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CC 2018-09-24 Agendas
M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, SEPTEMBER 24, 2018 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Welcome and introduction - public official, public employee or citizen. 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 the City Attorney to seek advice regarding pending or potential litigation with Chesapeake Energy Corp., and TOTAL E&P USA, Inc. 2. Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - (1) City Manager and (2) City Attorney. Monday, September 24, 2018 City Council Agenda Page 1 of 5 REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER RODRIGUEZ A.2 PLEDGE - COUNCIL MEMBER RODRIGUEZ A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the special September 5, 2018 City Council meeting. B.2 Approve minutes of the regular September 10, 2018 City Council meeting. B.3 Authorize purchases from Lane Construction Corporation, Reynolds Asphalt and Construction Company, Old Castle Materials Texas, Inc., dba APAC-Texas, and JLB Contracting, LLC, using, Tarrant County Contract No. 2018 - 165 for Public Works street related maintenance items in compliance with local and state cooperative and competitive purchasing policies and regulations. B.4 Consider authorizing the City Manager to execute an Interlocal Agreement between the Cities of North Richland Hills, Haltom City, Watauga and Richland Hills to form a joint Crime Victim Assistance Program C. PUBLIC HEARINGS Monday, September 24, 2018 City Council Agenda Page 2 of 5 C.1 ZC 2018-21, Ordinance No. 3542, Public hearing and consideration of a request from Convergence Capital for a zoning change from AG Agricultural to C-1 Commercial in the 8900-9100 block of Mid Cities Boulevard, being 8.443 acres described as Tract 12G, T.K. Martin Survey, Abstract 1055. C.2 ZC 2018-13, Ordinance No. 3540, Public hearing and consideration of a request from ClayMoore Engineering for a zoning change from AG Agricultural to 0-1 Office at 8165 Precinct Line Road, being 1.817 acres described as Tracts 8B, 8C, and A, Thomas Peck Survey, Abstract 1209; and Tracts 5D and 5F, Stephen Richardson Survey, Abstract 1266. C.3 SUP 2018-07, Ordinance No. 3538, Public hearing and consideration of a request from Zone Systems, Inc. for a special use permit for a communications tower at 8825 Bud Jensen Drive, being 2.749 acres described as Lot 2R, Block 1, UICI Addition. CA ZC 2018-08, Ordinance No. 3539, Public hearing and consideration of a request from Beaten Path Development, LLC for a zoning change from C-1 Commercial to RI-PD Residential Infill Planned Development at 7501 Mid-Cities Boulevard and 7441 College Circle, being 5.52 acres described as Tract 10H, John Barlough Survey, Abstract 130; and Lot Al C, Block 28, College Hills Addition. C.5 ZC 2018-16, Ordinance No. 3541, Public hearing and consideration of a request from Howe and Wood Company for a zoning change from PD Planned Development, 0-1 Office, and AG Agricultural to RI-PD Residential Infill Planned Development in the 9200 block of Amundson Drive and 6900 block of Precinct Line Road, being 8.222 acres described as Highland Park Addition, Blocks 1-5; and Tracts 3E and 3F, T.K. Martin Survey, Abstract 1055. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E.1 Authorize the City Manager to execute an Interlocal Agreement between Trinity Metro and the City of North Richland Hills for sidewalk improvements associated with the TEXRail project. F. GENERAL ITEMS Monday, September 24, 2018 City Council Agenda Page 3 of 5 F.1 Consider Ordinance No. 3537, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2018 Rate Reveiw Mechanism filing. F.2 Consider Ordinance No. 3544 amending Appendix A of the City of North Richland Hills Code of Ordinances and amending the fees charged under Sections 78-121 through 78-125, related to water and water meters, and Sections 78-141 Through 78-147, related to sewer, and adding fees to Appendix A as established in Section 78-451 and Section 78-452 related to water wells. F.3 Consider Resolution No. 2018-028, appointing a member to the Animal Adoption & Rescue Center Advisory Committee. F.4 Approve an interlocal agreement with the City of Fort Worth for Prisoner Detention Services and authorize the City Manager to execute the agreement. 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 - MAYOR PRO TEM BENTON H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, September 21 , 2018 by 3:00 PM. IW4 • � � W 4. j City Secretary Monday, September 24, 2018 City Council Agenda Page 4 of 5 This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, September 24, 2018 City Council Agenda Page 5 of 5 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 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. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Welcome and introduction - public official, public employee or citizen. PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Approve minutes of the special September 5, 2018 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the special September 5, 2018 City Council meeting. MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2018 A. CALL TO ORDER Mayor Trevino called the meeting to order September 5, 2018 at 7:00 p.m. Present: Oscar Trevino Mayor Mike Benton Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Brent Barrow Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney EXECUTIVE SESSION Mayor Trevino announced there are no items listed for Executive Session. A.1 INVOCATION Council member Lombard gave the invocation. A.2 PLEDGE Council member Lombard led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. September 05, 2018 Special City Council Meeting Minutes Page 1 of 3 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 There were no items for this category. C. PUBLIC HEARINGS C.1 CONDUCT A PUBLIC HEARING ON THE TAX YEAR 2018 (FISCAL YEAR 2018/2019) PROPOSED TAX RATE. Mayor Trevino opened the public hearing and called on Director of Budget and Research Robert Myers to present the item. Mr. Myers informed Council tonight is the second public hearing prior to setting the tax rate to support the fiscal year 2018/2019 proposed budget. The public hearing was advertised in accordance with state law on the city's website and in the Fort Worth Star Telegram. The proposed tax rate is a 1/2 cent less than the previous year. This is the second year the city has lowered the tax rate. Council had no questions for staff. Mayor Trevino asked if there was anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. Mayor Trevino announced the City Council will vote on the tax rate on September 10, 2018. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS There were no items for this category. September 05, 2018 Special City Council Meeting Minutes Page 2 of 3 F.1 CONSIDER RESOLUTION NO. 2018-026, APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE. APPROVED City Secretary Alicia Richardson informed Council that staff is in receipt of Steven Cooper's resignation from the Planning and Zoning Commission. Council member Welch is recommending the appointment of Wendy Werner to Place 7 to fulfill the unexpired term of June 30, 2019. A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE RESOLUTION NO. 2018-026. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE AGENDA. Mayor Trevino announced that no action is necessary as the City Council did not convene into Executive Session. H. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:20 p.m. Oscar Trevino, Mayor Alicia Richardson, City Secretary September 05, 2018 Special City Council Meeting Minutes Page 3 of 3 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Approve minutes of the regular September 10, 2018 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular September 10, 2018 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE SEPTEMBER 10, 2018 WORK SESSION CALL TO ORDER The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of September at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Mike Benton Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Brent Barrow Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 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 B. McGinnis City Attorney 1. DISCUSS ITEMS FROM REGULAR COUNCIL MEETING. Mayor Trevino announced that he would like City Council to consult with the City Attorney regarding item C.2, ZC 2018-10, as authorized by the Texas Government Code, Section 551.071. Council member Lombard clarified that item F.1, Ordinance No. 3530 regarding the tax rate will require three separate motions. Staff confirmed that Council would need to have three separate motions and to take action on each motion. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. September 10, 2018 City Council Meeting Minutes Page 1 of 13 There was no one present to introduce at the meeting. EXECUTIVE SESSION 1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - (1) 90 ACRES OF IMPROVED AND UNIMPROVED LAND IDENTIFIED AS JOHN M CROCKETT SURVEY BOUND BY MID CITIES BOULEVARD ON THE SOUTH, SMITHFIELD ROAD ON THE WEST, MICKEY STREET ON THE NORTH AND DAVIS BOULEVARD ON THE EAST, AND (2) 7301 NE LOOP 820. 2. SECTION 551.074: PERSONNEL MATTERS TO DELIBERATE THE EMPLOYMENT, EVALUATION, AND DUTIES OF PUBLIC EMPLOYEES - CITY SECRETARY. 3. SECTION 551.087: DELIBERATE REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS - 90 ACRES OF IMPROVED AND UNIMPROVED LAND IDENTIFIED AS JOHN M CROCKETT SURVEY BOUND BY MID CITIES BOULEVARD ON THE SOUTH, SMITHFIELD ROAD ON THE WEST, MICKEY STREET ON THE NORTH AND DAVIS BOULEVARD ON THE EAST. Mayor Trevino announced at 6:02 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 90 acres of improved and unimproved land identified as John M Crockett Survey bound by Mid Cities Boulevard on the south, Smithfield Road on the west, Mickey Street on the north and Davis Boulevard on the east, and (2) 7301 NE Loop 820; Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - City Secretary; and Section 551.087: Deliberate regarding economic development negotiations - 90 acres of improved and unimproved land identified as John M Crockett Survey bound by Mid Cities Boulevard on the south, Smithfield Road on the west, Mickey Street on the north and Davis Boulevard on the east. Executive Session began at 6:06 p.m. and concluded at 6:51 p.m. Mayor Trevino announced at 6:51 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order September 10, 2018 at 7:00 p.m. Present: Oscar Trevino Mayor September 10, 2018 City Council Meeting Minutes Page 2 of 13 Mike Benton Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Brent Barrow Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Lombard gave the invocation. A.2 PLEDGE Council member Lombard led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Ms. Maria Stahlhut, 6801 Smithfield Drive, asked Council to amend Section 14-442 of the City's Code of Ordinances to add a miniature livestock category and to allow a minimum of two miniature livestock per acre of agricultural land. Ms. Cindy Ferguson, 1029 Black Street, commented that she is an advocate of the group called trap, neuter, vaccinate and return (TNRV). She would like to see North Richland Hills implement the program. 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 September 10, 2018 City Council Meeting Minutes Page 3 of 13 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE AUGUST 27, 2018 REGULAR CITY COUNCIL MEETING. B.2 APPROVE ORDINANCE NO. 3536, ABANDONING A WATER LINE EASEMENT IN THE TANDY K. MARTIN SURVEY AND AUTHORIZE THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED AND HOLD HARMLESS AGREEMENT WITH NRH SL REALTY, L.P. C. PUBLIC HEARINGS CA ZC 2018-17, ORDINANCE NO. 3534, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BAIRD, HAMPTON & BROWN FOR A ZONING CHANGE FROM C-1 COMMERCIAL TO NR-PD NONRESIDENTIAL PLANNED DEVELOPMENT AT 8124 BOULEVARD 26, BEING 0.42 ACRES DESCRIBED AS LOT 2, BLOCK H, RICHLAND OAKS ADDITION. APPROVED Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to introduce the item. Applicant representative Daniel Franklin, 301 William D. Tate Avenue, Grapevine, Texas presented request and was available to answer questions from Council. The project is a collaboration with Alpha Technologies, Evolve Data Center Solutions and Batir Architecture. He reviewed the site development plan, which includes a 720 square foot expansion for the existing utility structure. The expansion is needed to improve service to the community. The landscape plan complies with the city's landscape regulations. Mr. Husband presented staffs report. The Planning and Zoning Commission, at their August 16, 2018 meeting, recommended approval with a vote of 4-0, subject to all landscaped areas being irrigated as required by the landscaping regulations. In response to Council member Lombard's question, Mr. Husband confirmed the ordinance before them this evening includes the recommendation of the Planning and Zoning Commission. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. September 10, 2018 City Council Meeting Minutes Page 4 of 13 Mr. Torrey McGraw with Charter Communications, located at 15100 Trinity Boulevard, Suite 500, Fort Worth, spoke in favor of the item. City Secretary Alicia Richardson informed Council the following people did not wish to speak, but asked that their support be recorded: Steve Howell, 10555 Cossey Road, Houston, Texas and Michael McVeigh, 4703 Spanish Moss Drive, McKinney, Texas. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ZC 2018-17, ORDINANCE NO. 3534. MOTION TO APPROVE CARRIED 7-0. C.2 ZC 2018-10, ORDINANCE NO. 3535, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HAMILTON DUFFY, P.C., FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-2 SINGLE-FAMILY RESIDENTIAL AT 7125 DOUGLAS LANE, BEING 5.942 ACRES DESCRIBED AS TRACTS 2Z, 2Z1, 2J, AND 2,111, JOHN CONDRA SURVEY, ABSTRACT 311. DENIED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Mr. Comstock informed Council the applicant is requesting a zoning change for 5.942 acres located on the west side of Douglas Lane between Starnes Road and Hightower Drive. The area is designated on the Comprehensive Land Use Plan as low density residential and the current zoning agricultural. Mr. Comstock provided site photos of the property. Mr. Comstock commented that staff is in the process of updating the city's land use plan. The Council and the Planning and Zoning Commission held a joint work session in 2014. During this meeting, staff initiated discussion with regard to a few areas of town--Continental Valley / Valley Drive and Meadow Creek Road / Little Ranch Road- -with R-1-S and agricultural zoning. Following discussion and direction from the work session meeting, staff implemented a placeholder policy to encourage R-1-S in the Little Ranch road / Meadow Creek Road and Continental Drive / Valley Drive areas; discourage R-2 zoning within the residential estate areas; and discourage R-1-S zoning outside the residential estate areas. Staff has applied the policy following the joint work session meeting of the City Council and Planning and Zoning Commission. At this meeting, staff was directed to include the neighborhoods regarding the upcoming update September 10, 2018 City Council Meeting Minutes Page 5 of 13 to the Comprehensive Land Use Plan. Staff held a neighborhood meeting in 2017. At this meeting, a majority of the residents present favored preservation of the large lot character of the area. Council member Lombard stated that the City Council provided direction to staff to address the existing large lot estates to ensure the estates in the future are not subdivided into smaller lots. To his knowledge, the land identified at the joint work session has not been expanded to include other large estate lots. He asked Mr. Comstock if the areas identified at the joint work session were expanded or if the Strategic Plan Committee included discussion about expanding the residential estate lots. Mr. Comstock informed Council there has been no discussion about expanding existing residential estate style lots. Applicant representative Mark Wood, 6617 Precinct Line Road, North Richland Hills, informed Council the item before them this evening is for straight zoning from agricultural to R-2 residential. The owners of the property Chester and Marcia Christopher, 7125 Douglas Lane, are in attendance for the meeting. Mr. Christopher informed Council he wants to sell his property with the R-2 designation. The overlay that includes his property is unfair and he requested that Council approve the request. He also presented a letter from Linda Martin, 7300 Continental Trail, that states opposition to the overlay requiring a minimum of one acre lots. Mr. Wood continued with his presentation by reviewing the current Comprehensive Land Use Plan. The use of R-2 is allowed under the current Comprehensive Land Use Plan. He mentioned that the property has not been zoned. It is agricultural and the properties to the north and west and across the street are zoned R-2, which were built and developed in the late 1980s. The city was presented with a petition opposing the request. He commented that half the signatures on the petition are currently zoned R-2. The request is for 19 lots. The property values of the homes to be constructed would be approximately $500,000. He is aware that the opposition includes concerns regarding drainage and traffic. If approved, they will comply with all city guidelines. Mr. Wood commented that the estate lot district plan has been discussed for years. He is seeking support and approval under the current approved city plans. Mr. Comstock presented staffs report. The request before Council this evening is a zoning change. If approved, the applicant would come before the Planning and Zoning Commission and City Council to consider their preliminary and final plat. At that time, the subdivision ordinance will address drainage and utility questions. The Planning and Zoning Commission, at their August 16, 2018 meeting, tabled the item following a tie vote. Subsequently, at their September 6, 2018 meeting, they recommended denial with a vote September 10, 2018 City Council Meeting Minutes Page 6 of 13 of 4-3. Mayor Trevino asked the City Secretary Alicia Richardson to call on those who completed a public meeting appearance form to speak during the public hearing. The following people spoke in support: Jack C. Reynolds, 6708 Little Ranch Road; Elaine McCallion, 7401 Continental Trail; V.A. Christopher, 6708 Tabor Street; and Jerry Jackson, 6801 Meadow Road. The following people spoke in opposition: Austin Motheral, 7109 Douglas Lane; Mary Atkins, 7133 Douglas Lane; Joyce Goedring, 7009 Douglas Lane; Cindy Gorman, 7301 Shadyhollow Lane; Kris Kennison, 7128 Windhaven Road; James A. Buresh, 7124 Douglas Lane; Jennifer Kennison, 7128 Windhaven Road; Peggy Smith, 7121 Douglas Lane; Debra Turnage, 7015 Douglas Lane; Ty Bailey, 7008 Douglas Lane; Lynn Motheral, 7109 Douglas Lane; Allie Hard, 7109 Douglas Lane; and John Hawes II, 7409 Douglas Lane. The following people did not wish to speak, but asked to record their support: Raymond C. Roane, 6036 Frost Street; Marcia Christopher, 7125 Douglas Lane; Chester Christopher 7125 Douglas Lane; Donna Reynolds, 6708 Little Ranch Road; Michael Christopher, 3701 Venice Drive; Brad Christopher 7125 Douglas Lane; and Conrad Deavers 6706 Tabor Street, Fort Worth. The following people did not wish to speak, but asked to record their opposition: Sonja Starnes, 7500 Douglas Lane; Gary Starnes, 7500 Douglas Lane; Donald Goedring, 7009 Douglas Lane; Tammy Hart 7109 Douglas Lane; R. Michael Davis, 7108 Douglas Lane; Robert Schenr, 7113 Douglas Lane; Fern Scott, 7105 Douglas Lane; Allie Herd, 7109 Douglas Lane; Dianne Skinner, 7217 Windcrest Lane; Kathy Mattox, 7112 Windhaven Road; Diane Moody, 6900 Little Ranch Road; Gary Moody, 6900 Little Ranch Road; Clifford Mattox, 7112 Windhaven Road; Randy Moody, 7129 Douglas Lane; Pamela Moon, 7129 Douglas Lane; Laurie Ambrose, 7101 Douglas Lane; Steve Turnage, 7015 Douglas Lane; Marietta K. Gonzalez, 7036 Windhaven Road; John Hawes Sr., 7409 Douglas Lane; Marjorie Hawes, 7409 Douglas Lane; Tina Morrison, 7255 Windcrest Court; and Kathy Davis, 7108 Douglas Lane. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. City Manager Mark Hindman informed Council that Mr. Comstock has one item to clarify before Council's deliberation and vote. Mr. Comstock commented that pursuant to Section 211.006 of the Texas Local September 10, 2018 City Council Meeting Minutes Page 7 of 13 Government Code, if 20% of the area of the lots or land immediately adjoining the area covered by the proposed change within 200' are opposed, a super majority vote is required. The vote requires six (6) out of seven (7) council members to approve the item. Council discussed the item. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3535. THE MOTION FAILED WITH COUNCIL MEMBERS RODRIGUEZ, WRIGHT OUJESKY, LOMBARD, BARROW AND TURNAGE VOTING FOR AND MAYOR PRO TEM BENTON AND COUNCIL MEMBER WELCH VOTING AGAINST. Mayor Trevino recessed the meeting at 8:46 p.m. Mayor Trevino reconvened the meeting at 8:56 p.m., with the same members present. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS E.1 CONSIDER ORDINANCE NO. 3532, AMENDING SECTION 54-166 OF THE CODE OF ORDINANCES TO RESTRICT PARKING ON DESIGNATED PORTIONS OF HAWK AVENUE IN HOMETOWN. APPROVED City Engineer Caroline Waggoner presented item. A MOTION WAS MADE BY MAYOR PRO TEM BENTON, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3532 MOTION TO APPROVE CARRIED 7-0. F. GENERAL ITEMS F.1 CONSIDER ORDINANCE NO. 3530, ADOPTING THE TAX RATE FOR TAX YEAR 2018. APPROVED Director of Budget and Research Robert Myers presented item. He informed Council September 10, 2018 City Council Meeting Minutes Page 8 of 13 this item requires three separate motions and individual action on each motion. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO MOVE THAT THE PROPERTY TAX RATE FOR MAINTENANCE AND OPERATIONS BE SET AT 0.327088 CENTS PER $100 OF VALUATION. MOTION TO APPROVE CARRIED 7-0. APPROVED A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO MOVE THAT THE PROPERTY TAX RATE FOR INTEREST AND SINKING BE SET AT 0.257912 CENTS PER $100 OF VALUATION. MOTION TO APPROVE CARRIED 7-0. APPROVED A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARROW TO APPROVE ORDINANCE NO. 3530, AND THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF 0.585 CENTS, WHICH IS EFFECTIVELY A 5.76 PERCENT INCREASE IN THE TAX RATE. MOTION TO APPROVE CARRIED 7-0. F.2 CONSIDER ORDINANCE NO. 3531, ADOPTING THE 2018/2019 PROPOSED BUDGET AND AMENDING THE 2017/2018 REVISED BUDGET. APPROVED Director of Budget and Research Robert Myers presented item. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER WELCH TO APPROVE ORDINANCE NO. 3531, ADOPTING THE 2018/2019 PROPOSED BUDGET AND AMENDING THE 2017/2018 REVISED BUDGET. MOTION TO APPROVE CARRIED 7-0. F.3 CONSIDER RATIFYING AN INCREASE IN PROPERTY TAX REVENUES REFLECTED IN THE FISCAL YEAR 2018/2019 ADOPTED BUDGET. September 10, 2018 City Council Meeting Minutes Page 9 of 13 APPROVED Director of Budget and Research Robert Myers presented item. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER BARROW TO RATIFY THE INCREASE IN PROPERTY TAX REVENUE. MOTION TO APPROVE CARRIED 7-0. F.4 CONSIDER RESOLUTION NO. 2018-027, APPROVING AND RATIFYING THE 2018 CERTIFIED TAX ROLL. APPROVED Director of Budget and Research Robert Myers presented item. A MOTION WAS MADE BY MAYOR PRO TEM BENTON, SECONDED BY COUNCIL MEMBER LOMBARD TO APPROVE RESOLUTION NO. 2018-027, APPROVING AND RATIFYING THE 2018 CERTIFIED TAX ROLL. MOTION TO APPROVE CARRIED 7-0. F.5 CONSIDER ORDINANCE NO. 3529, RENEWING AN ELECTRIC FRANCHISE AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY. APPROVED Assistant City Manager Karen Bostic presented item. September 10, 2018 City Council Meeting Minutes Page 10 of 13 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARROW TO APPROVE ORDINANCE 3529, GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY L-C, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENTS, PUBLIC WAYS AND PUBLIC PROPERTY OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS AND ASSIGNS, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Trevino announced action is necessary as the result of discussion in Executive Session pursuant to 551.074 of the Texas Local Government Code. The City Council evaluated the city secretary's performance. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER BARROW TO APPROVE THE EMPLOYMENT CONTRACT WITH CITY SECRETARY ALICIA RICHARDSON AS DISCUSSED IN EXECUTIVE SESSION TO INCLUDE A 4% INCREASE. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Trevino announced action is necessary as the result of discussion in Executive Session pursuant to 551.072 of the Texas Local Government Code. He called on Director of Economic Development Craig Hulse to present the item. September 10, 2018 City Council Meeting Minutes Page 11 of 13 Mr. Hulse informed Council the former City Hall property located at 7301 NE Loop 820 has been listed for sale and promoted for private commercial uses. Staff has been approached with an offer and staff recommends Council authorize the city manager to negotiate and execute an amended earnest money contract and any necessary documents to effect the sale for 7301 NE Loop 820. A MOTION WAS MADE BY MAYOR PRO TEM BENTON, SECONDED BY COUNCIL MEMBER TURNAGE TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDED EARNEST MONEY CONTRACT AND ANY NECESSARY DOCUMENTS TO EFFECT THE SALE FOR 7301 NE LOOP 820 WITH JOHN ROEDER, REGAL CENTER, LLC AND ROEDER HOLDING LLC, OR THEIR ASSIGNS FOR $2,250,000. MOTION TO APPROVE CARRIED 7-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Lombard made the following announcements. 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. Join hundreds of volunteers to beautify North Richland Hills on Saturday, September 29 at the annual Trash Bash Litter Cleanup event. The cleanup will take place from 9:00 a.m. to 11:30 a.m. and will be followed by a volunteer appreciation picnic. Visit our website to sign up and get more information. "National Night Out" is coming up on Tuesday, October 2. This is a day set aside for residents to get outside, meet their neighbors, and pledge support against criminal activity. If you are organizing a neighborhood block party for National Night Out and would like representatives from the Police and Fire Departments and City Council to attend, please register your event by September 19. North Richland Hills photographers of all ages are invited to enter their best images for the Keep NRH Beautiful Photo Contest. Entry categories include: environment; architecture; and culture and community. The entry deadline is October 1. Get the contest rules and entry details on our website. Kudos Korner - Staff and Volunteers at the Animal Adoption & Rescue Center - Several citizens expressed their appreciation for the recent Clear the Shelters event. The Animal September 10, 2018 City Council Meeting Minutes Page 12 of 13 Adoption & Rescue Center adopted out 62 pets during the one-day event on August 18. Several families posted photos online of the pets in their new homes and said they were happy to be part of such a wonderful event. I. ADJOURNMENT Mayor Trevino adjourned the meeting 9:23 p.m. Oscar Trevino, Mayor Alicia Richardson, City Secretary September 10, 2018 City Council Meeting Minutes Page 13 of 13 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Authorize purchases from Lane Construction Corporation, Reynolds Asphalt and Construction Company, Old Castle Materials Texas, Inc., dba APAC-Texas, and JLB Contracting, LLC using Tarrant County Contract No. 2018-165 for Public Works street related maintenance items in compliance with local and state cooperative and competitive purchasing policies and regulations. PRESENTER: Chris Turner, Public Works Street Superintendent SUMMARY: This item is to authorize one-time as well as cumulative payments to multiple vendors that exceed the $50,000 purchasing threshold for regularly budgeted street maintenance for asphalt resurfacing and related items. GENERAL DESCRIPTION: The North Richland Hills Public Works Department utilizes multiple cooperative and competitive purchasing programs as well as city let multi-year contracts to purchase budgeted street related maintenance materials and services. Below is a table detailing anticipated expenditures through previously approved vendors and procurement programs for fiscal year 2017/18, as well as those with multi-year considerations. Estimated Multi Anticipated Vendor Description Funding Purchase _ Fiscal Amount Year Years / Bid No. Asphalt 001-6003-553.43-45 Annually Reynolds Purchases/ SM1801, $850,000 Yes Bid No. Asphalt Placement SM1901 & SM1902 2018-165 APAC Asphalt 001-6003-553.43-45 Annually Old Castle Purchases/ SM1801, $30,000 Yes Bid No. Texasbit Placement SM1901 & SM1902 2018-165 JLB Asphalt 001-6003-553.43-45 Annually Contracting Purchases/ SM1801 $200,000 Yes Bid No. Placement SM1901 & SM1902 2018-165 MRH Lane Asphalt 001-6003-553.43-45 Annually Construction Purchases/ SM1801 $200,000 Yes Bid No. Corporation Placement SM1901 & SM1902 2018-165 This authorization allows the Public Works Department to perform maintenance obligations for the remainder of Fiscal Year 2018 as well as Fiscal Year 2019, and continue work on previously approved projects while remaining compliant with the City of North Richland Hills Purchasing Policies and Procurement Procedures. The Tarrant County contract becomes effective on October 1, 2018, and may be renewed for two (2) additional one-year terms thereafter. Payments for utilization of this multi-year contract may be authorized annually during the budget process for the corresponding renewal terms provided that funds have been budgeted for each remaining year of the contract, and the terms and conditions of the agreement have not changed. Those payments will not require additional City Council approval. RECOMMENDATION: Authorize purchases from Lane Construction Corporation, Reynolds Asphalt and Construction Company, Old Castle Materials and Texas Inc., dba APAC-Texas, and JLB Contracting, LLC, using, Tarrant County Contract # 2018-165 for Public Works street related maintenance items in compliance with local and state cooperative and competitive purchasing policies and regulations. Co Nr� a: Bidder Name: !n: TARRANT COUNTY PURCHASING DEPARTMENT JACK BEACHAM,C.P.N.,A.P.P. MELISSA L.E.E.,C.P.M.,A.P.P. PURCHASING AGENT ASSISTANT PURCHASING AGENT RFB NO. 2018-165 REQUEST FOR BID FOR ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS BIDS DUE AUGUST 13, 2018 2 :00 P. M. RFB NO. 2018-165 TABLE OF CONTENTS SPECIFICATIONS OPENING DATE, TIME, PROCEDURES, CONTACTS ..................................................2 GENERAL CONDITIONS ................................................................................................2 DELIVERY REQUIREMENTS .........................................................................................5 SPECIAL TERMS AND CONDITIONS ............................................................................6 EVALUATION CRITERIA ..............................................................................................14 SPECIFICATIONS.........................................................................................................15 TARRANT COUNTY HUB POLICY................................................................ 19 DISADVANTAGED BUSINESS ENTERPRISES FORM.............................. 23 REFERENCES............................................................................................. 24 FORMS SIGNATURE FORM ......................................................................................................26 COMPLIANCE WITH FEDERAL AND STATE LAWS FORM........................................28 AFFIRMATIONS/FORMS/DOCUMENTS CHECKLIST.................................................29 NO-BID RESPONSE .....................................................................................................30 PRICEFORM(S)............................................................................................................31 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS Tarrant County is requesting bids for the ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS for ALL PRECINCTS. All bids must be submitted on the attached Price Forms. Tarrant County will not enter into any contract where the cost is provisional upon such clauses as "escalator" or "cost-plus" clauses. BY MAIL VIA US POSTAL SERVICE By COURIER, FEDERAL EXPRESS, UPS ORIGINAL AND ONE (1) COPY ORIGINAL AND ONE (1) COPY OF OF COMPLETED BID COMPLETED BID MUST BE RECEIVED IN THE MUST BE RECEIVED IN THE TARRANT COUNTY PURCHASING DEPARTMENT TARRANT COUNTY PURCHASING DEPARTMENT AT 100 E. WEATHERFORD, SUITE 303 AT 100 E. WEATHERFORD, SUITE 303 FORT WORTH, TEXAS 76196-0104 FORT WORTH, TEXAS 76102 ON OR BEFORE AUGUST 13, 2018 AT 2:00 P.M. ON OR BEFORE AUGUST 13, 2018 AT 2:00 P.M. All bids are due in the Tarrant County Purchasing Department by the due date in sealed envelopes or boxes. All bids must be clearly marked with the Bid Number, the name of the company submitting the bid, and date and time of opening on the outside of the envelope/box and/or Air Bill/Delivery Receipt. Original bid must be clearly marked "ORIGINAL" and contain all original signatures. "No-Bid" Response to be returned on form included in section under Forms. Any bid received after the date and/or hour set for bid opening will not be accepted. Bidder will be notified and will advise Tarrant County Purchasing as to the disposition by either pick up, return at Bidder's expense, or destroyed with written authorization of the Bidder. If bids are sent by mail to the Tarrant County Purchasing Department, the Bidder shall be responsible for actual delivery of the bid to the Tarrant County Purchasing Department before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of Tarrant County beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be disposed of as authorized. Bids maybe withdrawn at anytime prior to the official opening. Alterations made before opening time must be initialed by Bidder guaranteeing authenticity. After the official opening, bids become the property of Tarrant County and may not be amended, altered or withdrawn without the recommendation of the Tarrant County Purchasing Agent and the approval of Tarrant County Commissioners' Court. Tarrant County is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. Tarrant County is not exempt from Surplus Lines Tax or Texas Stamping Tax. Tarrant County reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of Tarrant County. No oral explanation or instructions will be given by Tarrant County officials or employees in regard to the meaning of the proposal specifications before the award of the contract unless authorized by the Tarrant County Purchasing Agent or their designee. Requests from interested bidders for additional information or interpretation of the information included in the specifications should be directed in writing, via facsimile, to: PAGE 1 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS BRANDIE BINGHAM, CPPB, SENIOR BUYER FAX: (817) 884-2629 All documents relating to the Bid, including but not limited to, the bid document, questions and responses, addenda and special notices will be posted under the Bid number on the Tarrant County website and available for download by Bidders and other interested parties. No documents will be faxed or emailed after the initial Notice of Intent prior to award. It is the Bidder's sole responsibility to review this site and retrieve all related documents up to the Bid due date. The deadline for receipt of all questions is 12:00 (Noon), Fort Worth, Texas time, Wednesday, August 1, 2018. After the question deadline, all questions and their responses will be posted on the website and available for download by interested parties. All bids shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of bid. County review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Tarrant County Purchasing Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the Tarrant County Auditor's Office, Attention: Accounts Payable, 100 East Weatherford, Room 506, Fort Worth, Texas 76196, or email to SAP-invoices(a)tarrantcounty.com. In accordance with the Prompt Payment Act, it is the intention of Tarrant County to make payment on completed orders within thirty (30) days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided and must reference the Tarrant County Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuing non-performance of the Vendor in terms of Specifications shall be a basis for the termination of the contract by Tarrant County. Tarrant County shall not pay for work, equipment, or supplies which are unsatisfactory. The Vendor will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance. The contract may be terminated by either party upon written thirty (30) day notice prior to cancellation. Bids will be considered non-responsive if they show any omissions, alteration of form, additions or conditions not called for, or inconsistencies of any kind. However, Tarrant County reserves the right to waive any inconsistencies and to make award in the best interest of Tarrant County. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids containing any inconsistencies. 2. Unbalanced value of any items. PAGE 2 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS Bidders may be disqualified and their bids not considered, among other reasons, for any of the following specific reasons: 1. Reason for believing collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one (1) Bid for the work contemplated. 3. Bidder being interested in any litigation against Tarrant County. 4. Bidder being in arrears on any existing contract or having defaulted on a previous contract 5. Lack of competency as revealed, including but not limited to, by a financial statement, experience and equipment and questionnaires 6. Uncompleted work, which in the judgment of Tarrant County, will prevent or hinder the prompt completion of additional work, if awarded. 7. Bidders shall not owe delinquent property tax in Tarrant County. 8. Limited competition. It is the Bidders' sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda and special notices. The Signature Form must be signed and returned. Failure to provide a signature on the form renders bid non- responsive. Failure to complete and submit all required forms, including but not limited to References, Compliance With Federal and State Laws Form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents will be grounds for rejection of entire bid. CONFIDENTIALITY: Any material that is to be considered confidential must be clearly marked as such and shall be treated as confidential to the extent allowable under Section 552.136, Texas Government Code. Notice will be sent to you pursuant to Section 552.305 of the Texas Government Code should Tarrant County receive an open records request to inspect your bid. This notice will allow you to assert any objections to the release of confidential information in response to an open records request. It is your responsibility to assert any objections to the release of your bid in response to an open records request. Tarrant County cannot argue on your behalf that the information contained in your bid is exempt from public release. Trade secrets or confidential information MUST be placed in a separate envelope marked "CONFIDENTIAL INFORMATION." Note: PRICING INFORMATION IS NOT CONSIDERED CONFIDENTIAL AND IF MARKED AS SUCH, WILL RESULT IN REJECTION OF YOUR BID. