colleyville, Keller, Watauga, Bedford, Euless, Roanoke, Westlake, and Trophy Club. This grant is for the NEFDA Hazardous Materials (HazMat) team. This grant will go towards the purchase of a new HazMatlD system which is used to identify substances when responding to calls with hazardous materials. This item will be placed on the HazMat team vehicle housed at North Richland Hills. The grant requires no matching funds. RECOMMENDATION: Approve Resolution No. 2016-032, accepting the 2016 Dallas Fort Worth Arlington Urban Area Security Initiative grant in the amount of $50,000. RESOLUTION NO. 2016-032 WHEREAS, the City of North Richland Hills finds it in the best interest of the citizens of North Richland Hills, that the 2016 UASI-TC-North Richland Hills- NEFDA HazMat Equipment project be operated for the 2016 grant year; and WHEREAS, the City of North Richland Hills agrees that in the event of loss or misuse of the Office of the Governor funds, the City of North Richland Hills assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the City of North Richland Hills designates Fire Chief Stan Tinney as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the City of North Richland Hills approves submission of the grant application and acceptance of the grant award for the 2016 UASI-TC-North Richland Hills-NEFDA HazMat Equipment project to the Office of the Governor. BE IT FURTHER RESOLVED that the recitals above are hereby incorporated into and made a part of this Resolution. Passed and approved this the 24th day of October, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, Assistant City Attorney APPROVED AS TO CONTENT: Stan Tinney, Fire Chief Resolution No. 2016-032 Grant Number: 3154401 10/13/2016 Office of the Governor ___*** PREVIEW- Statement of Grant Award(SOGA)-PREN71EW***__. ______.. The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terns,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34,Part 1,Chapter 20, Subehapter I of the Texas Administrative Code,and the Uniform Grant Management Standards(UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency(TEMA), all information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept' button within the'Accept Award' tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number: 3154401 Award Amount: $50,000.00 Date Awarded: PREVIEW-AWARD NOT ACTIVE Grantee Cash Match: $0.00 Grant Period: 09/01/2016-08/31/2018 Grantee in Kind $0.00 Match: Liquidation 11/29/2018 Total Project Cost: $50,000.00 Date: Program Fund: HS-Homeland Security Grant Program (HSGP) Grantee Name: North Richland Hills, City of Project Title: 2016 UAST-TC-North Richland Hills-NEFDA HazMat Equipment Grant Manager: Will Ogletree DUNS Number: 097985824 CFDA: 97.067 -Homeland Security Grant Program (HSGP) Federal Awarding U.S. Department of Homeland Security,Federal Emergency Management Agency Agency: Federal 8/6/2016 Award Date: Federal/State Award ID EMW-2016-SS-00056 Number: Total Federal Award/State $80,593,000.00 1/2 10/13/2016 Office of the Governor Funds Appropriated: Pass Thru Texas Office of the Governor—Homeland Security Grants Division (HSGD) Entity Name: Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the Federal/State United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 Award core capabilities essential to achieving the National Preparedness Goal (the Goal)of a secure and resilient Description: Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community,but rather,require the combined effort of the whole community. ---List of Post-Award Conditions of Funding and Other Fund-Specific Requirements Hold Hold Condition of Funding/Project Requirement Date Date Met Project Line Created Funds Item Funds Resolution: Applications from nonprofit corporations, local units of govermnents, and other political subdivisions must submit a resolution electronically using the'Upload'function in the eGrants system. The resolution must contain the following: Authorization by your governing body for the submission of the application to OOG that clearly identifies the name of the project for which funding is requested; 7/21/2016 A commitment to provide all applicable matching fields; • A designation of the name and/or title of an authorized official who is given the authority to apply for, accept,reject, alter,or terminate a grant (Note: if a name is provided, you must update COG should the official change during the grant period.); and • A written assurance that, in the event of loss or misuse of grant funds,the governing body will return all funds to OOG. Other Condition of Funding.Financial Officer- The financial officer(FO) should be a senior level agency employee familiar with financial processes and generally accepted accounting principles. Based on the title of the employee listed in eGrants for this project, it is unclear whether the individual 8/31/2016 has the recommended skills and experience to fill this role related to the grant project.Please submit an adjustment to designate a new financial officer or provide the OOG Grant Manager with additional information about the individual assigned as TO for this project. 2/2 ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 24, 2016 SUBJECT: RP 2016-10 Public Hearing and consideration of a request from Kimley Horn and Associates, Inc. for a Replat of the Davis-North Tarrant Parkway Addition on 10.277 acres located at 8354 and 8358 Davis Boulevard and 9050 North Tarrant Parkway. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of North Richland Center I, L.P. and Sandcap Davis-N Tarrant, LLC, Kimley Horn and Associates is requesting approval of a replat of Lots 2R2R, 2R3R, and 2R8R, Block 1, Davis-North Tarrant Parkway Addition. This three-lot replat includes 10.227 acres located on the east side of Davis Boulevard and south side of North Tarrant Parkway. The plat is complete and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The site is currently undeveloped. The proposed replat is intended to revise the lot lines between three existing commercial lots to accommodate future development of the property. Access easements are being dedicated to provide cross-access for all lots to North Tarrant Parkway and Davis Boulevard. Several utility easements and access easements are being abandoned to correspond with the location of proposed water and sanitary sewer facilities for the property. 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. THOROUGHFARE PLAN: The property has frontage on Davis Boulevard and North Tarrant Parkway, which are both classified as a P6D Principal Arterial roadways. A P6D roadway is a six-lane divided roadway with a variable width ultimate right-of-way. At this location, the existing right-of-way for Davis Boulevard is 120 feet North Tarrant Parkway is 200 feet. Right-of-way dedication is not required on this replat. CURRENT ZONING: The property is currently zoned C-1 Commercial. This district is intended to provide for development of retail service, and office uses principally serving ?g1kH NORTH KICHL,AND HILLS community and regional needs. This C-1 district should be located on the periphery of residential neighborhoods and be confined to intersections of major arterial streets. It is also appropriate for major retail corridors as shown on the comprehensive plan. SURROUNDING ZONING I LAND USE: North: C-1 Commercial Retail West: C-1 Commercial Retail South: R-1 Single Family Residential Low Density Residential East: PD-69 Planned Development Retail PLAT STATUS: The property is currently platted as Lots 2R2, 2R3, and 2R8 1A, Block 1 , Davis-North Tarrant Parkway Addition. The proposed plat would revise the lot lines between the three lots. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission is scheduled to consider this item at their meeting on October 20, 2016. City Council will receive an update on the Commission's discussion and recommendation during staff's presentation of this item. RECOMMENDATION: Approve RP 2016-10. hiady Grove Rd North Tarrant Parkway �o .may O� ornW a r n pry, yp� li Y i n / J n i 1. ,n.au� /MiO/ M tly i / �/, W / xtl F p/ /�. �kMmm .may WN �qry � 1 a li II j d�ll F 4 r El - � rrOQrrprc Gaza Fry��F � ;�g a E > �t a ma v �': r S fr Yd s Sm � : c ` { a k 5 { F E a — a. Oz 7 K 6 1 y 1, o d cal d 1 s � I s \ an a : c I 5 s I I 9 5 III\ F ° _ 9 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 24, 2016 Subject: Approve Resolution No. 2016-031, supporting a Municipal Setting Designation (MSD) Application to the Texas Commission on Environmental Quality (TCEQ). Presenter: Mike Curtis, Managing Director Summary: Council is being requested to approve a resolution supporting the application to Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) on the properties located at 6700 Baker Blvd., 6750 Baker Blvd., 3204 Diana Dr., 3201 Diana Dr., 3200 Diana Dr., 6700 Rena Dr., 6724 Rena Dr., and adjacent city rights-of-way on Diana Dr., Rena Dr., Matthews Dr., and Rufe Snow Dr., Richland Hills, Texas. General Description: This agenda item is to approve Resolution No. 2016-031 supporting an application of the City of Richland Hills to the Texas Commission on Environmental Quality (TCEQ) for the properties located at 6700 Baker Blvd., 6750 Baker Blvd., 3204 Diana Dr., 3201 Diana Dr., 3200 Diana Dr., 6700 Rena Dr., 6724 Rena Dr., and adjacent city rights-of- way on Diana Dr., Rena Dr., Matthews Dr., and Rufe Snow Dr., Richland Hills, Texas. In 2003, the 78th Texas Legislature passed a Municipal Setting Designations (MSD) law that relates to potable groundwater and the requirements for removing contaminants from groundwater. The law authorizes the TCEQ to receive, process and then certify MSD applications for properties within contaminated groundwater. The goal of this law is to reduce corrective action requirements and associated costs for clean-up of contaminated groundwater that are not used as a potable water supply and are not likely to be used in the future. The approval of the MSD by the TCEQ does not mean the site will not be cleaned up; it just permits the ground water to be cleaned to non- drinking water standards. The City of Richland Hills is trying to obtain TCEQ approval for a MSD for properties located at 6700 Baker Blvd., 6750 Baker Blvd., 3204 Diana Dr., 3201 Diana Dr., 3200 Diana Dr., 6700 Rena Dr., 6724 Rena Dr., and adjacent city rights-of-way on Diana Dr., Rena Dr., Matthews Dr., and Rufe Snow Dr., Richland Hills, Texas for the construction of a new recreation center. The City of Richland Hills passed an ordinance on October 4, 2016 prohibiting the use of groundwater for potable purposes at the designated property. The application to the TCEQ will need to include resolutions from cities IqRH located within a 5-mile radius of the MSD property indicating support of the MSD. The cities have the choice to either support or not support the MSD application. Staff has reviewed the technical aspects of the application. Staff would recommend support of the resolution for the following reasons: 1. Based on the on-site groundwater investigation, the on-site shallow groundwater flow direction is towards southeast, away from North Richland Hills. In addition, the depth of on-site shallow groundwater encountered at the property is approximately 25 to 30 feet below the ground surface. The closest NRH water wells are located approximately 3.29 miles northeast of the subject property with well depths of ranging from 655 to 1 ,410 feet. 2. Considering the NRH water wells are located up-gradient to the subject property as well as the water well depths, the potential impact of the chemicals detected in the on-site shallow groundwater in NRH water wells is unlikely. 3. The contaminated groundwater is shallow and separated from another underlying body of deeper groundwater by a confining layer of rock. Therefore it does not threaten the deeper aquifers. Representatives for the applicant will be present at the Council Meeting to address any questions Council may have. Recommendation: Approve Resolution No. 2016-031. NNORTH RICHLANn HILLS RESOLUTION NO. 2016-031 A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 6700 BAKER BLVD., 6750 BAKER BLVD., 3204 DIANA DR., 3201 DIANA DR., 3200 DIANA DR., 6700 RENA DR., 6724 RENA DR., AND ADJACENT CITY RIGHTS-OF-WAY ON DIANA DR., RENA DR., MATTHEWS DR., AND RUFE SNOW DR., RICHLAND HILLS, TEXAS. WHEREAS, on October 4, 2016 the City Council of the City of Richland Hills, Texas, approved Ordinance No.1322-16, prohibiting the use of shallow groundwater for potable purposes at 6700 Baker Blvd., 6750 Baker Blvd., 3204 Diana Dr., 3201 Diana Dr., 3200 Diana Dr., 6700 Rena Dr., 6724 Rena Dr., and Adjacent city rights-of-way on Diana Dr., Rena Dr., Matthews Dr., and Rufe Snow Dr., Richland Hills, Texas; and WHEREAS, the City Council of the City of Richland Hills, Texas, made a finding that it is in the best interest of the public and the city to facilitate the efforts of the City of Richland Hills ("Applicant'), to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and WHEREAS, Applicant has filed an application with the TCEQ for certification of a municipal setting designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W, and have provided notice of such application to the City of North Richland Hills; and WHEREAS, Texas Health and Safety Code, § 361.8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the property for which the designation is sought; and WHEREAS, the City of North Richland Hills owns or operates groundwater supply wells located not more than five miles from the boundary of said Site; and WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community; NOW THEREFORE NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The City Council supports Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the 24th day of October, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Managing Director WATER UTILITY DATABASE (WUD) SITE MAP I / r �✓ I� l 1 f 1 � Watauga / 1 , �i � �// a/✓r i l/ n , r ' i Fortwortn � �/' / IIII Euless 4g�r. / /Haltom CITy �; // JJ 111faiaa ,//ii/111 r I� JJ i EIS/ I Target Property(rP) Richland Hills Community ® wuo Center N Richland Hills, Texas W yC,�E 76118 `� S 0' 4250' 8500' 12750' ,,,„, SCALE:1" 8500' Ge!pti.'^Ye'a'rch www.geo-searchxom-phone:888-396-0042-fay.,512-472-9967 JOB#:147709- 6/23/2016 �P'""' WATER UTILITY DATABASE(WUD) Distance from Property: 3.29 mi.NE PWSID: 2200063 SOURCE ID: G2200063B UTILITY NAME: CITY OF NORTH RICHLAND HILLS DATE DRILLED: 06/30/1959 SCREEN BOTTOM: 703.00' SCREEN TOP: 618.00' GALLONS PER MINUTE: 70 WELL STATUS: ACTIVE WATER USAGE: INACTIVE-EMERGENCY CCN: 10103 LONGITUDE: -97.198342000 LATITUDE: 32.843159000 OWNER'S NAME: CITY OF NORTH RICHLAND HILLS ADDRESS: 7301 NE LOOP 820 CITY: NORTH RICHLAND STATE:TX ZIP CODE: 761806949 Ge Search w w.geo-search.com -phone:888-396-0042-fax:512-472-9967 6 WATER UTILITY DATABASE(WUD) Distance from Property: 3.38 mi.NE PWSID: 2200063 SOURCE ID: G2200063A UTILITY NAME: CITY OF NORTH RICHLAND HILLS DATE DRILLED: 05/31/1958 SCREEN BOTTOM: 655.00' SCREEN TOP: 489.00' GALLONS PER MINUTE: 80 WELL STATUS: ACTIVE WATER USAGE: INACTIVE-EMERGENCY CCN: 10103 LONGITUDE: -97.196030000 LATITUDE: 32.843010000 OWNER'S NAME: CITY OF NORTH RICHLAND HILLS ADDRESS: 7301 NE LOOP 820 CITY: NORTH RICHLAND STATE:TX ZIP CODE: 761806949 Ge Search w w.geo-search.com -phone:888-396-0042-fax:512-472-9967 7 WATER UTILITY DATABASE(WUD) Distance from Property: 3.67 mi.NE PWSID: 2200063 SOURCE ID: G2200063D UTILITY NAME: CITY OF NORTH RICHLAND HILLS DATE DRILLED: 05/00/1972 SCREEN BOTTOM: 1,410.00' SCREEN TOP: 1,262.00' GALLONS PER MINUTE: 425 WELL STATUS: ACTIVE WATER USAGE: INACTIVE-EMERGENCY CCN: 10103 LONGITUDE: -97.212970000 LATITUDE: 32.857750000 OWNER'S NAME: CITY OF NORTH RICHLAND HILLS ADDRESS: 7301 NE LOOP 820 CITY: NORTH RICHLAND STATE:TX ZIP CODE: 761806949 Ge Search w w.geo-search.com -phone:888-396-0042-fax:512-472-9967 8 WATER UTILITY DATABASE(WUD) Distance from Property: 3.67 mi.NE PWSID: 2200063 SOURCE ID: G2200063C UTILITY NAME: CITY OF NORTH RICHLAND HILLS DATE DRILLED: 07/22/1959 SCREEN BOTTOM: 716.00' SCREEN TOP: 594.00' GALLONS PER MINUTE: 45 WELL STATUS: ACTIVE WATER USAGE: INACTIVE-EMERGENCY CCN: 10103 LONGITUDE: -97.213371000 LATITUDE: 32.857571000 OWNER'S NAME: CITY OF NORTH RICHLAND HILLS ADDRESS: 7301 NE LOOP 820 CITY: NORTH RICHLAND STATE:TX ZIP CODE: 761806949 Ge Search w w.geo-search.com -phone:888-396-0042-fax:512-472-9967 9 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: October 24, 2016 Manager SUBJECT: Approve annual Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY: Council is being asked to consider and approve the annual Interlocal agreement with the City of Fort Worth to participate in the Environmental Collection Center Household Hazardous Waste Program. GENERAL DESCRIPTION: The City of North Richland Hills has had an ongoing agreement with the City of Fort Worth which allows residents to dispose of Household Hazardous Water materials at the Environmental Collection Center (ECC) located at 6400 Bridge Street, Fort Worth, TX 76112. Neighborhood Services is asking Council to approve the agreement for a one year term through September 30, 2017, with one additional option to renew for another year. This agreement allows NRH residents to dispose of their household hazardous waste at no charge to the resident, but they will need to show either an NRH water bill or a driver's license with an NRH address. In this agreement NRH agrees to pay the City of Fort Worth $47.00 per household per visit plus any additional reimbursement should Fort Worth would have to repackage any items or clean up spills for the NRH participants. In FY16 there was an increase in the usage of the ECC primarily based on the fact that the residents were no longer required to obtain a voucher from the Neighborhood Services Department prior to dropping off their items. NRH's participation cost for the first three quarters of FY16 was $11,800.00. It is anticipated that the total cost for FY16 will be $16,000.00 Also with this program the Neighborhood Services Department will be scheduling the Crud Cruiser to come into our community in 2017 so that our residents may have a more convenient drop off. RECOMMENDATION: Approve annual Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program. INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM FY2017 INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "Fort Worth," acting by and through Fernando Costa, its duly authorized Assistant City Manager and the City of North Richland Hills, hereinafter referred to as "Participating City' and located in Tarrant County, Texas acting herein by and through Mark Hindman its duly authorized City Manager. (Name) (Title) DELIVERY OF NOTICES Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Cody Whittenburg, Environmental Program Manager Code Compliance—Environmental Management Division City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Participating City: Stefanie Martinez, Director Neighborhood Services Department City of North Richland Hills 4301 City Point Or North Richland Hills,TX 76180 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 2 of 23 OPERATIONAL CONTACTS Participating City's Operational Contact Persons: Designated person is: Stefanie Martinez telephone number: 817-427-6655 Mobile phone number(24-hour) where 4t@/she can be reached: 817-880-4761 Email Address: smartinez@nrhtx.com Alternate person is: Debbie York telephone number: 817-427-6651 Mobile phone number(24-hour) where he or she can be reached: 817-475-3074 Email Address: dvorkOnrhtx.com VOUCHER UTILIZATION The