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the Bidder. Tarrant County and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the Bidder to determine the full extent of the exposures. Vendor may not assign their rights and duties under an award without the written consent of the Tarrant County Purchasing Agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. PAGE 3 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS TO THE EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND HOLD TARRANT COUNTY, ITS OFFICIALS, AGENTS, SERVANTS, AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS), EMPLOYMENT MATTERS, AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO OR ARISE OUT OF OR BE OCCASIONED BY (1) VENDOR'S BREACH OF ANY OF THE TERMS OF PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF VENDORS, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OF THIS AGREEMENT. VENDOR(S) WILL COMPLY WITH ALL STATE, FEDERAL, AND LOCAL LAWS INCLUDING BUT NOT LIMITED TO THE AMERICANS WITH DISABILITIES ACT, TITLE VII OF THE CIVIL RIGHTS OF 1964, AGE DISCRIMINATION IN EMPLOYMENT ACT, CIVIL RIGHTS ACT OF 1991, FEDERAL INSURANCE CONTRIBUTIONS ACT (FICA), FAIR LABOR STANDARDS ACT, EQUAL PAY ACT OF 1963 AND THE AFFORDABLE HEALTH CARE ACT, AS TO TREATMENT AND COMPENSATION OF ITS EMPLOYEES. VENDOR(S) WILL PREPARE PAYROLL CHECKS, MAKE ALL NECESSARY DEDUCTIONS, AND PAY ALL TAXES, AND MAINTAIN INSURANCE REQUIRED BY FEDERAL, STATE, AND LOCAL LAWS. THE SUCCESSFUL VENDOR ACCEPTS FULL RESPONSIBILITY FOR THE PAYMENT OF WAGES, COMPENSATION, OVERTIME AND BENEFITS TO PERSONNEL. VENDOR ACCEPTS RESPONSIBILITY FOR PAYMENT OF ALL TAXES, ASSESSMENTS, FEES, AND FINES THAT MAY BE DUE AND OWING TO ANY LOCAL, STATE OR FEDERAL GOVERNMENT AGENCIES. PAGE 4 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS Prices shall include all charges for freight, F.O.B. destination inside delivered to: MATERIAL MAY BE PICKED UP OR DELIVERED TO JOB SITE WITHIN TARRANT COUNTY. DELIVERY TO JOB SITE SHALL BE F.O.B. DESTINATION Hours of operation shall be between 8:00 a.m. and 4:00 p.m., Monday through Friday. Delivery date is important to Tarrant County and may be part of the bid and a factor in evaluation of each bid. Tarrant County considers delivery time to be that period elapsing from the time the individual order is placed until that order is received by Tarrant County at the specified delivery location. The delivery date indicates a guaranteed delivery to Tarrant County, Texas. Failure of the Vendor to meet guaranteed delivery dates or service performance could affect future County orders. Tarrant County reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If order is given and the Vendor fails to furnish the materials by the guaranteed date, Tarrant County reserves the right to cancel the order without liability on its part. A packing list must accompany each shipment and must include but is not limited, to the following: 1. Tarrant County Purchase Order Number 2. Name and address of Vendor 3. Name and address of receiving department 4. Description of material shipped, including item numbers, quantity, etc. PAGE 5 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS SPECIAL TERMS AND CONDITIONS OF THE CONTRACT 1. CONTRACT TERMS: Vendor(s) will be awarded a twelve (12) month contract, effective from date of award or notice to proceed as determined by the Tarrant County Purchasing Department. At Tarrant County's option and approval by the Vendor, the contract may be renewed for two (2) additional twelve (12) month periods, as further explained in Renewal Options. Prices must remain firm for the entire contract. 2. RENEWAL OPTIONS: Tarrant County reserves the right to exercise an option to renew the contract of the Vendor for two (2) additional twelve (12) month periods, provided such option is stipulated and agreed upon by both parties. If Tarrant County exercises the right in writing, the Vendor must update and submit any documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. Required documents must be in force for the full period of the option. If the updated documents are not submitted by the Vendor in complete form within the time specified, Tarrant County may rescind its option or seek a new solicitation. 3. SECONDARY/ALTERNATE AWARD: Secondary or Alternate Vendors serve in a backup capacity only. In the event the Primary is unable to honor the terms and conditions of the contract, the Secondary Vendor(s) may be called. If the Secondary Vendor is unable to honor the terms and conditions of the contract the Alternate Vendor(s) may be called. The Primary Vendor is the first contact. Use of the Secondary or Alternate Vendor(s) must be approved, in writing, by the Tarrant County Purchasing Agent or his designee. A. In the event the Secondary or Alternate Vendors are called upon, they will offer the materials and services at their awarded price(s), or better. Any attempt to increase their awarded price(s) may be cause to remove the Vendor from the contract. Calling upon the Secondary or Alternate Vendors does not necessarily affect the status of any awarded Vendor, including the Primary Vendor. B. If a Secondary or Alternate Vendor represents themselves as the Primary Vendor without written authorization from the Tarrant County Purchasing Agent, or his designee, the Secondary or Alternate Vendor may be removed from the contract. C. Would you, as the Vendor, be willing to accept a Secondary or Alternate Award based on the above? Yes No PAGE 6 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS SPECIAL TERMS AND CONDITIONS OF THE CONTRACT 4. COOPERATIVE PURCHASING: Tarrant County has the lead role in developing and encouraging Cooperative Purchasing efforts among governmental entities that participate in its Cooperative Purchasing Program. Cooperative Purchasing can be a great benefit to Tarrant County vendors by providing an avenue to offer materials and services to participating entities. A current list of participating entities is included in this solicitation and an up-to-date list can be found on the Tarrant County website. A. Should other Governmental Entities decide to participate in this contract, would you, as the Vendor, agree that all terms, conditions, specifications, and rip cing would apply? A "NO" answer could result in complete resection of bid. Yes No 1) If you, the Bidder, checked Yes, the following will apply: a) Governmental Entities utilizing Intergovernmental Contracts with Tarrant County will be eligible, but not obligated, to purchase materials and services under the contract(s) awarded because of the solicitation. All purchases by Governmental Entities other than Tarrant County will be billed directly to that Governmental Entity and paid by that Governmental Entity. Tarrant County will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order their own material and services as needed. b) Delivery to governmental entities located within Tarrant County will be at no charge or as otherwise provided for in the Award Document. Delivery charges, if any, for governmental entities located outside Tarrant County shall be negotiated between the Vendor and each governmental entity. c) Tarrant County utilizes County Purchase Orders as its primary means of encumbering funds and pays for goods and services utilizing Vendor invoices. In the event Governmental Entities utilizing Inter-Governmental Contracts use other payment methods, including but not limited to, purchasing cards, debit cards, check requests or other methods which cause the Vendor to incur service, processing, or other fees, these fees are the responsibility of that Governmental Entity, unless otherwise negotiated with the Vendor. d) Vendor(s) awarded contract(s) resulting from bid will be responsible for providing to Tarrant County, at no additional charge, a complete list of all governmental entities currently utilizing the contract and their annual expenditures. This information should be provided ninety (90) days prior to the expiration of the contract, or as otherwise requested by Tarrant County. PAGE 7 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS Entities Currently Participating in Cooperative Purchasing Program with Tarrant County 1. ALAMO HEIGHTS ISD 60. CITY OF BURLESON 121. CITY OF GREENVILLE 2. ALLEN ISD 61. CITY OF CADDO MILLS 122. CITY OF HALTOM CITY 3. ALVORD ISD 62. CITY OF CANTON 123. CITY OF HASLET 4. ANNA FIRE DEPARTMENT 63. CITY OF CARROLLTON 124. CITY OF HEATH 5. ANDERSON COUNTY 64. CITY OF CASTLE HILLS 125. CITY OF HITCHCOCK 6. ARANSAS COUNTY 65. CITY OF CEDAR HILL 126. CITY OF HORIZON CITY 7. ARLINGTON ISD 66. CITY OF CEDAR PARK 127. CITY OF HUDSON OAKS B. ARMSTRONG COUNTY 67. CITY OF CELESTE 128. CITY OF HUNTSVILLE 9. ATAsCOSA COUNTY 68. CITY OF CEUNA 129. CITY OF HURST 10. AUBREYISD 69. CITY OF CI BOLO 130. CITY OF HUTCHINS 11. BASTROP COUNTY 70. CITY OF CLEBURNE 131. CITY OF HUTTO 12. BELL COUNTY 71. CITY OF COCKRELL HILL 132. CITY OF IRVING 13. BENBROOK WATER AUTHORITY 72. CITY OF COLLEYVILLE 133. CITY OF ITALY 14. BETHANY SPEC UTILITY DIST 73. CITY OF COLUMBUS 134. CITY OF JACKSBORO 15. BEXAR COUNTY 74. CITY OF COMBINE 135. CITY OF JEFFERSON 16. BIRDVILLE ISD 75. CITY OF COMMERCE 136. CITY OF KEENE 17. BLUE RIDGE FIRE DEPARTMENT 76. CITY OF CONVERSE 137. CITY OF KELLER 18. BOSQUE COUNTY 77. CITY OF COPPELL 138. CITY OF KENNEDALE 19. BRANCH FIRE DEPARTMENT 78. CITY OF COPPERAS COVE 139. CITY OF KILLEEN 20. BRAZORIA COUNTY 79. CITY OF CORI NTH 140. CITY OF KRUM 21. BRAZOS COUNTY 80. CITY OF CORSI CANA 141. CITY OF KYLE 22. BRIAR VOLUNTEER FIRE DEPT. 81. CITY OF CROWLEY 142. CITY OF LA VERNIA 23. BROOKS COUNTY CONSTABLES, 82. CITY OF CUMBY 143. CITY OF LAKE DALLAS PRECINCTS I-4 83. CITY OF DALWORTHINGTON GRDN 144. CITY OF LAKE WORTH 24. BROWN COUNTY 84. CITY OF DE LEON 145. CITY OF LANCASTER 25. BULVERDE POLICE DEPARTMENT 85. CITY OF DECATUR 146. CITY OF LAREDO 26. BURNET COUNTY 86. CITY OF DEER PARK 147. CITY OF LEAGUE CITY 27. CAMERON COUNTY 87. CITY OF DENISON 148. CITY OF LEANDER 28. CARROLL ISD 88. CITY OF DENTON 149. CITY OF LEWISVLLE 29. CARROLLTON-FARMERS BRANCH 89. CITY OF DESOTO 150. CITY OF LINDALE ISD 90. CITY OF DIBOLL 151. CITY OF LITTLE ELM 30. CASTLEBERRY ISD 91. CITY OF DUNCANVILLE 152. CITY OF LITTLEFIELD 31. CEDAR HILL ISD 92. CITY OF EARLY 153. CITY OF LIVE OAK 32. CHAMBERS COUNTY 93. CITY OF EASTLAND 154. CITY OF LUBBOCK 33. CHEROKEE COUNTY 94. CITY OF EL PASO 155. CITY OF LUCAS 34. CITY OF ALEDO 95. CITY OF ELECTRA 156. CITY OF LUFKIN 35. CITY OF ALLEN 96. CITY OF EMORY 157. CITY OF LUMBERTON 36. CITY OF ALVORD 97. CITY OF EULESS 158. CITY OF MANSFIELD 37. CITY OF AMARILLO 98. CITY OF ESCOBARES 159. CITY OF MARSHALL 38. CITY OF ANNA 99. CITY OF EVERMAN 160. CITY OF MCALLEN 39. CITY OF ARLINGTON 100. CITY OF FARMERS BRANCH 161. CITY OF MCKINNEY 40. CITY OF ATHENS 101, CITY OF FARMERSVILLE 162. CITY OF MELISSA 41. CITY OF AUBREY 102. CITY OF FERRIS 163. CITY OF MERKEL 42. CITY OF AUSTIN 103. CITY OF FLORESVILLE 164. CITY OF MESQUITE 43. CITY OF AZLE 104. CITY OF FOREST HILL 165. CITY OF MIDLOTHIAN 44. CITY OF BALCH SPRINGS 105. CITY OF FORNEY 166. CITY OF MINEOLA 45. CITY OF BANGS 106. CITY OF FORT WORTH 167. CITY OF MINERAL WELLS 46. CITY OF BAYTOW N 107. CITY OF FRISCO 168. CITY OF MORGAN'S POINT 47. CITY OF BEDFORD 108. CITY OF GAINESVILLE RESORT 48. CITY OF BELLS 109. CITY OF GALENA PARK 169. CITY OF MURPHY 49. CITY OF BENBROOK 110. CITY OF GALVESTON 170. CITY OF NACOGDOCHES 50. CITY OF BLUE MOUND 111. CITY OF GANADO 171. CITY OF NEDERLAND 51. CITY OF BONHAM 112, CITY OF GARLAND 172. CITY OF NEW BRAUNFELS 52. CITY OF BOVINA 113. CITY OF GATESVLLE 173. CITY OF NORTH RICHLAND HILLS 53. CITY OF BOWIE 114. CITY OF GEORGETOWN 174. CITY OF ODESSA 54. CITY OF BOYD 115. CITY OF GLEN HEIGHTS 175. CITY OF OVILLA 55. CITY OF BRIDGE CITY 116. CITY OF GODLEY 176. CITY OF PALESTINE 56. CITY OF BRIDGEPORT 117. CITY OF GRANBURY 177. CITY OF PARKER 57. CITY OF BROWNWOOD 118. CITY OF GRAND PRAIRIE 178. CITY OF PASADENA 58. CITY OF BRYAN 119. CITY OF GRAND SALINE 179. CITY OF PELICAN BAY 59. CITY OF BURKBURNETT 120. CITY OF GRAPEVINE PAGE 8 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS Entities Currently Participating in Cooperative Purchasing Program with Tarrant County 180. CITY OF PHARR 241. COLLIN COUNTY COMMUNITY 294. HOOD COUNTY 181. CITY OF PLANO COLLEGE DISTRICT 295. HOPKINS COUNTY 182. CITY OF PORT ISABEL 242. COMAL COUNTY 296. HOUSING AUTHORITYOF THE CITY 183. CITY OF POTEET 243. COOKE COUNTY OFAUSTIN 184. CITY OF POTTSBORO 244. CORYELL COUNTY 297. HUMBLE ISD 185. CITY OF PRINCETON 245. COTTONDALE VOL FIRE DEPT 298. HUNT COUNTY 186. CITY OF BALLS 246. CROWLEY ISD 299. HURST EULESS BEDFORD ISD 187. CITY OF RED OAK 247. DALLAS COUNTY 300. HUTCHINSON COUNTY 188. CITY OF RHOME 248. DALLAS/FORT WORTH 301. IDEA PUBLIC SCHOOLS 189. CITY OF RICHARDSON INTERNATIONAL AIRPORT BOARD 302. IRVING ISD 190. CITY OF RICHLAND HILLS 249. DALLAS ISD 303. JACK COUNTY 191. CITY OF RIVER OAKS 250. DECATUR ISD 304. JASPER COUNTY 192. CITY OF ROANOKE 251. DENISON ISD 305. JEFFERSON COUNTY 193. CITY OF ROBINSON 252. DENTON COUNTY 306. JIM WELLS COUNTY 194. CITY OF ROCKWALL 253. DENTON COUNTY FRESH WATER 307. JOHNSON COUNTY 195. CITY OF ROUND ROCK SUPPLY DIST No. 1-A 308. JOHNSON COUNTY SUD 196. CITY OF ROWLETT 254. DENTON ISD 309. KARNES COUNTY 197. CITY OF ROVSE CITY 255. DESOTOISD 310. KAUFMAN COUNTY 198. CITY OF RUNAWAY BAY 256. DIANA SPECIAL UTILITY DISTRICT 311, KAUFMANISD 199. CITY OF RUSK 257. DUNCANVILLE ISD 312. KELLER ISD 200. CITY OF SACHSE 258. DUVAL COUNTY 313. KENNEDALE ISD 201. CITY OF SAGINAW 259. EAGLE MOUNTAIN-SAGINAW ISD 314. KERENS ISD 202. CITY OF SAN ANGELO 260. EAST TEXAS COUNCIL OF GOYS. 315. KINNEY COUNTY 203. CITY OF SAN BENITO 261. ECTOR COUNTY 316. KRUM ISD 204. CITY OF SAN MARCOS 262. ECTOR COUNTY ISD 317. LAKE DALLAS ISD 205. CITY OF SANGER 263. EDDYCOUNTY,NM 318. LAKE WORTH ISD 206. CITY OF SANSOM PARK 264. EL PASO COUNTY 319. LAMAR COUNTY 207. CITY OF SEAGOVILLE 265. EL PASO COUNTY HOSPITAL 320, LAMB COUNTY 208. CITY OF SHERMAN DISTRICT DBA UNIVERSITY 321, LAMPASAS COUNTY 209. CITY OF SOUR LAKE MEDICAL CENTER OF EL PASO 322. LAVON POLICE DEPARTMENT 210. CITY OF SOUTHLAKE 266. ELECTRA ISD 323. LEON COUNTY 211. CITY OF SOUTHMAYD 267. ELLIS COUNTY 324, LEWISVILLE ISD 212. CITY OF SPRINGTOWN 268. ERATH COUNTY 325, LIMESTONE COUNTY 213. CITY OF STEPHENVILLE 269. EVERMAN ISD 326, LITTLE ELM ISD 214. CITY OF SULPHUR SPRINGS 270. FANNIN COUNTY 327, LOVEJOY ISD 215. CITY OF TAFT 271. FLOVD COUNTY 328. LOWRY CROSSING VOL FIRE DEPT 272. FORT BEND COUNTY 216. CITY OF TAYLOR 273 FORT BEND COUNTY ESD#2 329. LUBBOCK COUNTY . MANSFIELD 217. CITY OF TEMPLE 330. MANSFIELD ISD 218. CITY OF TERRELL 274. FORT WORTH HOUSING 331, MAVERICK COUNTY 219. CITY OF TEXARKANA,AR AUTHORITY 332. MCKINNEY ISD 220. CITY OF TEXARKANA,TX 275. FORT WORTH ISD 333. MCLENNAN COUNTY 221. CITY OF THE COLONY 276. FORT WORTH TRANSP AUTHORITY 334. MCLENNAN COMM.COLLEGE 222. CITY OF UNIVERSITY PARK 277. FRANKLIN COUNTY 335. MEDINA VALLEY ISD 223. CITY OF VAN ALSTYNE 278. FREESTONE COUNTY 336, MERILEE SPECIAL UTILITY DIST. 279. FRISCO ISD 224. CITY OF VENUS 280, GRANDVIEW POLICE DEPT. 337. MHM ND COUNTY COUNTY 225. CITY OF VERNON 281, GRAPEVINE\COLLEYVILLE ISD 338. MIDLANDCOUNTV 226. CITY OF WATA 282, GRAYSON COUNTY 330. MIDWAY ISO 227. CITY OF WAXAHAC 2$3. GREGG COUNTY 340. MILLS COUNTY 228. CITY OF WEATHERFO 284. GRIMES COUNTY 341. MILLS COUNTY 229. CITY OF WEATHERFORD 342. MONTGOMERY COUNTY 230. CITY OF WESTWORTH VILLAGE 285. GUADALUPE COUNTY 343, MONTGOMERY COUNTY EMG 286. HARDIN COUNTY Svcs CIS No 10 ESD 10 231. CITY OF WHITE SETTLEMENT 287 HARRIS COUNTY EMG SVCS ( ) 232. CITY OF WHITESBDRD DISTRICT#7 344. MONTGOMERY CNTV HOS DIST 233. CITY OF WHITEWRIGHT 2$$, HARRIS COUNTY EMG SVCS 345. MOUNT PLEASANT POLICE DEPT. 234. CITY OF WILLS POINT DISTRICT COUNTY 346. MOUNT VERNON POLICE DEPT. 235. CITY OF WILMER 2$9. DISTRICT COUNTY 347. NACOGDOCHES COUNTY 236. CITY OF WYLIE 290. HAW ISO ISD 348. NAVARRO COUNTY 237. CLAY COUNTY 291. HAWS INS ISO 349. NEVADA VOL.FIRE DEPT. 238. CLEAR CREEK ISD 292. HEARTOFTEXAS REGIONAL 350. NEW CANEY ISD 239. COCHRAN COUNTY MHMR CENTER 351. NoLAN COUNTY 240. COLLIN COUNTY 293. HENDERSON COUNTY 352. NORMANGEE ISD PAGE 9 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS Entities Currently Participating in Cooperative Purchasing Program with Tarrant County 353. NORTH CENTRAL TEXAS COUNCIL DEVELOPMENT BOARD 455. WACO ISD OF GOVERNMENTS 404. TARRANT REGIONAL WATER DIST 456. WALKER COUNTY 354. NORTH TEXAS MUNICIPAL WATER 405. TAYLOR COUNTY 457. WALLER COUNTY DISTRICT 406. TEMPLE COLLEGE 458. WARD COUNTY 355. NORTH TEXAS TOLLWAY RUTH 407. TERRELL ISD 459. WEATHERFORD COLLEGE 356. NORTHWESTISD 408. TEXARKANAISD 460. WEATHERFORD ISD 357. NUECES COUNTY 409. TEXAS A&M UNIVERSITY AT 461. WESTMINSTER FIRE DEPT. 358. OLTON POLICE DEPARTMENT COMMERCE 462. WESTON VOLUNTEER FIRE DEPT 359. ORANGE COUNTY 410. TEXAS A&M UNIVERSITY- 463. WHITE SETTLEMENT ISD 360. ORANGE CNTY DRAINAGE DIST KINGSVILLE 464. WILLIAMSON COUNTY 361. PALO PINTO COUNTY 411. TEXAS A&M UNIVERSITY- 465, WILLIAMSON CNTY EMS SVCS 362. PANOLA COUNTY TEXARKANA DIST#3 363. PARADISE ISD 412. TEXAS ALCOHOLIC BEVERAGE 466, WILSON COUNTY 364. PARKER COUNTY COMMISSION 467, WINKLER COUNTY 365. PARKER COUNTY EMERGENCY 413. TEXAS DEPT.OF PARKIWILDLIFE 468. WISE COUNTY SERVICES DISTRICT 1 414. TEXAS DEPT.OF PUBLIC SAFETY 469. WOOD COUNTY 366. FARMER COUNTY 415. TEXAS WOMAN'S UNIVERSITY 470. YMCA OF METROPOLITAN DALLAS 367. POTTER COUNTY 416. THE WOODLANDS TOWNSHIP 471 YOUNG COUNTY 368. PUBLIC TRANSIT SERVICE OF 417. TITUS COUNTY 472, ZAPATA COUNTY MINERALWELLS 418. TML MULTISTATE INTERGOV 369. QUINLAN ISD EMPLOYEE BENEFITS POOL 370. RAINS COUNTY ESD#1 419. TOM GREEN COUNTY 371. RANCHO VIEJO POLICE DEPT. 420. TOWN OF ADDISON 372. RANDALL COUNTY 421. TOP/N OF ARGYLE 373. RED OAK ISD 422. TOP/N OF DOUBLE OAK 374. RED RIVER COUNTY 423. TOP/N OF EDGECUFF VILLAGE 375. REFUGIO COUNTY 424. TOWN OF FAIRVIEW 376. REGION 9 EDUCATION SERVICE 425. TOWN OF FLOWER MOUND CENTER OF WICHITA 426. TOWN OF HICKORY CREEK 377. REGION 11 EDUCATION SERVICE 427. TOWN OF HIGHLAND PARK CENTER(ESC) 428. TOWN OF LAKESIDE 378. RICHARDSON ISD 429. TOP/N OF LITTLE ELM 379. ROCKWALL COUNTY 430. TOP/N OF NORTHLAKE 380. ROUND ROCK ISD 431. TOWN OF PANTEGD 381. SAM RAYBURN ISD 432. TOWN OF PONDER 382. SAN JACINTO COM COLL DIST. 433. TOWN OF PROSPER 383. SAN PATRICK)COUNTY 434. TOWN OF PROVIDENCE VILLAGE 384. SCHLEICHER COUNTY 435. TOWN OF SUNNYVALE 385. SEABROOK VOL FIRE DEPT. 436. TOWN OF TROPHY CLUB 386. SENIOR CENTER RESOURCE AND 437. TOWN OF W ESTLAKE PUBLIC TRANSIT,INC.OF HUNT 438. TOWN OF WESTOVER HILLS COUNTY 439. TRAVIS COUNTY 387. SEVEN POINTS FIRE RESCUE 440, TRAVIS COUNTY HEALTHCARE 388. SHERMAN ISD DISTRICT 389. SMITH COUNTY 441. TRINITY RIVER AUTHORITY 390. SPRINGTOWN ISD 442. U.S.MARSHALS SERVICE 391. SOUTH MONTGOMERY FIRE DEPT 443. UNIVERSITY OF NORTH TEXAS 392. SOUTH TEXAS COLLEGE 444. UNIVERSITY OF NORTH TEXAS 393. SPAN,INC. HEALTH SCIENCE CENTER 394. STEPHENS COUNTY 445. UNIVERSITY OF TEXAS AT 395. STERLING COUNTY ARLINGTON 396. STONEWALL COUNTY 446. UNIVERSITY OF TEXAS AT DALLAS 397. TARLETON STATE UNIVERSITY 447. UNIVERSITY OF TX MD ANDERSON 398. TARRANT APPRAISAL DISTRICT CANCER CENTER 399. TARRANT COUNTY 9-1-1 EMG 448. UPPER TRINITY REGIONAL WATER ASSISTANCE DISTRICT DISTRICT 400. TARRANT COUNTY COLLEGE 449. UPSHUR COUNTY DISTRICT 450. UPTON COUNTY 401. TARRANT COUNTY EMERGENCY 451. VAN ALSTYNE ISD SERVICES DISTRICT 1 452. VAN ZANDT COUNTY 402. TARRANT COUNTY HOSP DIST 453. VERNON ISD 403. TARRANT COUNTY WORKFORCE 454. VICTORIA COUNTY PAGE 10 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS SPECIAL TERMS AND CONDITIONS OF THE CONTRACT 5. MINIMUM INSURANCE REQUIREMENTS: A. Vendor shall take out, pay for and maintain at all times during the prosecution of the work under the contract, the following forms of insurance, in carriers acceptable to and approved by Tarrant County. 1) Workers' Compensation/Employer's Liability a. Worker's Compensation — statutory b. Employer's Liability— $500,000 2) Commercial General Liability: a. Bodily Injury/Personal Injury/Property Damage — $1,000,000 per occurrence/$2,000,000 aggregate 3) Auto Liability: a. Combined Single Liability (CSL) — $500,000 per occurrence B. Tarrant County reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by Tarrant County based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Vendor. C. Required Provisions: 1) Proof of Carriage of Insurance - All Certificates of Insurance will be required in duplicate and filed with the Tarrant County Purchasing Agent and the Budget and Risk Management Department at 100 East Weatherford Street, Suite 305, Fort Worth, Texas 76196 prior to work commencing. 2) All Certificates shall provide Tarrant County with an unconditional thirty (30) days written notice in case of cancellation or any major change. 3) As to all applicable coverage, policies shall name Tarrant County and its officers, employees, and elected representatives as an additional insured. 4) All copies of the Certificates of Insurance shall reference the project name and solicitation number for which the insurance is being supplied. 5) Vendor agrees to waive subrogation against Tarrant County, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent the loss, if any, is covered by the proceeds of insurance. 6) If applicable, the Vendor is responsible for making sure any sub-contractor(s) performing work under this agreement has the required insurance coverage(s) and supplies Tarrant County with the proper documents verifying the coverage. PAGE 11 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS SPECIAL TERMS AND CONDITIONS OF THE CONTRACT 6. CRIMINAL BACKGROUND CHECK: A. If this contract requires that Vendor personnel access Tarrant County Data (either on-site or remotely) or access secure areas of Tarrant County Facilities, then Vendor personnel may be required to undergo a Criminal Justice Information Services (CJIS) Background Check, a Human Resources Criminal Background Check, or a Sheriff's Criminal Background Check. Criminal Background Checks will be paid for by Tarrant County. 