Participating City: DOES wish to use a voucher system for its residents visiting the ECC or a mobile event. X_ DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event. If a voucher system is used only residents with an official voucher provided by Participating City will be allowed to drop wastes off at the ECC or at mobile events in Participating City. A copy of the official voucher must be attached to this agreement. INVOICE DELIVERY Invoices to Participating City shall be delivered to: Stefanie Martinez Name Neighborhood Services Department Department(if applicable) 4301 City Point Drive Street Address or PO Box North Richland Hills, TX 76180 City,State,ZIP smartinez @nrhtx.com; dvork @nrhtx.com email address for billing questions and correspondence 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 3 of 23 Participating City shall notify Fort Worth in writing if the above contact information changes during the term of this Agreement. WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another local government to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Code Compliance- Environmental Management Division facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental damages means all claims,judgments, damages, losses, penalties,fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of 2017 InterlocaI Agreement—Fort Worth Household Hazardous Waste Program Page 4 of 23 this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death,or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to,the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Force maieure means decrees of or restraints by a governmental instrumentality other than the Parties, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, floods, extreme weather, riots, war, rebellion, and sabotage. 2017 InterlocaI Agreement—Fort Worth Household Hazardous Waste Program Page 5 of 23 Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) that must accompany shipments of municipal hazardous waste or Class 1 industrial solid waste. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. Mobile Collection Units owned by Fort Worth are designed to hold the hazardous waste of approximately 50 to 75 households. Participating City means the municipality which has entered into this agreement with the City of Fort Worth. Participating Entities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act, its amendments, associated case law, and state counterparts. CPR-cardiopulmonary resuscitation DOT- United States Department of Transportation ECC— Fort Worth Environmental Collection Center EPA- United States Environmental Protection Agency HAZCAT- hazardous categorization HAZWOPER- hazardous waste operations and emergency response and the training, certification, and legal requirements associated therewith 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 6 of 23 HM - hazardous materials HHW- household hazardous waste MCU - Mobile Collection Unit TCEQ—Texas Commission on Environmental Quality 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from October 1, 2016 or the date the last party has signed this Agreement, whichever is later, through September 30, 2017; however, the duties and responsibilities of the Parties for events which occurred during the term of the contract shall survive. If Participating City has mobile collection events scheduled during the months of October through December 2017 and this Agreement has not been renewed by the end of the regular term, this agreement shall be extended on a month to month basis until the mobile collection events have been completed or cancelled by Participating City. In addition, this agreement may be extended by the duly authorized, mutual, and written agreement of the parties for one (1) additional one-year term. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; wastes from businesses; or any other wastes that Fort Worth has determined are unacceptable. Commercial waste is never accepted by Fort Worth. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 7 of 23 C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste that is collected at the ECC or during mobile collection events. D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a mobile collection event. F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at mobile collection events. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Mobile Collection Events Participating City may schedule a mobile collection event to be operated by Fort Worth personnel using one of Fort Worth's MCUs or conduct their own mobile collection events using either Participating City's MCU or Fort Worth's Reserve MCU (as available). State regulations require notification to the Texas Commission on Environmental Quality (TCEQ) at least 45 days prior to conducting the event. 1. Fort Worth Operated Events: If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Participating City shall contact the ECC as soon as possible for a list of available dates. The time and location shall be agreeable to both parties. Participating City may schedule one mobile collection event each contract year. Fort Worth will file notification of the event with TCEQ as required by 30 TAC§335.401 (a) Scheduling Events Fort Worth will begin scheduling mobile collection events for the 2017 calendar year on January 9, 2017. To ensure proper notification to TCEQ, events must be scheduled at least sixty (60) days ahead of the proposed date. Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first come first served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another city and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. Only one mobile collection event using Fort Worth staff and equipment per city is entitled under this contract. Additional events may be accommodated if feasible. (b) Location 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 8 of 23 If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property sixty (60) days prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth sixty (60) days before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth sixty (60) days before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. All events must be held on an impervious surface. (c) At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept for proper transport back to the ECC. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damages or recovery of any costs, except as provided herein. (d) Due to limited storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's MCU shall not also be at the event. (e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather,the threat of adverse weather, or other hazardous conditions including but not limited to sleet, snow, rain, mist, or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall attempt to notify persons listed herein as an "Operational Contact" by the Participating City and shall attempt to send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste that the Fort Worth Mobile Collection Unit will not be coming to the event, but the resident can go to the ECC to dispose of the waste. A map with directions to the ECC also will be provided. (f) The Participating City agrees to collect collection data at the MCU and provide Fort Worth with a list of total MCU participants and total quantities of wastes listed in an Excel spreadsheet in a template provided by Fort Worth as Exhibit C, within ten (10) days of the mobile collection event. No vouchers, sign-in sheets, or copies of either will be accepted by Fort Worth. 2. Participating City Mobile Collection Unit: (a) Fort Worth agrees to accept household hazardous waste from mobile collection events conducted by Participating City using Participating City's MCU in accordance with the terms of this Agreement. 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 9 of 23 (b) Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "A," attached and incorporated herein as if set forth. 3 Loan of the Reserve Mobile Collection Unit The reserve MCU is a specially designed and equipped thirty-six (36) foot gooseneck box-trailer and one (1) ton pickup owned by Fort Worth. Participating City may request the loan of Fort Worth's Reserve MCU free of charge for use in a Household Hazardous Waste collection event when available. Participating City may use the Reserve MCU to transport HHW to Fort Worth's ECC or another collection center that may lawfully receive HHW. Participating City shall provide Fort Worth with a written request, facsimile or e-mail, at least sixty (60) days prior to the event date for which the request is made. Fort Worth shall have sole determination whether the Reserve MCU is available for use by Participating City and shall notify Participating City as soon as is reasonably practicable of such decision. Fort Worth shall not participate in nor be responsible for any part of the Participating City's HHW Collection Event unless and except by written mutual agreement. (a) Fort Worth shall disclose any known problems the Reserve MCU may have in performing the tasks necessary for the HHW Collection Event. Prior to issuance of the Reserve MCU, a pre-trip inspection for potential maintenance problems will be preformed by Fort Worth. Also, both parties will complete a pre-trip aesthetic assessment. Participating City shall be responsible for all certifications and insurance necessary for the proper operation of the Reserve MCU. (b) Participating City agrees to maintain and return the Reserve MCU in as good condition as it was in when Participating City took possession for use. Participating City shall return the Reserve MCU to Fort Worth in a timely manner and as mutually agreed upon. (c) Participating City shall be responsible for all property damage, personal injury, or death caused by Participating City's employees, volunteers, contractors, or agents and arising out of the use of the Reserve MCU during the term of this Agreement. (d) It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 10 of 23 Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection Operational Contact to interact with Fort Worth as designated on the signature page to this contract. B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency, and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. If Participating City chooses to use such a system, it shall designate so herein and include a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection event, and shall provide personnel to assist Fort Worth with the offloading of material, surveys, and screening of persons dropping off household hazardous waste. Prior to the event, the parties shall agree upon the details of the traffic control, signage, and personnel assistance. G. If a Participating City resident presents waste that was collected from multiple households, Fort Worth reserves the right to charge the Participating City based on the total number of households from which the waste originated even if the resident has only one voucher. H. Participating City shall provide a means for disposing of solid waste (e.g. boxes, trash, containers) on site during a mobile collection event. I. Mobile Collection Events using Participating City's MCU or Reserve MCU 1. Participating City is responsible for proper notification to TCEQ as required by 30 TAC §335.403. 2. Participating City shall advise the ECC at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 11 of 23 radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; or any other wastes that Fort Worth has determined are unacceptable. 3. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 4. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. S. The Participating City's MCU operators shall package all hazardous materials in accordance with DOT requirements, EPA requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil-based paints and latex paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 6. Prior to transporting the HHW from the collection event site, Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 7. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 8. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC manager or his/her designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the Participating City's MCU and store the unit at the ECC. After being contacted, Participating City shall pickup their unit within 10 days. 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 12 of 23 9. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth herein. 10. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth herein. 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, from the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS,THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating City, its employees, residents, or any other person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT: 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 13 of 23 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; S. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS. D. Participating City shall contact the ECC manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS. 1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY , OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. 2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL NOT ACCEPT, NOR ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE REUSED OR RECYCLED MATERIALS AND SHALL NOT BE REQUIRED TO AGREE TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1. and accept alternate term 7.E.2. F. In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 14 of 23 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE,ALL WARRANTIES, EXPRESS AND IMPLIED,ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. S. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City or Participating City's resident, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 15 of 23 A. Hours of Operation During the term of the Agreement, the ECC's hours of operation are as follows: Thursday and Friday 11:00 a.m. -7:00 p.m. Saturday 9:00 a.m. -3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following holidays that are observed on days the ECC would otherwise be open to the public: Thanksgiving holiday, Thursday and Friday, November 24-25, 2016 Christmas holiday, Saturday, December 24, 2016 New Year's holiday,Saturday, December 31, 2016 In addition to the above closures Fort Worth employees may not be available to conduct mobile collection events on other dates to conduct mobile collections within the City of Fort Worth, although the ECC will remain open on those days. The ECC may close due to furlough days or other causes, and the City of Fort Worth does not represent to Participating City that the ECC will be open on any particular days. If additional closures due to any cause are necessary Fort Worth will notify Participating City prior to the closure unless due to an unforeseeable event. C. Notifying Residents Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed. Participating City also may advertise the 24-hour Environmental Collection Center telephone number: 817-392-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: A. Participating City agrees to pay Fort Worth the sum of$47.00 per household per visit to the ECC (or per participating household in a Mobile Collection Event) to dispose of household hazardous waste. If a Participating City resident presents waste that was collected from multiple households, Fort Worth reserves the right to charge the Participating City based on the total number of households from which the waste originated. B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for its staff time at$20.00 an hour and the cost of supplies. C. If a spill emanating from the Participating City's MCU or the Reserve MCU occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 16 of 23 response and Participating City will reimburse Fort Worth for its response costs for City staff time ($60.00 per hour) plus the cost of supplies and the actual costs for the spill response and remediation incurred by the City of Fort Worth for third party contractors and responding governmental agencies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of"Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestie,"`Scrub," and "Van God") and the recycling buddies ("Scrappy," "Juggles," and "Cana Nana"), "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 17 of 23 writing to obtain written consent before modifying or changing any artwork and/or promotional materials. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" "REUSE OF COLLECTED MATERIALS" and ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND "PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any terms and conditions arising from events occurring during the term of the contract . 15. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 16. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 18 of 23 not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County,Texas. 18. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 19. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. CITY OF FORT WORTH CITY OF NORTH RICHLAND HILLS By: By: Fernando Costa Printed name: Mark Hindman Assistant City Manager Title: City Manager Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY: AND LEGALITY: Arthur N. Bashor Maleshia Farmer Assistant City Attorney City Attorney,'"__ _t_4 G`; 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 19 of 23 ATTEST: ATTEST: Mary J. Kayser Alicia Richardson City Secretary City Secretary Contract Authorization Date 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 20 of 23 Exhibit"A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material Amount Restocked Special Needs Remarks 55 gallon open top drums Amount taken off the (open top for loose packs) trailer 55 gallon drums(closed Amount taken off the top) (oil,antifreeze, bulk trailer flammable materials and one extra) Fiber drums(55 or 30 Amount taken off the gallon)Aerosols, acids, trailer bases and oxidizers) Gaylord box liners(plastic) Amount taken off the trailer 55 gallon drum liners Amount taken off the trailer 5 gallon buckets Amount taken off the (filters/haz chemicals) trailer Survey Forms Amount taken off the trailer Labels/drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials& Amount needed Brochures 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 21 of 23 Exhibit °B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the , 20. 