1. Vendor must provide information, including, but not limited to, Employee Name, date of birth, and driver's license numberforeach individual required to pass a Criminal Background Check. 2. Award of a contract could be affected by Vendor's refusal to agree to these terms. 3. Failure of the Vendor to supply personnel who pass a Criminal Background Check could affect the award of the contract or could result in termination of the contract. 4. The Criminal Background Check applies to the individual and not the Company. 5. Passing status must be maintained by Vendor personnel for duration of the contract. 7. INFORMATION TECHNOLOGY HOSTED OR CLOUD SOLUTION: A. The following is only applicable when Vendor is providing Information Technology hosted or cloud solution: 1. Confidentiality, Integrity, Availability (CIA) Vendor shall protect the Confidentiality, Integrity, and Availability (CIA) of all Tarrant County Data ensuring extra levels of security. All Tarrant County information must remain private and permit redaction of protected information before publication. Audit trails cannot be altered. 2. Breach Notification Vendor agrees that upon discovery of unauthorized access to Tarrant County Data, Vendor shall notify Tarrant County both orally and in writing. In no event shall the notification be made more than forty-eight (48) hours after Vendor knows or reasonably suspect unauthorized access has or may have occurred. In the event of a suspected unauthorized Access, Vendor agrees to reasonably coordinate with Tarrant County to investigate the occurrence. 3. Data All Tarrant County data will remain in the 48 contiguous United States at all times. PAGE 12 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS 4. Right to Audit Tarrant County reserves the right to audit vendor datacenters which house Tarrant County Data or receive SSAI 16 SOC Type II audits from a reputable security advisory service firm (e.g. EY, Deloitte, KPMG, PWC, PAGE 13 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS Evaluation Criteria will include, but is not limited to the following: 1. Unit Price 2. Delivery 3. Bidder's past performance record with Tarrant County 4. Tarrant County's evaluation of Bidder's ability to perform 5. Tarrant County's experience with products bid 6. Special needs and requirements of Tarrant County 7. Results of testing samples (if needed) Quantities indicated on the Price Forms are estimates based upon the best available information. Tarrant County reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Any catalog, brand name or manufacturer's reference used is considered to be descriptive - - not restrictive -- and is indicative of the type and quality Tarrant County desires to purchase. Bids on similar items of like quality may be considered if the bid is noted and fully descriptive brochures are enclosed. If notation of substitution is not made, it is assumed vendor is bidding item specified. Vendor will not be allowed to make unauthorized substitutions after award. PAGE 14 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS SPECIFICATIONS I. SCOPE: Tarrant County is seeking bids to establish an annual contract for the purchase and delivery of asphalt road surfacing products as described in the following specifications on an as needed basis. II. ASPHALT ROAD SURFACING PRODUCTS: All materials bid must meet all current TXDOT specifications as listed below, including all special provisions. A. Hot Mix Asphalt Concrete (HMAC): 1. Must meet TXDOT Specification 340 Dense Graded Hot Mix (Small Quantity). 2. Types B, C, and D. B. Hot Mix Asphalt Concrete, Cold-Laid: 1. Must follow TXDOT Specification 334. 2. Types B, C, D, and F. C. High Performance Cold Mix Patching Material: 1. Must meet TXDOT DMS 9202. 2. Bulk: All Season Pre-Coated Patching Mixture (ASPPM) Grade 4. D. Warm Mix Asphalt Concrete: 1. A chemical additive shall be added to warm mix to meet material specification and limit discharge temperature to 235 degrees. 2. Types B, C, D and F. E. All intermediate base courses bid must meet requirements of an intermediate course with a fractionated RAP content not to exceed 30%. F. Fractionated Reclaimed Asphalt Pavement (RAP): 1. Only fractionated RAP will be used for hot mixes bid under this contract, no unfractionated RAP material is allowed. 2. Recycled Asphalt Shingles (RAS)will NOT be allowed in any hot mix bid as part of this contract. III. DELIVERY: A. Delivery time is important to Tarrant County and will be considered each time an order is placed. B. In order to be considered for delivery, Bidders must provide delivery price per ton/per mile on the Price Forms and provide the delivery time in the space provided. PAGE 15 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS C. Mileage will be calculated from the vendor's plant to the job site. D. Bidders may bid product only and "No Bid" the delivery items for those line items where the Bidder wants Tarrant County to pick up the material at the plant. E. Trucking/Delivery contractors who only want to deliver ordered material may bid Delivery Only and "No Bid" the lines for product. F. Tarrant County prefers vendors to deliver to all of Tarrant County. It is presumed that Bidders who bid delivery can deliver anywhere within Tarrant County unless otherwise noted on the Bidder's bid. G. Please provide Delivery Charges/Rates for both Tandem and Flowboy Trucks in the spaced provided on the Price Forms. If not available, write N/A. IV. DEMURRAGE CHARGE: A. The wait time after the vendor's truck arrives at the job site shall be one (1 ) hour. B. Should wait time be more than one (1) hour, demurrage charges may be authorized. C. Vendors' driver is responsible for contacting the on-site Tarrant County Supervisor upon arrival at the job site in order to document arrival and confirm when demurrage charges could begin. D. Tarrant County shall approve or disapprove all demurrage charges. E. Bidder must provide hourly demurrage rate in the spaces provided on the Price Form. V. DISCOUNT FOR ITEMS NOT SPECIFIED: A. This bid specifies the most commonly used asphalt road surfacing products that Tarrant County anticipates using; however there could be other related products that the County may require. B. To ensure that these items are covered under this bid, Bidders are encouraged to provide a discount from your normal pricing in the space provided on the Price Form. C. This discount, if any, will be applied to all related items purchased under this agreement that are not specifically specified. VI. PRICING: A. The Price Forms have been broken down into two (2) sections for virgin aggregate and fractionated RAP material, please be sure to read the section designation at the top of each Price Form prior to completing it. 1. Section 1 —Virgin Aggregate Material 2. Section 2 — Fractionate RAP Material B. Pricing must remain firm for twelve (12) months, unless the Purchasing Agent approves a six (6) month price adjustment. PAGE 16 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS C. Either party to the contract resulting from this bid may request a price adjustment every six (6) months, if needed. D. All awarded vendors desiring consideration of a price adjustment must supply documentation in the form of current liquid asphalt invoice copies from the vendor's supplier, showing the average cost per ton for the previous six (6) month period to the Purchasing Agent. E. This documentation may result in a price increase or a price reduction, based on the previous six (6) month average, not the current liquid asphalt price. F. All other factors that affect the price of hot mix asphaltic concrete should be incorporated into the bid price. VII. MINIMUM ORDERS: A. Provide any minimum order requirements in the space provided on the Price Form. B. Please state clearly what the minimum charges include. Clarity of these minimum charges is very important, therefore be specific. Example: If your company's minimum order requirement is 25 tons and Tarrant County places an order for 15 tons, does Tarrant County pay for 25 tons delivered or the price for the 15 tons plus delivery for the 10 ton difference? C. If minimum order is per truck load, please state in detail the minimum and maximum load size per truck and any additional charges that may apply. VIII. VENDOR QUALIFICATIONS: A. Bidders must be firms or corporations regularly engaged in the design, production and distribution of asphalt surfacing materials that meet TXDOT specification standards. IX. TESTING: A. Testing may be performed through an independent testing laboratory at the request of Tarrant County anytime during the length of the contract. B. If the result of the test show material does not meet specifications, the cost of the test will be absorbed by the vendor. C. If the result of the test show material does meet specifications, the cost of the test will be borne by Tarrant County. X. FUEL SURCHARGE: A. Awarded vendor(s) may add fuel surcharge to invoice price, which will be the bid price of material, plus bid price of freight, plus fuel surcharge at time of delivery. B. Fuel surcharge shall be based upon information from the Energy Information Administration's Gulf Coast Region (PADDIII), DFW Region TX OPIS (Oil Price Information Service) Petrosat Net Price, or an authorized agency monitoring fuel prices. PAGE 17 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS C. The applicable fuel surcharge shall be determined on a bi-weekly basis according to the results of the survey for diesel fuel pricing conducted every Monday by the Department of Energy— Energy Information Administration forthe previous week's actual prices. D. The applicable fuel surcharge shall be computed and stated separately on each freight bill or invoice. E. Tarrant County may request documentation from vendor detailing pricing for fuel surcharge. XI. AWARD CRITERIA: A. Bidders meeting specifications and requirements shall be awarded the primary award. B. Specific orders will be placed based on Unit Price, Total Delivery Charge to the individual job site and delivery time. C. Specific orders for the pick-up of material will be based on Unit Price and distance from the vendor's plant to the job site. PAGE 18 OF RFB NO. 2018-165 coUNrJ tt TARRANT COUNTY HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) POLICY I. POLICY STATEMENT The Tarrant County Commissioners Court, being the policy development and budgetary control unit of county government, will strive to ensure that all businesses, regardless of size, economic, social or ethnic status have an equal opportunity to participate in the County's procurement processes. The County is committed to promote full and equal business opportunity for all businesses to supply the goods and services needed to support the mission and operations of county government, and seeks to encourage the use of certified historically underutilized businesses (HUBs) through the use of race, ethnic and gender neutral means. It is the policy of Tarrant County to involve certified HUBs to the greatest extent feasible in the County's procurement of goods, equipment, services and construction projects while maintaining competition and quality of work standards. The County affirms the good faith efforts of firms who recognize and practice similar business standards. II. DEFINITIONS Historically underutilized businesses (HUBs), also known as a disadvantaged business enterprise (DBE), are generally business enterprises at least 51% of which is owned and the management and daily business operations are controlled by one or more persons who is/are socially and economically disadvantaged because of his or her identification as a member of certain groups, including women, Black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans and American Indians. Certified HUBs includes business enterprises that meet the definition of a HUB and who meet the certification requirements of certification agencies recognized by Tarrant County. Businesses include firms, corporations, sole proprietorships, vendors, suppliers, contractors, subcontractors, professionals and other similar references when referring to a business that provides goods and/or services regardless of the commodity category. Tarrant County: Historically Underutilized Business Policy Page 1 of 4 PAGE 19 OF RFB NO. 2018-165 Statutory bid limit refers to the Texas Local Government Code provision that requires competitive bidding for many items valued at greater than $50,000. III. POLICY GUIDELINES A. Tarrant County, its contractors, their subcontractors and suppliers, as well as all vendors of goods, equipment and services, shall not discriminate on the basis of race, color, creed, gender, age, religion, national origin, citizenship, mental or physical disability, veteran's status or political affiliation in the award and/or performance of contracts. All entities doing business or anticipating doing business with the County shall support, encourage and implement affirmative steps toward a common goal of establishing equal opportunity for all citizens and businesses of the county. B. Tarrant County will use and recognize the State of Texas certification process in conjunction with the implementation of this policy. The County does recognize other agencies' certifications. Tarrant County reserves the right to review the certification status of any vendor applying to do business with the County. This review will be accomplished to determine the validity and authenticity of the vendor's certification as a HUB. C. The Commissioners Court may establish HUB target goals. Through a systematic approach of soliciting quotes, bids and proposals from certified HUBs and in compliance with applicable state and federal law this policy will strive to meet those goals. 1. Target goals should consider: • the availability of HUB firms within the specific category of goods or services to be procured; and • the diversity of the county's population. 2. The goals should be reviewed and amended periodically. 3. The program may apply to all County procurements including construction and professional services. 4. Particular attention will be given to HUB participation on purchases in excess of the statutory bid limit. 5. The Commissioners Court herein establishes a 20% good faith target goal for Tarrant County. Tarrant County: Historically Underutilized Business Policy Page 2 of 4 PAGE 20 OF RFB NO. 2018-165 D. Tarrant County will actively seek and encourage HUBs to participate in all facets of the procurement process by: 1. Continuing to increase and monitor a database of certified HUB vendors, professionals and contractors. The database will be expanded to include products, areas of expertise and capabilities of each HUB firm. 2. Continuing to seek new communication links with HUB vendors, professionals and contactors to involve them in the procurement process. 3. Continuing to advertise bids on the County's website and in newspapers including newspapers that target socially and economically disadvantaged communities. 4. Continuing to provide bid notifications to minority Chambers of Commerce. E. As prescribed by law, the purchase of one or more items costing in excess of the statutory bid limit must comply with the competitive bid process. Where possible, those bids will be structured to include and encourage the participation of HUB firms in the procurement process by: 1. Division of proposed requisitions into reasonable lots in keeping with industry standards and competitive bid requirements. 2. Where feasible, assessment of bond and insurance requirements and the designing of such requirements to reasonably permit more than one business to perform the work. 3. Specification of reasonable, realistic delivery schedules consistent with the County's actual requirements. 4. Specifications, terms and conditions reflecting the County's actual requirements are clearly stated, and do not impose unreasonable or unnecessary contract requirements. F. A HUB Policy statement shall be included in all specifications. The County will consider the bidder's responsiveness to the HUB Policy in the evaluation of bids and proposals. Failure to demonstrate a good faith effort to comply with the County's HUB policy may result in a bid or proposal being considered non- responsive to specifications. G. The Tarrant County Purchasing Department will actively seek the participation of HUB firms in the quotation process for purchases under the statutory bid limit. HUB firms will be identified on the computerized database and linked to the commodities they represent. Buyers will be encouraged to use available internal and external databases of certified HUB firms. Tarrant County: Historically Underutilized Business Policy Page 3 of 4 PAGE 21 OF RFB NO. 2018-165 H. Nothing in this policy shall be construed to require the County to award a contract other than to the lowest responsive bidder meeting specifications as required by law. This policy is narrowly tailored in accordance with applicable I aw. IV. ADMINISTRATIVE GUIDELINES A. The Tarrant County Purchasing Department shall serve as the County's HUB Office with responsibility for the implementation, monitoring and general operations of the HUB policy. The Purchasing Agent shall serve as the County HUB Officer. 1. The HUB Officer will establish procedures to implement this policy across the full spectrum of the procurement process. The County HUB Office will periodically review with department head and elected officials regarding procurement opportunities. 2. Managing the policy and training buyers and other County personnel in order to meet County goals will be the responsibility of the HUB Office. 3. The HUB Office will cooperate with other local government entities to increase HUB participation throughout the county and region. The HUB Office is encouraged to participate in educational and other outreach programs to assist HUB firms. 4. The HUB Officer will receive and review complaints and recommendations regarding the implementation of the HUB Policy and the good faith efforts of bidders. Further, the HUB Office will audit for compliance to the HUB Policy on eligible projects after award, during the performance of the contract and after completion, while also making any recommendations to Commissioners Court regarding any irregularities or misrepresentation of facts as they relate to compliance with the policy. The HUB Office will review documentation submitted by HUB firms in compliance with this policy. 5. An annual report along with recommendations shall be provided to the Commissioners Court and Purchasing Board. The annual report will provide statistical data and efforts reflected in the number of purchase orders, value of goods and services purchased, percentages to HUB firms, and outreach and marketing efforts. Other statistics may be required or requested by the Commissioners Court or Purchasing Board. 510 Historically Underutilized Businesses Policy Adopted: Court Order 64788 (December 17, 1990) Amended: Court Order 69958 (December 7, 1993) Amended: Court Order 99651 (December 28, 2006) Amended: Court Order 127875 (June 19, 2019) Tarrant County: Historically Underutilized Business Policy Page 4 of 4 PAGE 22 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaaed Business Enterprises (DBE) are encouraged to participate in Tarrant County's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with Price Forms, and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. Tarrant County recognizes the certifications of both the State of Texas General Services Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact. Texas Procurement and Support Services North Central Texas Statewide HUB Program Regional Certification Agency 1711 Jacinto Blvd. 624 Six Flags Drive, Suite 100 PO Box 13047 OR Arlington, Texas 76011 Austin, Texas 78711-3047 (817) 640-0606 (512) 463-5872 If your company is already certified, attach a copy of the certification to this form and return with bid. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. FAX NO . Indicate all that apply: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 23 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS REFERENCES Please list three (3) references, other than past or present employees of Tarrant County, who can verify your performance as a Vendor. Performance includes, but is not limited to, sales and/or service, delivery, invoicing, and other items as may be required for Tarrant County to determine Vendor's ability to provide the intended goods or service of the bid. Tarrant County PREFERS references to be from Government customers. References must be able to verify the quality of service Vendor's company provides and that the Bidder has completed a project of similar size and scope of work in this response. Inaccurate, obsolete or negative responses from the listed references could result in rejection of your bid. Failure to supply required references will deem the bid as non-responsive and will not be considered for award. Bidder involvement with reference checks is not permitted. Only Tarrant County or its designee will conduct reference checks. Any deviation to this will result in rejection of your response. REFERENCE ONE GOVERNMENT/COMPANY NAME: ADDRESS: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: E-MAIL ADDRESS: SCOPE OF WORK: CONTRACT PERIOD: REFERENCE TWO GOVERNMENT/COMPANY NAME: ADDRESS: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: E-MAIL ADDRESS: SCOPE OF WORK: CONTRACT PERIOD: REFERENCES MUST BE RETURNED WITH BID! PAGE 24 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS REFERENCES REFERENCE THREE GOVERNMENT/COMPANY NAME: ADDRESS: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: E-MAIL ADDRESS: SCOPE OF WORK: CONTRACT PERIOD: REFERENCES MUST BE RETURNED WITH BID! PAGE 25 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS SIGNATURE FORM The undersigned, on behalf of and as the authorized representative of Bidder, agrees this bid becomes the property of Tarrant County after the official opening. The undersigned affirms that the Bidder has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, on behalf of Bidder, that if the bid is accepted, Bidder will furnish all materials and services upon which price(s) are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this bid will be ninety (90) calendar days. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of Tarrant County, and that the contents of this bid have not been communicated to any other Bidder or to any employee of Tarrant County prior to the official opening of this bid. Vendor hereby assigns to Tarrant County all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this solicitation. Failure to sign and return this form will result in the rejection of the entire bid. Signature X Authorized Representative LEGAL NAME AND ADDRESS OF RESPONDENT: Date Name Title Tel. No. FAX No. E-Mail Address: AFTER HOURS EMERGENCY CONTACT: Name: Tel. No. THIS FORM MUST BE SIGNED. THE ORIGINAL WITH ORIGINAL SIGNATURE AND ONE (1) COPY MUST BE RETURNED WITH BID! PAGE 26 OF RFB NO. 2018-165 {r rtrrl�f pippiC�p�p�ggp�9�1� iCiCiC C p piC 9�i9iC�'�9 q�� Did you sign and submit all required forms? If not , your Bid will be rejected ! ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS COMPANY IS: Business included in a Corporate Income Tax Return? YES NO Corporation organized & existing under the laws of the State of Partnership consisting of Individual trading as Principal offices are in the city of DUNS Number: CAGE Code: PAGE 27 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS COMPLIANCE WITH FEDERAL AND STATE LAWS CERTIFICATION OF ELIGIBILITY By submitting a Bid in response to this solicitation, the Bidder certifies that at the time of submission, they are not on the Federal Government's list of suspended, ineligible, or debarred entities. In the event of placement on the list between the time of Bid submission and time of award, the Bidder will notify the Tarrant County Purchasing Agent. Failure to do so may result in terminating this contract for default. RELATING TO STATE CONTRACTS WITH AND INVESTMENTS IN COMPANIES THAT BOYCOTT ISRAEL AND INVESTMENTS IN COMPANIES THAT DO BUSINESS WITH IRAN, SUDAN, OR ANY KNOWN FOREIGN TERRORIST ORGANIZATIONS. Effective September 1, 2017, Bidder verifies that they do not boycott Israel and will not boycott Israel during the term of this contract. The term "boycott Israel" is defined by Texas Government Code Section 808.001, effective September 1 , 2017. Bidder further verifies that they are not engaged in business with Iran, Sudan, or any foreign terrorist organization. The term "foreign terrorist organization" means an organization designated as a foreign terrorist organization by the United States Secretary of State as authorized by 8 U.S.C. Section 1189. DISCLOSURE OF INTERESTED PARTIES The law states that a governmental entity may not enter into certain contracts with a non-exempt business entity unless the business entity submits a disclosure of interested parties to the governmental entity. By submitting a Bid in response to this solicitation, the Bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Tarrant County Purchasing Agent, and/or requesting department, the "Certificate of Interested Parties," Form 1295 as required, within ten (10) business days from notification of pending award, renewal, amended or extended contract. Signature X THIS FORM MUST BE SIGNED. THE ORIGINAL WITH ORIGINAL SIGNATURE AND ONE (1) COPY MUST BE RETURNED WITH BID! PAGE 28 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS AFFIRMATIONS/FORMS/DOCUMENTS ✓Check Indicates Completion 1. References. Bidder has provided references, other than Tarrant County. References must be able to verify the quality of service the company provides and that the company has completed a project of similar size and scope of work in this bid. 2. Signatures. All forms requiring a signature must be signed. Bids not signed will be rejected. 3. Price Forms. All sections of Price Forms have been completed. 4. Bidder has acknowledged Secondary/Alternate Award and Cooperative Purchasing opportunities in the Special Terms and Conditions on pages 6 and 7. 5. Insurance Certificates (If required). Bidders must submit all Insurance Certificates prior to commencement of work. If no insurance requirements specified, mark N/A. 6. Addenda. When applicable, Bidder acknowledges receipt of all Addenda and any revised Forms. Bidder must sign and submit any required signature forms. 7. It is the Bidders' sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda and special notices. The Signature Form must be signed and returned. Failure to provide a signature on the form renders bid non-responsive. Failure to complete and submit all required forms, including but not limited to References, Compliance With Federal and State Laws Form, Questionnaires (when applicable),Addenda (including revised forms), and any other specified forms or documents will be grounds for rejection of entire bid. 8. Bidder has read, understands, and agrees to Tarrant County's Criminal Background Check requirements. 9. Accuracy for all mathematical and numerical entries is the sole responsibility of the Bidder. Tarrant County will not be responsible for errors made by the Bidder. 10. Bidder's company is registered on TVORS (Tarrant Vendor On-Line Registration System). 11. Bidder has sealed and marked the envelope with the Company Name, Bid Number, Bid Title, and due date. THE ORIGINAL AND ONE (1) COPY OF THIS FORM SHOULD BE RETURNED WITH BID! PAGE 29 OF RFB NO. 2018-165 ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS NO -BID RESPONSE In the event that your organization chooses not to submit a bid/proposal for this solicitation, the Tarrant County Purchasing Department is interested in the reasons why vendors have chosen not to submit bids/proposals in order to better serve the taxpayers of Tarrant County. Please indicate your reason(s) by checking all applicable items below and return this form to the address shown below. ❑ Could not meet specifications. ❑ Items or materials requested not manufactured by us or not available to our company. ❑ Insurance requirements too restricting. ❑ Bond requirements too restricting. ❑ Scope of services not clearly understood or applicable (too vague, too rigid, etc.) ❑ Project not suited to our organization. ❑ Quantities too small. ❑ Insufficient time allowed for preparation of bid/proposal. ❑ Other (please specify). Vendor Name: Contact Person: Telephone: Email: Please send your response to: Tarrant County Purchasing Department 100 E. Weatherford, Suite 303 Fort Worth, TX 76196 PAGE 30 OF RFB NO. 2018-165 0w LLI \ a § m m e m a m a m u w � � � \ a wo e k � -J z } m m a m a m a g \ I / § 2 e / / / / CN 0 2 ° / 2 ƒ / j j § o § w � § § q z ° / / / / 2 \ IL \ \ C. \ \ LL \ \ § � / a w / M $ z k o \ ` S § - S \ 2 % o / Lt 0 o w _ D / o 2 E § g & ° c 7 ` \ ) 7 z 2 6 a o @ 2 R § / L) > ] E e E 2 . 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CL CL T T T _O F- F- F- F- c x ~ E S IL W O W � CN N N N N N z U a \ / t ° (D 0 / / R % § z § ]J m e o o CL o ! \ 2 / § ) � \ } y & § 2 \ \ 2 ® a 2 � e 6 � \ \ f q LL § 2 e m m � \ § (D _ < § ƒ § a / _§` < \ ° a a. o § ( / k \ LL 0) U) ° \ S ƒ z 0 _ % c ° /k / / / 2 \ % / e G \ - @ C) / a) ± 3 E E � _ a ) 'E E § \ E / \ k } / 3 § } 2 j § § $ § \ \ \ U) ] 0 Ix 0 ` z E 2 0 ± } LL oc § \ _ -a N } \ t % t \ t § § ± / ± / ± / § $ LL 0 } § 2 0 § \ LLI LL z j i > a z ) § k § § § ; z a J ) \ 0 0 .. 0 \ 2 ] ) 0 ) k k ( / k { z J } u 2 z J / z J a. I c 2 Please cut out and affix to the outside of your response package: ............................ TARRANT COUNTY SEALED BID/PROPOSAL/RESPONSE Bid No. 2018 165 Annual Contract for Asplhaft [Road Surfacing F:Iiroducts Due Date: August 13, 2018 at 2:00 Iil.IIM Tarrant County Administration Building ATTN: Purchasing Department 100 E. Weatherford St., Third Floor, Suite 303 Fort Worth, Texas 76102 ............................. Street W.e-a I the,f I o I d 1 5 1 r View -j Drop off here M Building View C.6.0+n REFERENCE NUMBER a >: COMMISSIONERS COURT PAGE I OF COMMUNICATION DATE: 9/11/2018 SUBJECT: BID NO. 2018-165—ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS—ALL PRECINCTS—VARIOUS VENDORS - PER UNIT PRICE AND DISCOUNT' FROM LIST PRICE COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court award Bid No. 2018-165, Annual Contract for Asphalt Road Surfacing Products, for all Precincts, to the following vendors at the per unit price and discount from list price: Primary Austin Asphalt, Inc. JLB Contracting, LLC The Lane Construction Corporation Reynolds Asphalt and Construction Company TexasBit Vulcan Construction Materials, LLC BACKGROUND: Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and posted on the Internet, the Arlington Black Chamber of Commerce, the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. Two hundred twenty-one (221) vendors were contacted and requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested bidders. Six (6) bids and one (1) no-bid were received. Bids were evaluated by the four (4) Maintenance Precincts and Purchasing representatives. Primary award recommendations are to all vendors meeting specifications. The term of the contract is twelve (12) months; effective October 1, 2018, with two (2) options for renewal periods of twelve (12) months each. SUBMITTED BY: Purchasing PREPARED BY: Brandie Bingham,CPPB APPROVED BY: COMMISSIONERS COURT A >: COMMUNICATION 'J REFERENCE NUMBER: DATE: 9/11/2018----- PAGE 2 OF -1 Therefore, it is the joint recommendation of the four (4) Maintenance Precincts and Purchasing that Bid No. 2018-165, Annual Contract for Asphalt Road Surfacing Products, be awarded to the vendors listed above at the per unit price and discount from list price. FISCAL IMPACT: Expenses from last year are approximately $2,075,600.00. Orders are placed on an as-needed basis. 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(D m uj a -6 23 UJ 0 E LO Cl) 0 a) LO a z <19 co 6 m cc UJ r (0 a) (D 0 C) C/) -j ] / / 0 LO CIO C14 0 W z 0 C (j) 0 LO a. a) -F (D (1) (-)cc tr- Q) > n = 0 a) �o 0 LU E 2 = \=\§ =3 0 =o V)E F E E a) 2 m ± = A »(1) 6 0 (D 1 LU 6 LO (D r- N (co N Z .•.......•. • TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any county action that involves the adoption of a regulation, policy, guideline, court resolution, or order. Bid No. 2018-165, Annual Contract Project/Regulation Name: for Asphalt Road Surfacing Products County Department: PURCHASING Contact Person: Jack Beacham, C.P.M., A.P.P. Phone Number for Contact Person: (817) 884-1133 Type of TIA Performed: SHORT TIA or FULL TIA. Circle one after answering the questions in Sections 11 and III belo I. Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy, guideline, court resolution or order. Note: The remainder of this Takings Impact Assessment Checklist should be completed in consultation with the Criminal District Attorney's Office. 11. Potential Effect on Private Real Property 1. Does the county action require a physical invasion, occupation or dedication of real property? Yes No—q 2. Does the county action limit or restrict a real property right, even partially or temporarily? Yes No—q If you answered yes to either question, go to Section 111, If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3,5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-397763 JLB Contracting, LLC Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/29/2018 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. TC 2015-189 Asphalt Purchases/Placement Renewal Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Davis, Sam Fort Worth, TX United States X Cabaza, Aaron Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Sam Davis and my date of birth is My address is 3505 Park Hollow Street Fort Worth TX , 76109 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of TeXaS on the 29 day of August 20 18 (month) (year) ,w• } r f Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 it there are interested parries. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-398596 Reynolds Asphalt&Construction Company North Richland Hills,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/3012018 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. TC 2015.189 Asphalt Materials 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. n 6 UNSWORN DECLARATION My name is ' " y'`h �QiY,I'!�'v7 and my date of birth is pp /yt� � v / / My address is 610 /i�Aory ty" 'P/d1 ,444 Rc.yiAc71�4< X4 7 / d Ul '-110 J (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. .�.r Executed in /<{rr'9+v '2 County, State of �<kc"! ,on the��day oP��,20,�. (month) (year) Signature of aut�horized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.elhics.state.tx,us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos,i-4 and 6 if there are interested parties. . OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-398067 OLDCASTLE MATERIALS TEXAS, INC IRVING,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form rs 08129/2018 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. TC 2015-189 asphalttasphalt related materials ...........w_wwww..w_ 4 Nature of interest Name of interested Parry City,State,Country(place of business) (check applicable) Controlling I�T Intermediary 5 Check only if there is NO Interested party. ❑ X 6 UNSWORN DECLARATION `� My name is � v. r , 4.!t l l/Y 11., and my date of birth is......, ,`(—,�—�'� Tay/ My address is J i�tC VV � �Ns�Y tV` •✓Y L �A rte ,!!= `„C J.... (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. V/A ,,h! Executed in_.......-,y,/� „�1�, C!4 J County, State of Vii%,t/h ,on thd''`�day of 20-6 Mary 4aveless mon (year) , y� . Norary Pablie,- -..-.,.-_�...�..-�Ex.p..-S-irt-ea.-ts,e.:•o^9-f3 T/-c2^x°7a^/,s 2�019 .---—wwwww_-lgF i6�, n �a u!. ua\ gec 7 <,.ock no-fracti-rg. busmass entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Intl Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-405388 The Lane Construction Corporation Cheshire, CT United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/1.8/2018 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2018-165 Hot mix asphalt 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Benton, David Cheshire, CT United States X Cote, Michael Cheshire, CT United States X Junco, Kirk Cheshire, CT United States X Alger, Robert Cheshire, CT United States X Lane Industries Incorporated Cheshire, CT United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is IV 0AJ._TOfnkalSkl_____ and my date of birth is . My address is 109 Joshua Hill Road Woodbury— — CT 06798 USA (street) (city) (state) (zip Code) (country) I declare,under penalty of perjury that the foregoing Is true and correct. Executed in New Haven ______.__—_County, state of Connecticut on the 18 day of September.,201.$___. (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,0,6711 MRH COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Consider authorizing the City Manager to execute an interlocal agreement between the cities of North Richland Hills, Haltom City, Watauga and Richland Hills to form a joint Crime Victim Assistance Program PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: The City of North Richland Hills has been awarded grant funding under the Victims of Crime Act through the Office of the Governor's Criminal Justice Division (CJD) General Victim Assistance FYI Grant. The cities of North Richland Hills, Haltom City, Watauga and Richland Hills are partnering to form a new Crime Victim Assistance Program. GENERAL DESCRIPTION: The CJD's FY19 General Victim Assistance—Direct Services Grant Program earlier this year announced grant funding for the purposes of providing services and assistance directly to victims of crime to speed their recovery and aid them through the criminal justice process. The City of North Richland Hills (NRH) made application for the grant and was awarded funding for a Crime Victim Assistance Program. The cities of NRH, Haltom City, Watauga and Richland Hills are partnering to form a joint program through information, collaboration and advocacy. The partner cities are desirous to enter into an interlocal agreement to provide prompt, comprehensive and compassionate victim services to all victims of violent crime in the four-city area by providing trained crime victim advocates to assist them throughout the process and beyond once any criminal proceedings are concluded. NRH will be the fiscal agent for the grant and will manage the program's personnel, related costs, and equipment. Any matching requirements and additional program costs will be shared with the partner cities based on percentages outlined in the agreement for program expense sharing. RECOMMENDATION: To authorize the City Manager to execute an interlocal agreement between the cities of North Richland Hills, Haltom City, Watauga and Richland Hills to form a joint Crime Victim Assistance Program. INTERLOCAL AGREEMENT JOINT CRIME VICTIM ASSISTANCE PROGRAM FOR THE CITIES OF NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS, AND WATAUGA TEXAS THE STATE OF TEXAS )( COUNTY OF TARRANT )( The parties to this Agreement ("AGREEMENT"), are the Cities of North Richland Hills ("NORTH RICHLAND HILLS"), Haltom City ("HALTOM CITY"), Richland Hills ("RICHLAND HILLS"), and Watauga ("WATAUGA"), all Home Rule municipalities of Tarrant County, Texas, each acting by and through its duly authorized city manager or mayor. WITNESSETH: WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA are desirous of partnering to form a joint Crime Victim Assistance Program through information, collaboration and advocacy; and WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA desire to enter into this Agreement to provide prompt, comprehensive and compassionate victim services to all victims of violent crime, lessen the impact of the crime, aid in survivor's recovery and encourage participation in the criminal justice system; and WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA desire to respond to the emotional and physical needs of crime victims in the four-city area by providing trained crime victim advocates to assist them throughout the process and beyond once any criminal proceedings are concluded; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the"Act"); NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS AND WATAUGA HEREBY AGREE AS FOLLOWS: Section 1. Recitals. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This Agreement shall be for an initial term of two (2) years commencing on October 1, 2018 and ending September 30, 2020, and may be extended thereafter by mutual consent of the parties hereto for one successive two (2) year term. Section 3. Scope of Services to be provided by NORTH RICHLAND HILLS. NORTH RICHLAND HILLS will be responsible for the management of the Crime Victim Assistance Program. NORTH RICHLAND HILLS will employ one Victim Assistance Coordinator and two Victim Assistance Specialists civilian personnel. NORTH RICHLAND HILLS will apply for available grant funding to fund the Crime Victim Assistance Program's personnel, related costs, and equipment needed to effectively provide services to crime victims. Any matching requirements and additional program costs will be shared with the partner cities based on percentages outlined for program expense sharing in the attached exhibit. NORTH RICHLAND HILLS will apply annually for a continuation of available grant funding to fund, in whole or in part, the Crime Victim Assistance Program. Section 4. Payments for Services Performed. HALTOM CITY, RICHLAND HILLS and WATAUGA will pay the sum listed in the corresponding exhibit to NORTH RICHLAND HILLS for the Fiscal Year 2018/19. The amount of charges shall be established based on the adopted Fiscal Year 2018/19 NORTH RICHLAND HILLS Police Department for the Crime Victim Assistance Program as expressed in Exhibit A. Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. Payments shall be paid by HALTOM CITY, RICHLAND HILLS and WATAUGA to NORTH RICHLAND HILLS in four (4) equal installments due on the 111 day of each calendar quarter beginning October 1, 2018 and each subsequent calendar quarter of NORTH RICHLAND HILLS' fiscal year and continuing thereafter throughout the term of the Agreement. Each annual payment amount shall be in accordance with NORTH RICHLAND HILLS' fiscal year Police Department operating budget for the Program adjusted annually to include budgeted increases in operating costs as anticipated to be approved by the NORTH RICHLAND HILLS City Council during the annual budgeting process for the upcoming fiscal year beginning October 1, multiplied by the cost share amount to be determined by each cities' last full year's Texas Department of Public Safety Part 1 crime numbers. NORTH RICHLAND HILLS shall notify HALTOM CITY, RICHLAND HILLS and WATAUGA of the anticipated program costs by May 301h of each fiscal year for budgeting and planning purposes. The budget submittal will include an itemized detail of the anticipated costs and the associated difference(s) from the previous fiscal year budget. The final costs will be determined and communicated in writing when the NORTH RICHLAND HILLS City Council adopts the NORTH RICHLAND HILLS annual budget, but shall not exceed the estimate by more than 5%. The annual cost increase for HALTOM CITY, RICHLAND HILLS and WATAUGAfor the Crime Victim Assistance Program shall not exceed the percentage increase of the NORTH RICHLAND HILLS Police Department's annual operating budget. Section 5. Cancellation. HALTOM CITY, RICHLAND HILLS and WATAUGA shall have the right to terminate, based on the provisions of this Agreement if NORTH RICHLAND HILLS breaches any of its terms or fails to perform any of its obligations under this Agreement and then fails to cure the breach or failure within thirty (30) days following written notice from HALTOM CITY, RICHLAND HILLS or WATAUGA. If the Agreement is terminated under this paragraph, NORTH RICHLAND HILLS shall be entitled to retain money already received prorated to the period from the last payment until the date of termination, and shall refund the remainder to the respective city. After the initial twelve (12) months of this Agreement, any party shall have the right to terminate this Agreement by giving written notice to the other parties at least six (6) months prior to October 1 of the subsequent Fiscal Year for the Crime Victim Assistance Program. All payments by HALTOM CITY, RICHLAND HILLS or WATAUGA to NORTH RICHLAND HILLS shall continue until the cancellation date or as mutually agreed to by all parties. Section 8. Notices. All notices required or provided for in this Agreement shall be sent to the following parties by certified mail — return receipt requested: City Manager City Manager North Richland Hills Haltom City 4301 City Point Drive 5024 Broadway Ave. North Richland Hills, TX 76180 Haltom City, TX 76117 City Manager City Manager Richland Hills Watauga 3200 Diana Dr. 7105 Whitley Rd. Richland Hills, TX 76118 Watauga, TX 76148 This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters in this Agreement. Executed as of the day and year first identified hereinabove, NORTH RICHLAND HILLS, signing by and through its City Manager, and HALTOM CITY, RICHLAND HILLS and WATAUGA signing by and through its officers or officials duly authorized by official action of its governing body. CITY OF NORTH RICHLAND HILLS, TEXAS By: Mark Hindman, City Manager APPROVED AS TO FORM: By: Maleshia McGinnis, City Attorney CITY OF HALTOM CITY By: CITY OF RICHLAND HILLS By: CITY OF WATAUGA By: EXHIBIT "A" Vf(.TIM ASSISTAKE PROGRAM FY 18-19 OPERATING BUDGET mmfs�w G"NT SASH MArC MM 4342% 34»ft 5 79% SAW Fum 135 ;WdI34 rAftomilrbad P,�.p.d wdpt UP" mft*m!Nl watow 0 WdWAM MR. fi,ia i4igw................................................. 5 W4nWAA tiO s 22,0252 $2,9,14 a2 Ww I' ol s 4"4a M 22 Z1.24 m l'sts n ww4mg�Irmpmam" 4,0350 5 4 M W 2,11310 1,000" s 666AW 3W.12 U-Wf#� 1 2 4�w lAga" aft" B43" lw ST M- ✓mn 27'm w 5 27 72600 5 12,1087 M23 A61 1,"274a ww 5aW4. 1072am S WN✓lw IAM s MIMI," $ 1194,232.sl p sw,4 OAl 5 3.S,7" 20,2BX n MAO mik s 214.1.2 ATI is s "'Os & 40.l MS.Wg-�5rHFW'1GMR.4TWMrt3 $I Azww q 23LL OO 525 ts 0117 1AS 4r s ",I 10'"m 2 1015 W w 2 4,732&R .9110U 5 1,"g 22 i 016'9.5& Tvw Qffw"NWVWAl 5 12,500.00 S 5,4TYA15 1W 4,2"A; S I'M43 3 %,ocaJ4 .................................................. ........................................................... 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WArAUGA 472 1x.7 RH Z75 GIG ............................................ -----------------—-------------------- ——————————————— ——— 5,42:1- pllmM Alvlolm P41tH NOKTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: ZC 2018-21, Ordinance No. 3542, Public hearing and consideration of a request from Convergence Capital for a zoning change from AG Agricultural to C-1 Commercial in the 8900-9100 block of Mid Cities Boulevard, being 8.443 acres described as Tract 12G, T.K. Martin Survey, Abstract 1055. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of the Estate of William D Souder and Lucas FLP Farms, Ltd., Convergence Capital LLC is requesting a zoning change from AG Agricultural to C-1 Commercial on 8.443 acres located in the 8900-9100 block of Mid-Cities Boulevard. GENERAL DESCRIPTION: The property is located on the north side of Mid-Cities Boulevard across from Birdville High School. The site is immediately west of The Home Depot and east of the Brynwyck subdivision. The property is vacant. The applicant is requesting a zoning change to C-1 Commercial with the intent to develop the site with office and commercial uses. The 8.443-acre site has approximately 1,200 feet of frontage on Mid-Cities Boulevard and is approximately 330 feet deep. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Neighborhood Service." This designation is intended to permit limited service establishments and retail stores for the benefit of adjacent and nearby residential areas. CURRENT ZONING: The property is currently zoned AG Agricultural. The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. PROPOSED ZONING: The proposed zoning is C-1 Commercial. This district is intended to permit a variety of retail trade, personal and business services establishments, and offices. SURROUNDING ZONING I LAND USE: 1*41kH NORTH RICHLAND HILLS e e e o NORTH R-2 Single Family Residential Low Density Residential Single-family residences AG Agricultural Residential estate lots R-1 Single Family Residential WEST PD Planned Development Low Density Residential Single family residences(Brynwyck) LR Local Retail Neighborhood Services Vacant SOUTH U School,Church,Institutional Public/Semi-Public Public school(Birdville High School) EAST PD Planned Development Retail Retail store(The Home Depot) PLAT STATUS: The property is currently unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 6, 2018, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3542. as sa35oa 0 z z a 0 J m as 3NdaO 0 z a as 3aaia z J v 3"NMVH z m z J J a z 0 Mimi r r Ir 'ngrr 'il I du ui ; %�%m «rrr m r(rrr m arr 're�i%J mem / TqRH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZC 2018-21 You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map requesting a Zoning Change. APPLICANT Convergence Capital LOCATION 8900-9100 block of Mid Cities Boulevard REQUEST Public hearing and consideration of a request from Convergence Capital for a Zoning Change from AG Agricultural to C-1 Commercial in the 8900-9100 block of Mid Cities Boulevard, being 8.3 acres described as Tract 12G, T.K. Martin Survey, Abstract 1055. DESCRIPTION Proposed change is for a future office/commercial development. PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, September 06, 2018 City Council 7:00 PM Monday, September 24, 2018 MEETING LOCATION City Council Chambers -Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning @nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP .1---------- ------ ........................ "IMP- - - ----- -- -—--- ---------------------------- .......... --------------- -- --------- . ........ .. ---- ........... 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[Lit N ArLJ-I--f------ Feet Prepared by Planning 8/22/2D18 0 100 2co 400 FX)0 800 Existing Zoning Agricultural Proposed Zoning = Cl - Commercial Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com Owner Mailing Address City,State Zip BIRDVILLE, ISD 6125 E BELKNAP ST FORT WORTH,TX 76117 C&G CUSTOM HOMES LLC 75 MAIN ST STE 100 COLLEYVILLE,TX 76034 CHAPOY, KATHLEEN A 6340 BRYNWYCI(LN NORTH RICHLAND HILLS,TX 76182 CHEN,SHUANG 6344 BRYNWYCI(LN NORTH RICHLAND HILLS,TX 76182 CONVERGENCE CAPITAL LLC PO BOX 631 COLLEYVILLE,TX 76034 COX, DARYL 8908 MICHELLE LN NORTH RICHLAND HILLS,TX 76182 GONZALES, ISRAEL 6324 BRYNWYCI(LN NORTH RICHLAND HILLS,TX 76182 HD DEVELOPEMENT PROPERTIES LP PO BOX 105842 ATLANTA,GA 30348 HUDSON,JASON C 6400 ROGERS DR NORTH RICHLAND HILLS,TX 76182 HUDSON,JASON C 6400 ROGERS DR N RICHLND HLS,TX 76182 KIME,AMY B 6348 BRYNWYCI( LN NORTH RICHLAND HILLS,TX 76182 MANRY WESLEY E ASSETTRUST 500 RS CR 3378 EMORY,TX 75440 MERITAGE HOMES OF TEXAS LLC 8840 CYPRESS WATERS BLVD STE 1 DALLAS,TX 75019 MUNOZ, DANIEL 6332 BRYNWYCI( LN NORTH RICHLAND HILLS,TX 76182 NUNEZ, CHRISTOPHER 8900 MICHELLE LN NORTH RICHLAND HILLS,TX 76182 ORTIZ, LUIS A 6408 ROGERS DR FORT WORTH,TX 76182 OUR COUNTRY HOMES INC 700 W HARWOOD RD STE G2 HURST,TX 76054 PATEL, KRUPAL B 6345 BRYNWYCK LN NORTH RICHLAND HILLS,TX 76182 PATEL,SEJAL 6341 BRYNWYCK LN NORTH RICHLAND HILLS,TX 76182 RAGLE,TROY 6328 BRYNWYCK LN NORTH RICHLAND HILLS,TX 76182 ROGERS, CHARLES RAY 6417 ROGERS DR FORT WORTH,TX 76182 SANCHEZ, PATRICIA R 5105 MAPLEWOOD CT NORTH RICHLAND HILLS,TX 76180 SIFUENTES, PATRICIA E 6336 BRYNWYCK LN NORTH RICHLAND HILLS,TX 76182 SORRELLS, PHILLIP A 8920 MARTIN DR NORTH RICHLAND HILLS,TX 76182 SOURER,W D 1303 BRIAR RIDGE DR KELLER,TX 76248 SUMMERS,GORDON 8912 MARTIN DR FORT WORTH,TX 76182 VAN HOOSIER, HEATHER 6352 BRYNWYCK LN NORTH RICHLAND HILLS,TX 76182 ad 2 7 n &g E x i r B r $ C I 0 odrvo J sJ.o% J ». 9eyefiP W 4 qq S - a wrL yy� 6�1 'tl i� 'r. alxs m nnWamrrvxs✓d Ax ) Y ------------------ n' IN dda g x o gti: b§ b wb- b P et 0 8 t+ )) � x xb k s U S ya fi q z z mCr J n- s� Z Y4� Y x �fi 0 b Fryrye' rb t� Y r � 3 � I §� i g moos �. p dp pk ( 9 la ,_ ORDINANCE NO. 3542 ZONING CASE ZC 2018-21 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING AN 8.443-ACRE TRACT OF LAND LOCATED IN THE 8900-9100 BLOCKS OF MID-CITIES BOULEVARD FROM AG (AGRICULTURAL) TO C-1 (COMMERCIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 8.443 acres of land located in the 8900-9100 blocks of Mid-Cities Boulevard (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to C-1 (Commercial); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 6, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 24, 2018, with respect to the zoning change described herein; and Ordinance No. 3542 ZC 2018-21 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (Agricultural) to C-1 (Commercial) 8.3 acres of property described as Tract 12G, T.K. Martin Survey, Abstract 1055, as described on Exhibit 'A," attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved C-1 (Commercial) zoning, as set forth above. Section 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, Ordinance No. 3542 ZC 2018-21 Page 2 of 4 and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 24th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Ordinance No. 3542 ZC 2018-21 Page 3 of 4 Approved as to form and legality: Maleshia Farmer, City Attorney Ordinance No. 3542 ZC 2018-21 Page 4 of 4 Exhibit A—Property Description—Ordinance No.3542—Page 1 of 1 Zoning Case ZC 2018-21 Tract 12G,T.K.Martin Survey,Abstract 1055 8900-9100 blocks Mid-Cities Boulevard,North Richland Hills,Texas All that certain 8.443 acres of land, out of the 27.4712 acre tract, described in the deed Lucas F.L.P.,Farmers,LTD,recorded in Document Number D204186240 in the Public Records of Tarrant County,Texas(P.R.T.C.T.),in the T.K. Martin Survey,A-1055,City of North Richland Hills,Tarrant County, Texas and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone) BEGINNING at a TXDOT monument found for the southeast corner of Lot 4, Block C, Brynwyck, recorded in Document Number D208364504 P.R.T.C.T., in the west line of said 27.4712 acre tract, in the north right-of-way line of Mid-Cities Boulevard (120-foot R.O.W), and which is the southwest of the herein described tract; THENCE North 00 degrees 1S minutes 22 seconds West—along the east line of said Brynwyck, passing at 180.02 feet a%-inch iron rod with cap stamped"SPRY 5647"found for the northeast corner of said Lot 4, Block C, Brynwyck, continuing along the east line of Block A, Brynwyck, recorded in Document Number D21213656 P.R.T.C.T.for a total distance of 333.41 feet to a Yz- inch iron rod with a cap stamped "SPRY 5647" set for the northwest corner of the herein described tract, from which a %-inch iron rod with a cap stamped "LBS 3946" bears North 89 degrees 09 minutes East-0.33 feet; THENCE North 89 degrees 09 minutes 15 seconds East—1197.81 feet to a %-inch iron rod with cap stamped "HORIZON"found for the northeast corner of the herein described tract,common to the northeast corner of said 27.4712 acre tract and southeast corner of Lot 7, Block 1, of Parkman Addition, recorded in Volume 388-9,Slide 648, P.R.T.C.T.and in the west line of Lot 1R- 1, Block A, Home Depot Addition,recorded in Doc No.202210376, P.R.T.C.T.; THENCE South 00 degrees 29 minutes 41 seconds East—304.95 feet along the common line of said 27.4712 acre tract and said Lot 111-1, Block A, Home Depot Addition, to a Y:-inch iron rod with cap stamped"WAI",found for the southwest corner of said Lot 1R-1, Block A, Home Depot Addition, common to the southeast corner of the herein described tract and in the north right- of-way of said Mid-Cities Boulevard; THENCE South 89 degrees 40 minutes 09 seconds West—530.51 feet along the north right-of- way line of said Mid-Cities Boulevard to a TXDOT monument found for the beginning of a curve to the left, having a central angle of 06 degrees 37 minutes 53 seconds,a radius of 5789.58 feet and a chord bearing and distance of South 86 degrees 18 minutes 38 seconds West—669.71 feet; THENCE along said curve to the left, continuing along the north right-of-way line of said Mid- Cities Boulevard, an arc distance of 670.08 feet, to the POINT OF BEGINNING and containing 8.443 acres of land. MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 6, 2018 C.6. ZC 2018-21 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CONVERGENCE CAPITAL FOR A ZONING CHANGE FROM AG AGRICULTURAL TO C-1 COMMERCIAL IN THE 8900-9100 BLOCK OF MID CITIES BOULEVARD, BEING 8.3 ACRES DESCRIBED AS TRACT 12G, T.K. MARTIN SURVEY, ABSTRACT 1055. APPROVED Chairman Justin Welborn introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chairman Welborn called for the applicant to present the request. Mike Standish, on behalf of Convergence Capital, P.O. Box 631, Colleyville, Texas 76034, presented the request. Rhonda Berry, 1215 Powder River Trail, Southlake, Texas 76092, also presented the request. Vice Chairman Jerry Tyner and Ms. Berry discussed the tree survey of the property. Chairman Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Vice Chairman Tyner and the applicant discussed curb cuts and how many are anticipated. Ms. Berry stated there is no conceptual design at this time and mentioned the current curb cut locations. Mark Wood, 6617 Precinct Line Road, North Richland Hills, Texas 76182, spoke in support of the request. Michelle Cox, 8908 Michelle Lane, North Richland, Texas, 76182, spoke in opposition to the request. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Chairman Justin Welborn called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak Chairman Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER KATHY LUPPY, SECONDED BY COMMISSIONER DON BOWEN TO APPROVE ZC 2018-21. MOTION TO APPROVE CARRIED 7-0. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 2 of 2 P41tH NOKTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: ZC 2018-13, Ordinance No. 3540, Public hearing and consideration of a request from ClayMoore Engineering for a zoning change from AG Agricultural to 0-1 Office at 8165 Precinct Line Road, being 1.817 acres described as Tracts 813, 8C, and A, Thomas Peck Survey, Abstract 1209; and Tracts 5D and 5F, Stephen Richardson Survey, Abstract 1266. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of Golightly Family Trust, ClayMoore Engineering is requesting a zoning change from AG Agricultural to 0-1 Office on 1.817 acres located at 8165 Precinct Line Road. GENERAL DESCRIPTION: The property is located on the west side of Precinct Line Road, south of North Tarrant Parkway. The site abuts the Kroger Marketplace retail center, and it is currently developed with a single-family residence and barn. The applicant is requesting a zoning change to 0-1 Office with the intent to develop the site with a medical office building. The 1.817-acre site has 200 feet of frontage on Precinct Line Road and is approximately 396 feet deep. The site under consideration is the front portion of a 5.77-acre property. The existing house is located on the portion of the property proposed for rezoning to 0-1 Office. If the zoning change were approved, the house would have to be demolished, moved, or converted for commercial uses. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. Through the Land Use Plan update process currently underway, the Strategic Plan Committee has not yet recommended any revision to the planned use of this area, and it remains as recommended for Low Density Residential. CURRENT ZONING: The property is currently zoned AG Agricultural. The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of l'*IR.H NORTH RICHLAND HILLS utilities, major streets, schools, and other facilities so that reasonable development will occur. PROPOSED ZONING: The proposed zoning is 0-1 Office. This district is intended to permit professional, medical, and organizational offices. DEVELOPMENT REVIEW COMMITTEE: At the September 6, 2018, Planning and Zoning Commission meeting, the Development Review Committee (DRC) recommended denial of the request. The recommendation was based on the 2012 and draft 2018 Future Land Use Plan recommendation for Low Density Residential in this area. The DRC was also concerned about the fragmentary or piecemeal development approach that may occur on the property if not properly master planned. There is a five-acre tract between this property and the developing Thornbridge North residential subdivision. Understanding the plan for build-out of these 10 acres would result in better connections, buffers, land use adjacencies, and other factors. SURROUNDING ZONING I LAND USE: ® ® EEMZEC= A e NORTH PD Planned Development Retail Retail center WEST AG Agricultural Low Density Residential Single family residence SOUTH R-2 Single Family Residential Low Density Residential Single family residence EAST (Located in Colleyville) (Located in Colleyville) Offices PLAT STATUS: A portion of the property is currently unplatted. Approval of a plat would be required prior to any new development on the site. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 6, 2018, meeting and voted 5-0-2 to recommend approval (Welborn and Tyner abstaining). RECOMMENDATION: Conduct a public hearing and consider Ordinance No. 3542. allln�(allo� PRECINCT LINE RD NI V1110Htl x 0 p tr W G tr V 1x10901 a z x x cc z p CABALLO DR z 210 3901NN210H1 O a Z 00 O F7 r Z,,-� a 10 311SIH1 r�%'i���/it/w��/����/����j�/�i/i,////�. /��f��'��//�� ��r s. � i�;"'''.w.! ✓r�„�;,!