1 hereby give my permission to the City of and the City of Fort Worth, to hold a household hazardous waste collection event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the City of and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or employees and the City of or its officers, agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the City of to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. Signature Date Witness Date 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 22 of 23 Exhibit °C" MOBILE COLLECTION DATA FORMAT Z a I '8 d: 3 41 12, 12 'a 0 2017 Interlocal Agreement—Fort Worth Household Hazardous Waste Program Page 23 of 23 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: October 24, 2016 Manager SUBJECT: Consider Ordinance No. 3434, Gas Franchise Agreement with Atmos Energy Corporation. PRESENTER: Karen Bostic, Assistant City Manager SUMMARY: The current 25-year gas franchise with Atmos Energy Corporation will expire December 31, 2016. Council is being asked to consider a new gas franchise agreement with Atmos Energy Corporation with an effective date of January 1, 2017. GENERAL DESCRIPTION: The current gas franchise was approved by City Council on December 16, 1991. The franchise was for a term of 25 years with a 4% franchise fee being paid for the use of City rights-of way. In September 2008, the franchise agreement was amended to increase the franchise fee paid by Atmos to 5%. The additional 1% franchise fee revenue was designated by City Council to go to the Crime Control District. The basic terms and conditions of the proposed franchise agreement are the same as the current one. It includes an initial term of 10 years, expiring on December 31, 2026. Unless written notice of its intent to renegotiate is provided by either the City or Atmos at least one hundred eighty (180) days prior to the expiration of the term, the Franchise shall be extended for up to two (2) additional terms of five (5) years each on the same terms and conditions as the initial agreement. The franchise fee to be paid to the City for the use of City rights-of-way is 5%. The attached Ordinance was negotiated by Ashley Dierker with Taylor Olson Adkins Sralla Elam and has been reviewed by City Attorney Maleshia Farmer. RECOMMENDATION: Approve Ordinance No. 3434. ORDINANCE NO. 3434 AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY; AND PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF CERTAIN OTHER FEES AND CHARGES. WHEREAS, Atmos Energy Corporation ("Grantee") is engaged in the business of providing gas utility service within the City of North Richland Hills, Texas and is using the Public Rights-of-Way for that purpose under the terms of an ordinance granting a franchise agreement and ordinance heretofore duly passed by the governing body of the City; and WHEREAS, the franchise will expire in December 2016 and the City and Grantee desire to enter into a new franchise agreement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. GRANT OF AUTHORITY. (A) That the City hereby grants to Grantee consent to use and occupy, subject to the terms hereof, the Public Right-of-Way, for the purpose of laying, maintaining, constructing, protecting, operating, and replacing therein and thereon pipelines and all other appurtenant equipment to deliver, transport and distribute gas in, out of, and through City for persons, firms, and corporations, including all the general public, and to sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, as such limits may be amended from time to time during the term of this Franchise. (B) The provisions set forth in this Ordinance represent the terms and conditions under which Grantee shall construct, operate, and maintain its System facilities within the City. Grantee, by its acceptance of this Franchise, agrees that all such lawful regulatory powers —and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time. (C) This Franchise does not grant to the Grantee the right, privilege or authority to engage in any other activities within the City other than those set forth in Section 1(A). Page 1 SECTION 2. DEFINITIONS. For the purpose of this Franchise, the following words and phrases shall have meaning given in this Section. When not inconsistent with the context, words used in the present tense include future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this Section shall be given their common and ordinary meaning. "Affiliate" means any entity controlling, controlled by or under common control with the entity in question. As used in this definition, the term "control' means, with respect to an entity that is a corporation, the ownership, directly or indirectly, of more than 50% of the voting securities of such entity or, with respect to an entity that is not a corporation, the power to direct the management or policies of such entity, whether by operation of law, by contract or otherwise. "City" means the municipal corporation designated as the City of North Richland Hills, Texas and includes the territory as currently is or may in the future be included within the boundaries of the City, with its principal office at 4301 City Point Drive, North Richland Hills, Texas 76180. "Franchise" or "Agreement' means the rights and obligations of the City and the Grantee set forth in this Franchise Ordinance, as the same may be amended from time to time, and includes those rights and duties provided under the laws of Texas and of the United States. "Gas" means such gaseous fuels as natural, artificial, synthetic, liquefied natural gas, liquefied petroleum, manufactured, or any mixture thereof. "Grantee" means Atmos Energy Corporation, but does not include its affiliates, subsidiaries or any other entity in which it has an ownership interest, with its principal office at 5430 LBJ Freeway, Dallas, Texas 75240. "Gross Revenues" means all revenue derived or received, directly or indirectly, by the Grantee from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: (A) all revenues received by the Grantee from the sale of gas to all classes of customers within the City (excluding gas sold to another gas utility in the City for resale of gas to its customers within City); (B) all revenues received by the Grantee from the transportation of gas through the pipeline system of Grantee within the City to customers located within the City (excluding any gas transported to another gas utility in City for the sale of gas to its customers within City); Page 2 (C) the value of gas transported by Grantee for transport customers through the System of Grantee within the City ("Third Party Sales"), (excluding the value of any gas transported to another gas utility in City which has executed a franchise agreement with the City for the sale of gas to its customers within City), with the value of such gas to be established by utilizing Grantee's monthly weighted average cost of gas charged to industrial customers in the Mid-Tex division, as reasonably as is possible near the time as the transportation service is performed; and (D) "Gross Revenues" shall also include amounts collected from customers for fees paid to the City pursuant to this Agreement and the following "miscellaneous charges": charges to connect, disconnect, or reconnect gas and charges to handle returned checks from consumers within the City and State gross receipts fees. (E) "Gross Revenues" shall not include: (1) revenues billed but not ultimately collected or received by Atmos Energy; (2) contributions in aid of construction; (3) the revenue of any affiliate or subsidiary of Atmos Energy; (4) sales tax paid to the City; (5) interest or investment income earned by Atmos Energy; and (6) monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's right-of-way. "Public Rights-of-Way" means the public streets, medians, boulevards, roads, lanes, alleys, highways, public utility easements, viaducts, and bridges across water ways and other public places that are deeded or dedicated to the City and are available for Grantee's use. "Railroad Commission" means the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Railroad Commission. "Residents" means all persons, businesses, industry, governmental agencies, and any other entity whatsoever, located, in whole or part, within the City that are or may be served by the Grantee hereunder. "System" and/ or "System facilities" means all of the Grantee's pipes, pipelines, gas mains, laterals, feeders, regulators, meters, fixtures, connections or other appurtenant equipment used in or incident to providing delivery, transportation, distribution, and sales of natural gas for heating, lighting and power. Page 3 SECTION 3. USE OF RIGHT-OF-WAY. (A) The grant to Grantee in Section 1 is subject to the terms and conditions contained herein, the Texas Constitution, the City's ordinances, all as amended, and subject to applicable and controlling local, state, and federal laws, including the rules and regulations of any and all agencies thereof, whether presently in force or whether enacted or adopted at any time in the future. This Franchise Agreement shall in no way affect or impair the rights, obligations, or remedies of the parties under the Texas Public Utility Regulatory Act, other state or federal law, or the Texas Constitution. Nothing herein shall be deemed a waiver, release or relinquishment of either party's right to contest, appeal, or file suit with respect to any action or decision of the other party, including ordinances adopted by the City, that Grantee believes is in violation of any federal, state, or local law or regulation. (B) Grantee shall provide reasonable notice to the City of planned work within the Public Right-of-Way and shall, except in cases of emergency conditions, obtain a permit if required by the City's ordinances before commencing work. If so required, Grantee shall comply with permitting requirements that do not conflict with this Ordinance; provided however Grantee or contractors working on behalf of Grantee shall not be required to pay fees related to its use of the public right-of-way other than in accordance with Section 7 hereof. (C) The location of all pipes, mains, laterals, and other equipment shall be subject to approval by the City Administrator or designee prior to construction; provided however, said approval shall not be unreasonably withheld. In the event of a conflict between the location of the facilities of Grantee and the location of the facilities of City or other utility franchisees within the Public Rights-of-Way that cannot be resolved, the City Administrator or designee shall resolve the conflict and determine the location of the respective facilities. Grantee shall not interfere with power, telephone, cable, or water facilities, sanitary or storm sewer facilities, or other municipal or public use of the Public Right-of-Way. Grantee has the right to request City Council review of any actions concerning Grantee's use of the Public Right-of-Way. City shall provide Grantee with its annual capital improvements plan as well as any updates or changes as soon as the plan, update, or change becomes available. City shall notify Grantee as soon as reasonably possible of any projects that will affect Grantee's facilities located in the Public Rights-of-Way. (D) The Grantee shall construct, maintain, and operate its System facilities in a manner which provides reasonable protection against injury or damage to persons or property. (E) When the Grantee is required by City to remove or relocate its mains, laterals, and other facilities to accommodate construction of streets and alleys by City, and Grantee is eligible under Federal, State, County, City or other local agencies or programs for reimbursement of costs and expenses incurred by Grantee as a result of such removal or relocation, and such reimbursement is required to be handled through Page 4 City, the City shall include Grantee costs and expenses in an application by City for reimbursement only when the City applies for a grant or program where the eligible relocation costs are delineated separately such that the City has constructive notice that Grantee relocation costs are eligible for reimbursement and only if Grantee submits a request together with its cost and expense documentation to City a reasonable time prior to the filing of the application. City shall provide reasonable notice to Grantee of the deadline for Grantee to submit documentation of the costs and expenses of such relocation to City. In the event that the City makes application for and receives reimbursement for a project where the Grantee's relocation costs and expenses are delineated separately as set forth above and does not provide sufficient notice to Grantee as set forth in this paragraph, the City shall be responsible for fifty percent (50%) of the cost of the removal or relocation of Grantee's facilities. In the event that the City receives only a portion of any reimbursement costs sought and the reimbursement received is not delineated separately such that Grantee's eligible relocation costs are clearly noted, the City will reimburse Grantee only after the City's costs have been paid in full. When Grantee is required to remove or relocate any System facility without reimbursement, Grantee shall have the right to seek recovery of relocation costs as provided for in applicable state and/or federal law. Nothing herein shall be construed to prohibit, alter, or modify in any way the right of Grantee to seek or recover a surcharge from customers for the cost of relocation pursuant to applicable state and/or federal law. City shall not oppose recovery of relocation costs when Grantee is required by City to perform relocation. City shall not require that Grantee document request for reimbursement as a pre-condition to recovery of such relocation costs. Upon receipt of reimbursement from an agency or program as outlined above, the City shall remit to the Grantee, within thirty (30) days of receipt, its portion related to the relocation or removal of its facilities only if the reimbursement received delineates separately Grantee's eligible relocation costs or the City's costs have been paid in full. Notwithstanding the foregoing, City shall not be responsible for reimbursement of any relocation costs if Grantee secures or is eligible to secure reimbursement of eligible costs from any other source other than through a statutory rate mechanism or other rate mechanism adopted by the City. This paragraph applies exclusively to the Grantee's recovery of its relocation costs and, except as provided in Section 7(D), nothing herein shall prohibit the City from denying or opposing a request by Grantee to increase or modify its other rates, charges, fees, or tariffs (F) City may request Grantee to relocate any part of its System facilities installed or maintained in the Public Right-of-Way to accommodate construction or improvement of a highway, road, street, public way, or other public work procured by City, which is not undertaken primarily for beautification or to accommodate a private developer. Grantee and City agree that a project is not undertaken primarily for beautification unless more than fifty percent (50%) of the project costs are allocated to costs unassociated with those required to meet City standards for highway, road, street, public way, or other public work, including costs associated with water, sewer, drainage, paving and subgrade, curb and gutter, and sidewalk construction. Grantee shall be responsible for bearing the costs of such relocation to the extent that proposed City facilities are determined to be in conflict with Grantee's existing facilities and as Page 5 permitted by local, state or federal law. Such relocation shall be made by the Grantee within a reasonable period of time not to exceed sixty (60) days after notice of request from City unless otherwise specifically agreed to by the City or unless Grantee certifies to the City in writing that no conflict exists between its facilities and the proposed City facilities. Should Grantee submit evidence that it is unable to complete the relocation within said time due to no fault of Grantee, the City Administrator or designee may agree with Grantee to extend such time. City and Grantee shall collaborate on designs where there is the potential need for facilities to be relocated to a depth of greater than four feet (4'). Should Grantee have concerns regarding whether the requested placement of facilities is unsafe or inconsistent with the gas distribution industry standard safe operating practices, Grantee shall provide the City with information detailing and substantiating such concerns and work with City on a solution acceptable to both parties. Should Grantee certify that no conflict exists and it is later determined that Grantee's facilities conflict with proposed City facilities resulting in a delay in the construction of City facilities, Grantee shall reimburse City for all expenses incurred as a result of the delay. Should Grantee agree to relocate any part of its System facilities and fail to perform the relocation causing a delay in the construction of City facilities, Grantee shall reimburse City for all expenses incurred as a result of the delay. (G) Following relocation, Grantee shall repair, according to City specifications, clean up, and restore to the condition it was in before being disturbed, all Public Rights- of-Way disturbed during the construction and repair of its System at its expense. (H) The installation and replacement of any System facilities in Public Right- of-Way by the Grantee shall be subject to inspection and approval by the City. The repair and maintenance of any System Facilities in Public Right-of-way by the Grantee shall be subject to inspection by the City. The Grantee agrees to cooperate fully with the City in conducting the inspection. Such inspections shall be conducted within a reasonable time after completion of the project. The Grantee shall promptly perform reasonable remedial action required by the City pursuant to such an inspection. Notwithstanding anything in this Section to the contrary, the authority to regulate and inspect the Grantee's System for compliance with the provisions of Part 192 of Title 49 of the Code of Federal Regulations is hereby reserved to those federal and state authorities having jurisdiction thereunder and nothing herein is intended to confer any such authority to City unless expressly provided under applicable law. (1) The City reserves the right to lay and permit to be laid, power, sewer, Gas, water, and other pipe lines or cables and conduits, and to do and permit to be done, any underground and overhead work that may be deemed necessary or proper by the City in, across, along, over, and under any Public Right-of-Way occupied by Grantee, and to change any curb or sidewalk or the grade of any street. (J) If City abandons any Public Rights-of-Way in which Grantee has facilities, such abandonment shall be conditioned on Grantee's right to maintain its use of the former Public Right-of-Way and on the obligation of the party to whom the Public Right- of-Way is abandoned to reimburse Atmos Energy for all removal or relocation expenses Page 6 if Grantee agrees to the removal or relocation of its facilities following abandonment of the Public Right-of-Way. If the party to whom the Public Right-of-Way is abandoned requests Atmos Energy to remove or relocate its facilities and Atmos Energy agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. If relocation cannot practically be made to another Public Right-of-Way, the expense of any right-of-way acquisition shall be considered a relocation expense to be reimbursed by the party requesting the relocation. SECTION 4. INDEMNIFICATION AND INSURANCE. (A) IN CONSIDERATION OF THE GRANTING OF THIS FRANCHISE, GRANTEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (THE "INDEMNITEES") FROM AND AGAINST ALL SUITS, ACTIONS, LIABILITY, OR CLAIMS OF INJURY TO ANY PERSON OR PERSONS, OR DAMAGES TO ANY PROPERTY BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY DEATH, INJURIES TO, OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR FOR DAMAGE TO OR LOSS OF PROPERTY ARISING OUT OF, OR OCCASIONED BY GRANTEE'S INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS IN CONNECTION WITH GRANTEE'S OPERATIONS; THIS INDEMNIFICATION SHALL APPLY WHETHER OR NOT THE CITY, ITS AGENTS, OFFICERS OR EMPLOYEES WERE NEGLIGENT. (B) IT IS THE INTENT OF THE PARTIES BY AGREEMENT TO THIS SECTION 4 THAT IF A CLAIM IS MADE IN ANY FORUM AGAINST INDEMNITEES FOR ANY OF THE REASONS REFERRED TO IN SECTION 4(A), AND UPON RESOLUTION OF THE CLAIM: (1) THERE IS NO FINDING BY A COURT OF COMPETENT JURISDICTION THAT INDEMNITEES WERE NEGLIGENT IN CONNECTION WITH ANY OF THE REASONS