�„'�r .r ■^ �,r ��/ G lr ° r id 11 r II /r TqRH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZC 2018-13 You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map requesting a Zoning Change. APPLICANT ClayMoore Engineering LOCATION 8165 Precinct Line Road REQUEST Public hearing and consideration of a request from ClayMoore Engineering for a Zoning Change from AG Agricultural to 0-1 Office at 8165 Precinct Line Road, being 1.817 acres described as Tracts 8B, 8C, and A, Thomas Peck Survey, Abstract 1209; and Tracts 5D and 5F, Stephen Richardson Survey, Abstract 1266. DESCRIPTION Proposed change for future office site of Northstar Dermatology. The existing home on the property is planned to be relocated. For more information, visit NRHTX.com/map PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, September 06, 2018 City Council 7:00 PM Monday, September 24, 2018 MEETING LOCATION City Council Chambers -Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning @nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP Z_ .......... ................................... ................I NORTH TARRANT PKWY ---7.spl ----------- ....... .......... � , � ��,_r�.....................------- ................. ........................................................ "3 ------------------------ - ------ .... ................11 7E-) ............. ------- ...... .......... F1J—L-J------ Feet Prepared by Planning 8/22/2D18 it 95 190 38❑ 570 76❑ 011f '1110111q j,I 1 4 Y/ K, X-2 EXNT./0N1N(, 4GRICUf TRE 0 o AG x at I" FROP.70NING z ICL LJOINI-If b z lu tY NMIZ7 �WI,02- SHOP-1163CENTER cc-2 Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com Owner Mailing Address City, State Zip BEATEN PATH DEVELOPMENT LLC 700 W HARWOOD RD STE G2 HURST,TX 76054 RATCLIFF, GENE 8161 PRECINCT LINE RD FORT WORTH,TX 76182 GOLIGHTLY FAMILY TRUST 8165 PRECINCT LINE RD NORTH RICHLAND HILLS,TX 76182 .............. xi a x9ololvftuga HVISHILHONJ 11"InVi 9NINOZ yE I,z 7� J A"' W .0 7'R, OVOH aNIP IONIOBHd o IF ViVc Jmu�i "I N0[1Y 11 1 UIFJ FVAIII N"11' 'U I C�I F�'11 I\U. I NOU'All .1��1-1,ViVt �u ul�u 11 ORDINANCE NO. 3540 ZONING CASE ZC 2018-13 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 1.817-ACRE TRACT OF LAND LOCATED AT 8165 PRECINCT LINE ROAD FROM AG (AGRICULTURAL) TO 0-1 (OFFICE); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 1.817 acres of land located at 8165 Precinct Line Road (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to 0-1 (Office); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 6, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 24, 2018, with respect to the zoning change described herein; and Ordinance No. 3540 ZC 2018-13 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (Agricultural) to 0-1 (Commercial) 1.817 acres of property described as Tracts 813, 8C, and A, Thomas Peck Survey, Abstract 1209, and Tracts 5D and 5F, Stephen Richardson Survey, Abstract 1266, commonly referred to as 8165 Precinct Line Road, as described on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved 0-1 (Office) zoning, as set forth above. Section 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall Ordinance No. 3540 ZC 2018-13 Page 2 of 4 not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 24th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Ordinance No. 3540 ZC 2018-13 Page 3 of 4 Approved as to form and legality: Maleshia McGinnis, City Attorney Ordinance No. 3540 ZC 2018-13 Page 4 of 4 Exhibit A—Property Description—Ordinance No.3540—Page 1 of 1 Zoning Case ZC 2018-13 Tracts 8B,8C,and A,Thomas Peck Survey,Abstract 1209 Tracts 5D and 5F,Stephen Richardson Survey,Abstract 1266 8165 Precinct Line Road,North Richland Hills,Texas BEGINNING at a brass monument found for the southeast corner of Lot 4R,Block 1,North Tarrant Marketplace,an addition to the City of North Richland Hills,Tarrant County,Texas, according to the plat thereof recorded in Document No. D216080757,of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), same being the northeast corner of said Golightly tract, and lying on the current west right-of-way line of Precinct Line Road (variable width right-of-way); Thence South 01 degrees 01 minutes 02 seconds West,with the current west right-of-way line of said Precinct Line Road,a distance of 121.19 feet to brass monument found for corner; Thence South 00 degrees 45 minutes 08 seconds East,continuing with the current west right-of- way line of said Precinct Line Road,a distance of 79.63 feet to an aluminum monument found for the northeast corner of a tract of land described to Gene E. Ratcliff and wife,Joan C. Ratcliff by deed recorded in Volume 8361, Page 99, D.R.T.C.T., same being the southeast corner of said Golightly tract; Thence North 89 degrees 52 minutes 54 seconds West, departing the current west right-of-way line of said Precinct Line Road,with the north line of said Ratcliff tract,a distance of 395.02 feet to a Y-inch rebar with a cap stamped"ASC"set for the southwest corner of the herein described tract; Thence North 00 degrees 02 minutes 06 seconds East, departing the north line of said Ratcliff tract, over, across, and through said Golightly tract, a distance of 200.22 feet to a %-inch rebar with a cap stamped "ASC' set for the northwest corner of the herein described tract, and lying on the south line of Lot SR, Block 1 of said North Tarrant Marketplace; Thence South 89 degrees 57 minutes 54 seconds East,with the south line of said North Tarrant Marketplace, a distance of 396.00 feet to the Point of Beginning and containing 79,153 square feet or 1.817 acres of land, more or less. MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 6, 2018 C.4. ZC 2018-13 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING FOR A ZONING CHANGE FROM AG AGRICULTURAL TO 0-1 OFFICE AT 8165 PRECINCT LINE ROAD, BEING 1.817 ACRES DESCRIBED AS TRACTS 813, 8C, AND A, THOMAS PECK SURVEY, ABSTRACT 1209; AND TRACTS 5D AND 5F, STEPHEN RICHARDSON SURVEY, ABSTRACT 1266. APPROVED Vice Chairman Jerry Tyner stated he filed an affidavit of disqualification and exited the Council Chambers at 10:41 p.m. Commissioner Kathy Luppy introduced the item, opened the public hearing, and called for Planning Manager Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Commissioner Luppy called for the applicant to present the request. Amir Aboutalebi, 2826 Volterra Way, Keller, Texas 76248, presented the request. Matt Moore, on behalf of ClayMoore Engineering, 1903 Central Drive, Bedford, Texas 76021, continued to present the request. Commissioner Luppy and Mr. Moore discussed the plans for the existing residence on the lot. Janet Golightly, 8165 Precinct Line Road, North Richland Hills, Texas 76182, continued to present the request. Michelle Rawls, realtor for the Golightly family, 2104 East State Highway 114, Southlake, Texas, 76092, continued to present the request. Commissioner Luppy called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Ex-Officio Kelvin Deupree and Mr. Comstock discussed the 2012 Comprehensive Plan with respect to the subject property and Kroger Marketplace. Commissioner Sarah Olvey and Mr. Comstock discussed the proposed layout of the property. Commissioner Luppy called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Commissioner Luppy closed the public hearing. Commissioner Don Bowen stated in this scenario the applicants presented valid arguments for the subject property to be zoned office rather than single-family residential as shown on the 2012 Land Use Plan. A MOTION WAS MADE BY COMMISSIONER MASON ORR, SECONDED BY COMMISSIONER SARAH OLVEY TO APPROVE ZC 2018-13. MOTION TO APPROVE CARRIED 5-0-2, WITH CHAIRMAN JUSTIN WELBORN AND VICE CHAIRMAN JERRY TYNER ABSTAINING. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 2 of 2 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: SUP 2018-07, Ordinance No. 3538, Public hearing and consideration of a request from Zone Systems, Inc. for a special use permit for a communications tower at 8825 Bud Jensen Drive, being 2.749 acres described as Lot 2R, Block 1, UICI Addition. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of 8825 Bud Jensen Drive LLC, Zone Systems, Inc., is requesting a special use permit (SUP) for a 100-foot tall communications tower. The tower site is located on the north side the Sey Tec building lot located at 8825 Bud Jensen Drive, east of Hawk Avenue, and immediately adjacent to the Birdville High School athletic fields. GENERAL DESCRIPTION: The zoning ordinance requires approval of an SUP for any communications tower over 45 feet in height. Communication towers are permitted by SUP in all nonresidential zoning districts. The zoning ordinance also provides for regulations and standards for communication towers. These standards are intended to minimize the adverse visual effect of the towers, provide careful siting of tower structures, and maximize the opportunities for co-location of multiple service providers. The wireless provider associated with this application is Verizon Wireless. A site plan for the proposed tower is attached. In addition, a letter from the applicant is attached, which provides more detail about the request and compares existing and future cellular coverage. The total property is 2.75 acres in size, but the lease area for the communication tower is a 520-square-foot located near the northeast corner of the property. Planned improvements to the site include a 100-foot concealment tower (stealth tower) with a three-foot lightning rod, resulting in an overall height of 103 feet. The antennas are located inside the tower, so there is not an antenna array at the top. The tower is designed to accommodate two wireless carriers. A six-foot screening wall already exists on the north side of the site between this property and the high school field and track. A six-foot tall masonry wall enclosure with access gates would be constructed on the other sides of the lease area. A gate would be located on the front (south) side of the enclosure to provide access to the equipment area. Two ornamental iron gates would be installed on the east and west sides at the rear of the enclosure due to the location of an existing utility easement. There are not any buildings proposed for the site. All equipment would be located in outdoor cabinets. MRH Section 118-768(b) of the zoning ordinance requires that tower locations conform to the adopted Communication Tower Buffer Zone Map. These standards require a 300-foot buffer from residentially zoned property, a 150-foot buffer from arterial streets and commuter rail lines, and a 1,500-foot buffer from another communication tower. The location of the proposed tower satisfies these setbacks, as shown in the map below. The green areas represent locations that conform to the setback standards. M . III .. I w ii I 1711111 t�s✓ Due to the tower's proposed location near a public school and residential areas, the Development Review Committee requested that the applicant provide visualizations showing how the area would appear after the construction of the tower. The images provided by the applicant are attached. Applications for special use permits provide an opportunity to address modifications to specific development standards for the site and consider reasonable conditions on the operation, location, arrangement, and manner of construction. A requested modification to the standards and a recommended landscape enhancement is described in more detail below. All other development standards for communication towers have been satisfied. Tower setback The applicant is requesting a modification of the required tower setback for the property. The standards require that the tower be located in such a manner that if the structure should fall along its longest dimension it will remain within the property boundaries and avoid habitable structures and streets. Based on the proposed tower height, the required setback from all property lines is 103 feet. The tower location meets this standard on all sides except for the west property line. The applicant is requesting a setback of 10 feet on the north side and 25 feet on the east side. For comparison purposes, the field lights on the Birdville High School field and track that abut the site are approximately 70 feet tall and have a setback of approximately 15 feet. Landscape enhancement MRH Communication tower sites are required to be landscaped. While the proposed tower site is on a developed lot, previous SUP approvals have included landscaping designed to screen and soften the view of ground equipment and screening walls. Since the tower site is located adjacent to an existing screening wall and parking lot, the DRC recommends adding two canopy trees on the west side of the enclosure. These trees will soften the view of the wall from the current and adjacent property. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Office." This designation is intended to permit professional and organizational offices with accessory and related uses. CURRENT ZONING: The property is currently zoned 0-1 Office. The 0-1 district is intended to permit the professional and organizational office needs of the community. PROPOSED ZONING: The applicant is requesting a special use permit for a communication tower over 45 feet in height. A change in the base zoning of 0-1 Office is not requested or required. SURROUNDING ZONING I LAND USE: e e NORTH U School,Church,Institutional Public/Semi-Public Public school(Birdville High School) WEST 0-1 Office Neighborhood Services Vacant SOUTH U School,Church,Institutional Public/Semi-Public N R H Centre EAST 0-1 Office Office Vacant PLAT STATUS: The property is currently platted as Lot 2R, Block 1, UICI Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 6, 2018, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3538. 0 0 x h U U It W a a 0 z w N Z W O co m 3AV NMVH N a x a 0 0 w z a m F 0 x w 0 1S3�O'�a r / I; t, u r / / ��ry1ui r' ' +, �Wi�fG!7YA'�rlCi✓�, /+ � ri��l����..� ®/�/////�/dlij%// . _ I / I / /ii/ /riiiirr TqRH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: SUP 2018-07 You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map requesting a Special Use Permit. APPLICANT Zone Systems, Inc. LOCATION 8825 Bud Jensen Drive REQUEST Public hearing and consideration of a request from Zone Systems, Inc. for a Special Use Permit for a communications tower at 8825 Bud Jensen Dr, being 2.749 acres described as U I C I Addition, Block 1, Lot 2R. DESCRIPTION Proposal for 100-foot tall communications tower located at the rear of the property adjacent to the Birdville High School athletic fields. Planning and Zoning Commission PUBLIC HEARING DATE 7:00 PM Thursday, September 06, 2018 City Council 7:00 PM Monday, September 24, 2018 City Council Chambers -Third Floor MEETING LOCATION 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning @nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP ........................................ .......I.............................. ICE HOU SE DR ----- .......... ........ .......... ............................................ ... ...............------------ ...............-............. ................. ................. . .............. ---------- -- ----- fi ?,�A .1 44%70 N A -------IFeet Prepared by Planning 8/22/2D18 0 !00 200 400 cm aoo ..I Lonaton of Prqxsed Anterma rZ, � ....... .......... 'M 17a U I �J! �,F Vo 7— Poll', vrruni L 1!4' 7, 1.11'A I I 'A I- rOAFRULVADY1 Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com Owner Mailing Addres City, State Zip KARRION ENTERPRISES INC 121 S BROADWAY AVE STE 555 TYLER,TX 75702 8825 BUD JENSN DRIVE LLC 8825 BUD JENSON DR NORTH RICHLAND HILLS,TX 76180 CCI-RICHLAND HILLS I LP 800 BRAZOS ST STE 600 AUSTIN,TX 78701 BIRDVILLE, ISD 6125 E BELKNAP ST FORT WORTH,TX 76117 Z0NESySTEK4G INC. July 2, 2018 Planning Siu|T [i^/ ol'Norih Richland Hills 4301 [i\, Pnint [)rivc North Richland \[i|lo, T}{ 7b|Kg RK SpucificKmPtnoit 8k75 find Jensen Road \/crixooVVircicos Dear Stall \/orizon Wireless proyoyu^ (o Kate uswuhhuo1coou facility nn the property located 8i8X7'5 Had jtsonHioul. The 1Innperiy now onMmiusu two olory office budding thu{ isMektaiquurler, of Sey I cc an aerospace listener provider to the aerospace indust, An affiliate ofSey 'l cc is also {bcnpk \crof the property. Ile proposed V*ri/"oVVirc[txauo1euuukuoiii{ywill hc [ncuicd at the back of the pnVemy aQacent u) the IN&die Ilgh School adhei-ic HeWs. The she is in a commercial area. T hem iunuUt8t6y residential Juvch0ucUcuL Ile she "iH conwhi be Se; lie budding und Mc cell she at the rear ofthe site with parking. Ile cell Ate will contain ulA]-/vo[ stealth pole. Joe poltiyl00feet i* height o�tkul'fvul lighwing rod. I he she will be surroin-Ided by a six (6) lbot n1asonry wall that \vtll match the existing u/ui| along tile north side O[thcsite. Tbc cell she %vi|1 beounvuoJcd [* xouu^oor} v/u[l and uoniuin the stealth antenna and ground rqu\pnuen< {h*1vvi\lscrvc (hc \/t/iznnVVirclessoyn{ccu. Illurcinopuctuvui|ubluiotilo onnnpouudincuotoiowquipmuo( o[uoeuoudoeUu|urcu`TieruodMcrciospucuiuihepv|rk/r antennas O[u second Currior. Vtrizno Wireless looks ["r"arUln working v\i|h the (,iuofNorih lUoA|uod )tiUs uoicuponv* service. Thank �uu for yuurconsideration 5inccrc[y Yeto' Kavoough 400 *xwo I oMvc su/rsA " DA" AS rsxxyr5uon ^ WM sI 1 4440 ^ rAx 'AW941 ' zW ZONE SYSTEMS, INC. July 26, 2018 Mr. John Chapman Development Review Committee Planning Department City ol'North Richland Ifills 4301 City Point Drive North Richland Hills, "fX 76180 RI : SUP 2018-07 Vcrizon Wireless Dear Mr. Chapman: Per the Staff Review that we received we have modified our tiling documents. Attached are coverage maps, modified site plan with ownership and St)P filing number. The site plan is provided for the entire property. The site plan that was approved for the Sey Tech Company a few year ago. That site plan is the plan shown in the upper left portion of the drawing. 'There are five trees that are shown on this plan that are no longer on the property. All of those will be replaced as part ol'this project. The antenna facility compound will be surrounded by a fence to match the fence that runs along the back of the property. 1'hat fence is a masonry Icnce that is six feet in height. 'there is ground equipment adjacent to the antenna structure. There is no building. Verizon Wireless researched the area fiar a site that would serve the system. I3irdville School District did not wish to use. its athletic field light standards for our antennas. ']'here are not other structures in the area that provide the height needed to get the needed performance from this facility. There will be no advertising on or lighting ol'the facility. The pole will he near the existing fence adjacent to the f3irdville Athletic field. The poles are constructed to withstand predicted winds in the area 'I he base or foundation ol'the pole is generally eighteen (18) feet or more deep depending on the results of the soil test at the site. T'he fact that the antenna is built to withstand wind and is relied upon for service in all types of weather we request a waiver of the section ol'the zoning ordinance (See. 118-768(d) that provides for setbacks of"antenna structures from property lines. Thank you for your consideration. Sincerely, Peter Kavanagh I?nc. 1620 HANDLEY DRIVE, .SUITE A • DALLAS, TEXAS 75208 • (214) 941-4440 • RETERM,ZONESYSTEMS.COM U N 4� 7 C Q a O U 0 014" o ma o�c .'�ii3'%/7%�%,,//or////rofr/i///irii/r (r/1//✓�i/f////%/Ol%////,%!'(//'i�j /% �%"�J�r�/i %o/��%i: // f>''i/9/J'; 111 i/��qW!� ri�r/i rr BPI k uj a, Goy ,✓/,",rr m � m 2 V � a g `p O a° > g O 0 a 0 �rlrtlrl��/fir/O r%//fir/��//� � /// /0 /'/iioi "//✓' � / r /or /�Ir �/i/�/'/ /arye/ v `,% 0. CL LOA Xz u awwommuu / � x f� %Oi//r/r �/% j'//iy %' �'�y'/� ffT nY ' ri,�7i° � � �/fl�� "�//p✓r��/ uwuln ww fdl /� ✓!'; �/���j' n u�5,am,"dr��N�N6 ���/i � .y �k�,/��� %/ii// i�x/ �j ry�%/' '( Ica J j%�o� / %�r%// '0✓! / rpVr ,7 !