REFERRED TO IN SECTION 4(A), GRANTEE SHALL HOLD INDEMNITEES HARMLESS AND INDEMNIFY THEM FOR ANY DAMAGE, LOSS, EXPENSE, OR LIABILITY RESULTING FROM THE CLAIM, INCLUDING ALL REASONABLE ATTORNEY'S FEES, COSTS, AND PENALTIES INCURRED; OR (2) THERE IS A FINDING BY A COURT OF COMPETENT JURISDICTION THAT GRANTEE AND INDEMNITEE WERE BOTH NEGLIGENT IN CONNECTION WITH ANY OF THE REASONS REFERRED TO IN SECTION 4, INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. (C) This Section does not waive any governmental immunity available to the City under Texas law. This Section is not intended to create a cause of action or liability for the benefit of third parties, but is solely for the benefit of the Grantee and the City. This Section is not intended to limit the ability of City or Grantee to settle claims through alternative dispute resolution. Page 7 (D) If any action, suit or proceeding is brought against the City, its agents and employees, upon any claim arising out of Grantee's operations, City shall give notice in writing to Grantee by registered or certified mail. The City agrees to reasonably cooperate with Grantee in connection with such defense. (E) Promptly after receipt by an Indemnitee of any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation as to which the indemnity provided for in Section 4(A) hereof may apply, the Indemnitee shall notify the Grantee in writing of such fact. Grantee shall assume the defense thereof with counsel designated by Grantee and reasonably satisfactory to the Indemnitee. (F) Should an Indemnitee be entitled to indemnification under this Section (4) hereof as a result of a claim by a third party, and Grantee fails to assume the defense of such claim, the Indemnitee will, at the expense of Grantee, contest (or, with the prior written consent of Grantee, settle) such third party claim. (G) Grantee shall insure its obligations and risks undertaken pursuant to this Franchise in the form of a formal plan of self-insurance maintained in accordance with sound accounting and risk-management practices, or, at its option, maintain the following insurance coverages throughout the term of this Franchise: (1) Commercial general or excess liability with minimum limits of five million dollars ($5,000,000.00). To the extent that coverage is maintained on a claims made form, the minimum limits are ten million dollars ($10,000,000) per occurrence and twenty million dollars ($20,000,000) aggregate. This coverage shall include the following: (a) Completed operations to be maintained for one (1) year. (b) Personal and advertising injury. (c) Contractual liability. (d) Explosion, collapse, or underground (XCU) hazards. (2) Automobile liability coverage with a minimum policy limit of one million dollars ($1,000,000.00) combined single limit. This coverage shall include all owned, hired, and non-owned automobiles. Pollution liability insurance, with a minimum coverage of ten million dollars ($10,000,000) per occurrence shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Such insurance shall provide coverage for clean-up costs. (H) Prior to commencement of operations pursuant to this Agreement, the Grantee shall furnish the City with proof of insurance. (I) The Grantee will require its self-insurance to respond to the same extent as if the City as an additional insured and waive subrogation rights against the City. Page 8 SECTION 5. GAS SERVICE. (A) Grantee shall be required to extend distribution mains in any Public Rights-of-Way up to one hundred feet (100') for any one residential customer only if such customer, at a minimum, uses gas for unsupplemented space heating and water heating. Grantee shall not be required to extend transmission mains in any Public Right- of-Way within City or to make a tap on any transmission main within City, unless Grantee agrees to such extension by a written agreement between Grantee and a customer. (B) Grantee shall keep and maintain its books, records, contracts, accounts, documents, and papers in any way related to this Franchise Ordinance and shall make them available for inspection by City officials and employees upon reasonable notice. (C) The Grantee shall install, repair, maintain, and replace its Facilities in a good and workmanlike manner. (D) Grantee shall take such measures which will result in its Facilities meeting the standards required by applicable federal, state, and environmental laws. SECTION 6. NON-EXCLUSIVE FRANCHISE. The rights, privileges, and franchises granted by this Ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of transporting, delivering, distributing, or selling gas to and for City and the inhabitants thereof. SECTION 7. CONSIDERATION AND METHOD OF PAYMENT. (A) Grantee shall pay City on or before the 1st day of April, 2017, and on or before the same day of each succeeding year during the term of this Franchise the last payment under the initial term being made on the 1st day of April, 2026, five percent (5%) of the Gross Revenues received by Grantee during the preceding calendar year. (B) Grantee shall make the initial payment of the Franchise Fee pursuant to this Ordinance for the privilege period from January 1, 2017 through December 31, 2017, based on the Gross Revenues during the preceding calendar year (January 1, 2016 to December 31, 2016). Each subsequent payment shall be made on April 1 based on the calendar year preceding the year in which the payment is made, with the final payment under the initial term being due on April 1, 2026. Payments taking place prior to the effective date of this Ordinance shall be made in accordance with the previous franchise agreement. (C) Grantee agrees that at the time of each payment, Grantee shall also submit to the City a statement showing its Gross Revenues for the calendar year in Page 9 which payment is made from the sale of gas to its customers, including but not limited to residential, commercial, and industrial customers, within said corporate limits, including the amount of revenues received by Grantee for the transportation of gas. (D) Grantee may file with the City a tariff or tariff amendment(s) to provide for the recovery of the Franchise Fees under this agreement. City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such Franchise Fees as part of Grantee's rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Grantee's Franchise Fees is an issue, the City will take an affirmative position supporting one hundred percent (100%) recovery of such Franchise Fees by Grantee and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the one hundred percent (100%) recovery of such Franchise Fees by Atmos Energy. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such Franchise Fees by Grantee. This paragraph applies exclusively to the City's Franchise Fees and nothing herein shall prohibit the City from denying or opposing a request by Grantee to increase of modify its other rates, charges, fees, or tariffs. SECTION 8. OTHER TAXES. (A) It is expressly agreed that the aforesaid payments shall be in lieu of any and all other and additional occupation taxes, easement, franchise taxes or charges, municipal license, permit and inspection fees, bonds, street taxes, and street or alley rentals or charges except as provided in this section. Payment of the fees and other consideration due hereunder by the Grantee is not accepted by the City in lieu of any reimbursement of regulatory costs, payment of taxes that are uniform and generally applicable to other persons conducting business within the City, such as property, sales and use taxes or the costs to repair damages to the Public Right-of-way or to indemnify the City as required herein. If the City does not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges as aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Grantee's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges as aforesaid. (B) Payment of the fees and other consideration due hereunder shall not in any way limit or inhibit any of the privileges of the City whether under this Franchise Ordinance or otherwise. SECTION 9. TERM. The initial term of this Franchise shall expire at midnight on December 31, 2026. Unless written notice of its intent to renegotiate is provided by either the City or Atmos Energy at least one hundred eighty (180) days prior to the expiration of the term, the Page 10 Franchise shall be extended for up to two (2) additional terms of five (5) years each on the same terms and conditions as set forth herein. SECTION 10. OTHER FRANCHISES. If Grantee should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality in the Mid-Tex Division, as it exists on the effective date of this Agreement, which municipal franchise ordinance determines the Franchise Fee owed to that municipality for the use of its Public Right-of-way in a manner that, if applied to the City, would result in a Franchise Fee greater than the amount otherwise due City under this Ordinance, then the Franchise Fee to be paid by Grantee to City pursuant to this Ordinance may, at the election of the City, be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the Franchise Fee provisions of that other franchise ordinance applied to City. The City acknowledges that the exercise of this right is conditioned upon the City's acceptance of all terms and conditions of the other municipal franchise in toto. The City may request waiver of certain terms and Grantee may grant, in its sole reasonable discretion, such waiver. SECTION 11. CITY RULES AND REGULATION, DOCUMENTS AND REPORTS (A) The City expressly reserves, and the Grantee expressly recognizes, the City's right and duty to adopt, from time to time, in addition to the provisions herein contained, such cost of service, cost of Gas, charter provisions, ordinances, rules, and regulations as the City deems necessary. (B) Grantee shall file with the City, those documents required by law to be filed with the City, and otherwise, upon City's request, all tariffs, rules, regulations and policies under consideration with the Railroad Commission relating to the Facilities and operations, any matters relating to the System facilities and operations, any matters affecting the use of Public Right-of-Way or this Franchise. Upon request, the Grantee shall provide the City with a copy of filings it makes with the Railroad Commission affecting the same. In addition, upon request, the Grantee will provide the City copies of the Grantee's most recent annual report, all petitions, communication reports, advice letters, audits, complaints, and applications together with supporting pre-filed testimony and exhibits filed by the Grantee or third parties with the Railroad Commission. SECTION 12. DEFAULT, REMEDIES, TERMINATION. (A) In addition to all other rights and powers retained by the City under this Franchise or otherwise, the City reserves the right to forfeit and terminate the Franchise and all rights and privileges of the Grantee hereunder in the event of a breach of its terms and conditions. A breach by Grantee shall include, but shall not be limited to, the following: Page 11 (1) Violation of any provision of the Franchise or any rule, order, regulation or determination of the City made pursuant to the Franchise; (2) Attempt to evade any provision of the Franchise or to practice any fraud or deceit upon the City or its Residents; (3) Failure to begin or complete Gas facility construction or extension as agreed to with the City; (4) Failure to provide the services set forth in the Franchise; or (5) Material misrepresentation of fact in the application for or negotiation of the Franchise. (B) The foregoing shall not constitute a breach if the violation occurs without fault of the Grantee or occurs as a result of circumstances beyond its control which could not have been avoided as a result of the exercise of reasonable care. Grantee shall not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees. (C) The City may make a written demand that the Grantee comply with any such provision, rule, order, or determination under or pursuant to this Franchise. If the violation by the Grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the City may take under consideration the issue of termination of the Franchise. (D) If Grantee does not cure the default within such time frame, City shall notify Grantee in writing of its right to have a hearing before the City Council to present any objections or defenses Grantee may have that are relevant to the proposed termination. The notice shall specify a hearing date which shall be at least thirty (30) days from the date of the notice. After such hearing, the City may determine whether to continue or to terminate the Franchise. The final decision of the City Council may be appealed to any court or regulatory authority having jurisdiction. Upon timely appeal by Grantee of the City Council's decision terminating the Franchise, the effective date of such termination shall be either when such appeal is withdrawn or a court order upholding the termination becomes final and unappealable, and until the termination becomes effective, the provisions of this Franchise shall remain in effect for all purposes. (E) Notwithstanding the foregoing, the rights and remedies of City set forth in this Section shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. City and Grantee understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the exercise by City of any one or more of such remedies shall not preclude the exercise by City, at Page 12 the same or different times, of any other such remedies for the same breach of this Agreement. (F) The prevailing party in the adjudication of any proceeding relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's fees pursuant to Section 271.159 of the Texas Local Government Code. SECTION 13. MISCELLANEOUS PROVISIONS. (A) This Franchise is made for the exclusive benefit of the City and the Grantee, and nothing herein is intended to, or shall confer any right, claim, or benefit in favor of any third party. (B) No assignment or transfer of this Franchise shall be made, in whole or in part, without approval of the City Council of the City unless otherwise superseded by state laws, rules, or regulations or Railroad Commission of Texas action and such approval shall not be unreasonably withheld or delayed; provided however that Grantee may assign this Agreement to an Affiliate without the City's consent or approval, upon thirty (30) days' notice to the City. The City will grant such approval unless assignee is materially weaker than Grantee. For the purpose of this Section, "materially weaker" means that the long term unsecured debt rating of the assignee is less than investment grade as rated by both S&P and Moody's. If the assignee is materially weaker, the City may request additional documents and information reasonably related to the transaction and the legal, financial, and technical qualifications of the assignee. Upon approval or assignment to an Affiliate without approval as provided herein, the rights, privileges, and Franchise herein granted to the Grantee shall extend to and include its successors and assigns. The assignment shall not become effective until assignee agrees in writing to be bound by the terms, conditions, provisions, requirements and agreements contained in this Franchise. (C) Any notices required or desired to be given from one party to the other party to this Ordinance shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. CITY GRANTEE City Manager Manager of Public Affairs City of North Richland Hills Atmos Energy 4301 City Point Drive 100 W. Morningside Drive North Richland Hills, TX 76180 Fort Worth, Texas 76110 Page 13 With a copy to: City Attorney City of North Richland Hills 4301 City Point Dr. North Richland Hills, Texas 76180 (D) Nothing contained herein shall limit or restrict any legal rights that the City may possess arising from any alleged violation of this Franchise. (E) Neither the City nor the Grantee shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employers, or agents, upon any one or more occasions to insist upon or seek compliance with any such terms and conditions. (F) The paragraph headings contained in this Ordinance are for convenience only and shall in no way enlarge or limit the scope or meaning of the various paragraphs hereof. Both parties have participated in the preparation of this Ordinance and this Ordinance shall not be construed either more or less strongly against or for either party. SECTION 14. ACCEPTANCE AND EFFECTIVE DATE. To accept this Franchise, Grantee must file with the City Secretary its written acceptance of this Franchise Ordinance within sixty (60) days after its final passage and approval by City. If such written acceptance of this Franchise Ordinance is not filed by Grantee, the Franchise Ordinance shall be rendered null and void. If Grantee accepts this Franchise Ordinance, this Franchise Ordinance shall become effective as of January 1, 2017. When this Franchise Ordinance becomes effective and Grantee makes it first payments due hereunder, any and all previous ordinances of City granting franchises for gas delivery purposes that were held by Atmos Energy shall be cancelled. PASSED AND APPROVED ON THIS DAY OF 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary STATE OF TEXAS § Page 14 COUNTY OFTARRANT § CITY OF NORTH RICHLAND HILLS § I, Alicia Richardson, City Secretary of the City of North Richland Hills, Tarrant County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of North Richland Hills, Texas, at a regular session, held on the day of 2016, as it appears of record in the Minutes of said regular session. WITNESS MY HAND AND SEAL OF SAID CITY, this the _ day of , 2016. City Secretary City of North Richland Hills, Texas Page 15 ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 24, 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: Early voting for the November 8th election began today and continues through November 4th. In North Richland Hills, early voting is at the Dan Echols Center on Glenview Drive. For early voting hours, a sample ballot and more information, visit the Tarrant County Elections Office online or call 817-831-8683. The city's annual Hoot n Howl is this Saturday from 6 p.m. to 9 p.m. at Green Valley Park. Families will enjoy a hayride, puppet show, games and more. Admission and parking are free. Concessions will be available to purchase. Please contact the Parks Department with any questions. The United Way of Tarrant County recently recognized Eva Ramirez as Employee Campaign Manager of the Year for the Northeast Tarrant region. This award is in recognition of her outstanding and innovative work on the city's 2015 United Way campaign, which raised more than $64,000. United Way officials noted that the North Richland Hills campaign is a model for other Northeast Tarrant cities to emulate. The city was also recently recognized with a Scenic City Platinum Level Award. The Scenic City program supports and recognizes municipalities that implement high-quality scenic standards for public roadways and public spaces, with the long-term goal of improving the image of all cities. The Platinum Level is the highest level of recognition given by the Scenic City program. Congratulations! Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: IqRH Paul Coutant, Cody Lewis, Garrett Harvick and James Fowler in the Parks Department — A resident visiting Linda Spurlock Park stopped staff to compliment how clean and neat the park was. She recently moved here from California and claimed she had never seen a park so clean before.