/// xif i - �n r �� r W lf�� off/ IIY% ��i����/ r���%%/vm/Ix , milm of %��% /��/� i rig �9( Awl ORDINANCE NO. 3538 CASE SUP 2018-07 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A COMMUNICATIONS TOWER TO BE LOCATED AT 8825 BUD JENSEN DRIVE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for an accessory building for the purpose of constructing a communications tower over forty-five feet in height; and WHEREAS, the owner of the property located at 8825 Bud Jensen Drive (the "Property") has filed an application for a Special Use Permit to construct a 100-foot tall communications tower; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 6, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 24, 2018, with respect to the Special Use Permit described herein; and Ordinance No. 3538 SUP 2018-07 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a communications tower to be constructed on Lot 2R, Block 1, UICI Addition, commonly referred to as 8825 Bud Jensen Drive as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Ordinance No. 3538 SUP 2018-07 Page 2 of 4 Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED on this 24th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3538 SUP 2018-07 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary Approved as to content: Clayton Comstock, Planning Manager Approved as to form and legality: Maleshia McGinnis, City Attorney Ordinance No. 3538 SUP 2018-07 Page 4 of 4 Exhibit A—Property Description—Ordinance No.3538—Page 1 of 1 Special Use Permit Case SUP 2018-07 Lot 2R,Block 1,UICI Addition 8825 Bud Jensen Drive,North Richland Hills,Texas � xrnw a ay� Y �9 r F7t"rikcu ++ rk� n °" a z s + mrv � x .aa 9 v4rru n q 8 '� ^7Gxv d" w 1"'iS"" a'ra' Fyhgttq$ Ph s S re nu rw r^ nu4Gi �� A�J •aa } �ii �UOMM 1 tlpP 1 rY eww� J('d 'n6/FCµv v e ,u. _ ^v r xw•"" � )itlrerv.Ur,u;�.w �� � � r a � st gym, .,��z , Exhibit B— Land Use and Development Regulations—Ordinance No. 3538— Page 1 of 1 Special Use Permit Case SUP 2018-07 Lot 2R, Block 1, UICI Addition 8825 Bud Jensen Drive, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of 0-1 Office. The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) communications tower on the property. B. Communications tower standards. The communications tower must comply with the standards described below. 1. The tower must be located as shown on the site plan attached as Exhibit "C." 2. The overall height of the communications tower, including lightning rod, must not exceed one hundred three (103) feet. 3. The tower must be designed as a stealth or concealment tower. The antennas must be concealed from view and located inside the tower. 4. The tower must be designed to accommodate at least two (2) wireless carriers. C. Site developmentstandards.The site development must comply with the standards described below. 1. The lease area must be enclosed by a six-foot tall masonry screening wall. The wall may include access gates as shown on the site plan attached as Exhibit "C." 2. The tower setback from the north property line must be at least ten (10) feet. 3. The tower setback from the east property line must be at least twenty-five (25) feet. 4. Two (2) canopy trees must be planted on the west side of the masonry wall enclosure. LIKE ERB Not oil! Wes 1 1 tXA j HQ4 101 1 9v jig, NOW HIM i Eti HNIS O lit! 0151002 AmNis Si 10 4 Amy! MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 6, 2018 C.2. SUP 2018-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ZONE SYSTEMS, INC. FOR A SPECIAL USE PERMIT FOR A COMMUNICATIONS TOWER AT 8825 BUD JENSEN DRIVE, BEING 2.749 ACRES DESCRIBED AS LOT 2R, BLOCK 1, UICI ADDITION. APPROVED The Commission took a recess at 8:43 p.m. Chairman Justin Welborn readjourned the meeting at 8:52 p.m. Chairman Welborn opened the public hearing, introduced the item, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chairman Welborn called for the applicant to present the request. Peter Kavanagh, representing Verizon Wireless, 1620 Handley Drive Suite A, Dallas, Texas 75208, presented the request. Chairman Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Chairman Welborn called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chairman Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER SARAH OLVEY, SECONDED BY COMMISSIONER MASON ORR TO APPROVE SUP 2018-07. MOTION TO APPROVE CARRIED 7-0. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 1 of 1 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: ZC 2018-08, Ordinance No. 3539, Public hearing and consideration of a request from Beaten Path Development, LLC for a zoning change from C-1 Commercial to RI-PD Residential Infill Planned Development at 7501 Mid Cities Boulevard and 7441 College Circle, being 5.52 acres described as Tract 10H, John Barlough Survey, Abstract 130; and College Hills Addition, Block 28, Lot A1C. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of HL & MCB Properties LP, Beaten Path Development LLC is requesting a zoning change from C-1 Commercial to RI-PD Residential Infill Planned Development on a 5.5-acre site located at the southwest corner of Mid-Cities Boulevard and Holiday Lane. The applicant is proposing a 40-lot single-family detached development on the site. GENERAL DESCRIPTION: The property under consideration is located on the south side of Mid Cities Boulevard and the west side of Holiday Lane. The site is east of Brookdale Holiday Lane Estates, an assisted living center, and north of Fort Worth Christian School. The proposed development includes 40 single-family lots with an approximate density of 7.25 dwelling units per acre. The typical lot size is 32 feet wide and 95 feet deep. The minimum lot size is 3,039 square feet, with an average lot size of 3,207 square feet. A concept plan of the project is attached. The development is accessed from two street entrances on Holiday Lane, with one entrance aligning with the future street entrance to Hillside Villas. Of the 40 lots, 29 lots would front on the main street. The remaining 11 lots would front on open spaces internal to the development. All residences would be served by alleys at the rear of the lots. The development incorporates approximately 40,950 square feet (0.94 acres) of open space, which makes up 17% of the site. The open space is spread throughout the development. Five open space lots are located adjacent to the south side of the primary street, with the largest of the lots located at the corner of Holiday Lane. Two open space lots are located between residential lots, with several lots fronting on the open space areas. MRH /y r Y f JYi �rlr� °r 4 /i i U it f o i t iir r „ III',�l � , ,�,, M WI C ITlL?,Eu` t3LwVP Will /p�/��.,.k// ,:.e>J' °^r ,,,a,�Y1mawY ;a, L"Y�,rY✓Jw, ,,,4is V� , ;m^rrr my, , ,,inn /i,wiW ,��;IL��IIrrr�✓rt¢r (q�(qVylllll�f� u . Ni 1 i I IH 10 I � �� 22 Iv - 1 r ro � �AI�Yd I w 14011X1AV 1.N n,i,RGi1 o✓i�aN,m✓mpewttr.rdrvo9'wnrmmonouutuK�t�rc,nrerwrUUnurvrir,r hii u.,nn rn miem+mmmmGcaxnaraa rr iinu�✓� r'�" { ni ni � .ii Iry 9 ' ti � iiY°✓"m/� 5� /� / 1rl The following is a summary of the proposed standards associated with this RI-PD application. A complete description of the proposed standards is attached. a. Dwelling units. The minimum dwelling unit size is 1,500 square feet for 40% of the lots, and 1,800 square feet for the remaining lots. The maximum structure height is 36 feet, which is slightly shorter than all other residential zoning districts. b. Building materials. The front facades of all buildings provide 100% masonry materials on the exterior wall surfaces. On the remaining facades, at least 85% of the exterior wall surface area must be faced with masonry materials. The buildings will include decorative elements such as divided light windows, enhanced brick details, cedar shutter accents, decorative coach lighting, and cast stone accents. c. Roofs. All roofs must have a minimum pitch of 8:12 on the front and 6:12 on the sides. Porch roofs and shed roofs may provide a minimum pitch of 4:12. Roof materials will be constructed with at least 30-year shingles, and three-tab shingles are prohibited. d. Sidewalks. A five-foot wide sidewalk would be constructed adjacent to Mid-Cities Boulevard and Holiday Lane. A five-foot wide sidewalk would be constructed adjacent to each residential lot on the internal streets. e. Fencing. A six-foot tall masonry screening wall would be constructed adjacent to Mid-Cities Boulevard. The wall must be constructed as a traditional masonry screening wall or a pre-cast product such as Verti-crete. Thin panel walls are MRH prohibited. A six-foot ornamental metal fence with masonry columns would be constructed adjacent to Holiday Lane. f. Street trees. A canopy tree will be installed in the front yards and between the sidewalk and curb adjacent to each residential lot. g. Landscaping. All landscaped areas on residential lots must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. All landscaping and irrigation in the open space lots must be maintained by the homeowner's association. h. Decorative elements. Crosswalks at the street intersection will be constructed of stained and stamped concrete. Decorative streetlights and street sign poles will be installed at appropriate locations along the street. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Neighborhood Service." This designation is intended to permit limited service establishments and retail stores for the benefit of adjacent and nearby residential areas, and in which all trade is conducted indoors in such a manner as to be compatible with placement near residential areas. The Strategic Plan Committee reviewed the area around the Holiday Lane and Mid Cities Boulevard intersection during its discussions on the future land use plan. While the future land use plan recommendations have not yet been ratified by the committee nor adopted by City Council, it is anticipated that this area would be recommended for "Medium Density Residential" use. Final recommendations are planned to be presented and adopted later this year. CURRENT ZONING: The property is currently zoned C-1 Commercial. This district is intended to provide for the development of retail, service, and office uses principally serving community and regional needs. The district should be located on the periphery of residential neighborhoods and confined to the intersections of major arterial streets. It is also appropriate for major retail corridors. PROPOSED ZONING: The proposed zoning is RI-PD Residential Infill Planned Development. The RI-PD zoning district is intended to encourage residential development of small and otherwise challenging tracts of land by offering incentives that encourage creative and inventive development scenarios. These developments are limited to residential development or redevelopment of less than ten acres. Developments must comply with R-2 residential district standards unless amenities and design elements are provided and reflected on the required site plan. Site plans reflecting deviations from R-2 standards are evaluated based on compatibility with adjacent development and the quantity, scope, and scale of the key amenities and design elements provided. Key amenities and design elements may include but are not limited to the following: MRH • Architectural subdivision entryway feature(s); • Landscaped common areas; • Landscaped and irrigated street medians; • Nonlinear street pattern; • Varying front building setbacks; • Garages behind the front building facade; • Common parking areas; • Establishment of a homeowners association; • Enhanced residential architectural features exceeding those otherwise required; and, • Use of appropriately scaled water or architectural features exceeding those otherwise required (i.e. fountains, gazebos, public art, etc.) DEVELOPMENT REVIEW COMMITTEE: The Development Review Committee's (DRC) recommendation for denial to the Planning and Zoning Commission was based on the following: 1. The proposed lot standards, subdivision layout, infrastructure design, and development density do not meet current expectations for development for Residential Infill Planned Developments listed above. The DRC would be supportive of: a. A 35-foot wide lot, similar to that which was approved across Holiday Lane for Hillside Villas. The DRC believes that further reductions in lot sizes for single-family residential detached products should require additional direction from the Planning and Zoning Commission and City Council. The density and number of lots is not of concern to the DRC, as the proposal meets the definition of "Medium Density Residential" that is being considered for the 2018 Land Use Plan. b. A building pad that supports a deeper driveway of 18 to 20 feet. The development provides four parking spaces overall per residence, including three off-street and one on-street parking space. Most zoning districts require four off-street parking spaces per residence and additional parking is naturally provided on-street. Given that the development is insulated by Mid-Cities Boulevard and Holiday Lane, which do not allow on-street parking, the development must provide parking entirely on-site. c. A more functional open space design. There is one proposed open space lot of significant size. However, this open space lot is located on the periphery of the neighborhood and is not treated as a centralized or meaningful focal point. 2. The proposed design appears to be intended to maximize lot count without regard to the creation of a neighborhood worthy of long-term ownership investment. MRH 3. The applicant has not adequately addressed the functionality of the dead end alleys, specifically for waste collection and parking. SURROUNDING ZONING I LAND USE: e e MEMEME= A e NORTH TOD Transit Oriented Development Transit Oriented Development Vacant WEST PD Planned Development High Density Residential Assisted living facility SOUTH U School Church Institutional Public/Semi-Public Private school (Fort Worth Christian School) EAST PD Planned Development Neighborhood Services Vacant(under construction as single-family subdivision) PLAT STATUS: A portion of the property is platted as College Hills Addition, Block 28, Lot Al C. The remainder of the property is unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 6, 2018, meeting and voted 5-1-1 to recommend denial (Werner opposing, Welborn abstaining). RECOMMENDATION: Deny Ordinance No. 3538. �o G� 0 J J m N a W C ~ J V 0 D _ to MUM 3 Nl isunH4NVS N a. Z Q J W � D � m � Z Z H y / r um s i6> r r r� i U � Y r" I r is± / sry M/ MON TqRH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZC 2018-08 You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map requesting a Zoning Change. APPLICANT Beaten Path Development, LLC LOCATION Southwest corner of Mid Cities Boulevard and Holiday Lane REQUEST Public hearing and consideration of a request from Beaten Path Development, LLC for a Zoning Change from C-1 Commercial to RI-PD Residential Infill Planned Development at 7501 Mid Cities Boulevard and 7441 College Circle, being 5.52 acres described as Tract 10H, John Barlough Survey, Abstract 130; and College Hills Addition, Block 28, Lot A1C. DESCRIPTION Request for a residential infill planned development (RI-PD) for 40 single- family residential lots with a minimum lot size of 3,040 square feet and 0.94 acres of open space. Visit NRHTX.com/map for more information. PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, September 06, 2018 City Council 7:00 PM Monday, September 24, 2018 MEETING LOCATION City Council Chambers -Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning @nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP ........... ........... --------- ................ Ion ......... ------ ................ ............. ................ ........... -------------- ..... ----- MID-CITIES BLVD ............. .................... L1___ I------F---"--IFeet Prepared by Planning 8/22/2018 0 irW 200 400 600 M WID-C'ITIES BLVD� ........... 1() 12 �H 16, EW4W&W 3 ............... 1 60 " 0 o n 00 ffOLIV y L Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com Owner Mailing Address City, State Zip BRE KNIGHT SH TX OWNER LLC 345 PART(AVE NEW YORK, NY 10154 COLLEGE HILL CHURCH OF CHRIST 7445 N COLLEGE CIR FORT WORTH,TX 76180 DFW OIL INC 7601 MID CITIES BLVD NORTH RICHLAND HILLS, TX 76182 FT WORTH CHRISTIAN SCHOOL INC 7517 BOGART DR FORT WORTH,TX 76180 HL& MCB PROPERTIES LP 6000 WESTERN PL# II FORT WORTH,TX 76107 LONG REAL ESTATE INVESTMENTS 9115 RUMFIELD RD NORTH RICHLAND HILLS, TX 76182 NRH HILLSIDE VILLAS LTD 8214 WESTCHESTER DR STE 710 DALLAS,TX 75225 REGIONAL RAIL ROW CO PO BOX 660163 DALLAS,TX 75266 ST LOUIS SOUTHWESTERN RR CO 1400 DOUGLAS STOP 1640 ST OMAHA, NE 68179 ORDINANCE NO. 3539 ZONING CASE ZC 2018-08 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 5.52-ACRE TRACT OF LAND LOCATED AT 7501 MID-CITIES BOULEVARD AND 7441 COLLEGE CIRCLE FROM C-1 (COMMERCIAL) TO RI-PD (RESIDENTIAL INFILL PLANNED DEVELOPMENT); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 5.52 acres of land located at 7501 Mid-Cities Boulevard and 7441 College Circle (the "Property") has filed an application to rezone the Property from its present classification of C-1 (Commercial) to RI-PD (Residential Infill Planned Development); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 6, 2018, and the City Council of Ordinance No. 3539 ZC 2018-08 Page 1 of 4 the City of North Richland Hills, Texas, held a public hearing on September 24, 2018, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning the Property and approving a Residential Infill Planned Development as provided herein on a 5.52-acre tract of land described as Tract 10H, John Barlough Survey, Abstract 130, and Lot Al C, Block 28, College Hills Addition, commonly referred to as 7501 Mid-Cities Boulevard and 7441 College Circle, as described and shown on Exhibit "A,° attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to herein approve the residential infill planned development in accordance with the requirements of the Residential Infill Planned Development (RI-PD) District Land Use and Development Regulations, set forth in Exhibit °B,° and the Site Plan Exhibits, set forth in Exhibit"C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved RI-PD (Residential Infill Planned Development) zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the R-2 (Single Family Residential) zoning district, and the additional zoning standards as set forth in Exhibit "B." Ordinance No. 3539 ZC 2018-08 Page 2 of 4 Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11 : This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. Ordinance No. 3539 ZC 2018-08 Page 3 of 4 PASSED AND APPROVED on the 24th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to content: Clayton Comstock, Planning Manager Approved as to form and legality: Maleshia McGinnis, City Attorney Ordinance No. 3539 ZC 2018-08 Page 4 of 4 Exhibit A— Legal Description —Ordinance No. 3539— Page 1 of 2 Zoning Case ZC 2018-08 Lot A1C, Block 28, College Hills Addition Tracts 10H,John Barlough Survey,Abstract 130 7501 Mid-Cities Boulevard and 7441 College Circle; North Richland Hills,Texas BEING a tract of land situated in the John H. Barlough Survey, Abstract 130, City of North Richland Hills, Tarrant County,Texas and being all of two tracts of land described in the deeds to HL& MCB Properties, LP,a Texas limited partnership as recorded in County Clerk Document Numbers D210192804 & D210284897, Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S. State Plane Grid 1983 - Texas North Central Zone (4202) NAD83 as established using GPS Technology in conjunction with the RTK Cooperative Network,all distances at ground); BEGINNING at a 5/8-inch iron rod found for the northwest corner of said HL& MCB Properties tract(D210192804), the northeast corner of Lot 1, Block 1,The Covenant Addition, an addition to the City of North Richland Hills,Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3855, Plat Records, Tarrant County, Texas (P.R.T.C.T.),and being on the south right-of-way line of Mid Cities Boulevard,a 100 feet wide right-of-way; THENCE North 89 degrees 22 minutes 46 seconds East, with the north line of said HL & MCB Properties tract (D210192804) and the south right-of-way line of said Mid Cities Boulevard, a distance of 756.38 feet to a 5/8-inch capped iron rod stamped "WWWARD RPLS 2014" for the northernmost northeast corner of said HL & MCB Properties tract (D210192804) and at the northwest end of a corner clip at the intersection of the south right-of- way line of said Mid Cities Boulevard and the west right-of-way line of Holiday Lane,a 68 feet wide right-of-way; THENCE South 47 degrees 17 minutes 20 seconds East, with the east line of said HL & MCB Properties tract (D210192804) and said corner clip,a distance of 14.07 feet to a 60D nail found for the southeast end of said corner clip; THENCE South 02 degrees 35 minutes 06 seconds East, with the east line of said HL & MCB Properties tract (D210192804) and the west right-of-way line of said Holiday Lane, a distance of 38.51 feet to a 5/8-inch capped iron rod stamped "WWWARD RPLS 2014"for the beginning of a non-tangent curve to the right having a radius of 291.77 feet, and having a chord which bears South 44 degrees 39 minutes 33 seconds West, a distance of 411.24 feet; THENCE with the east line of said HL&MCB Properties tract(D210192804),the east line of said HL&MCB Properties tract (D210284897), the west right-of-way line of said Holiday Lane, and said curve to the right, through a central angle of 89 degrees 36 minutes 57 seconds, passing a Y,-inch capped iron rod stamped "MOAK" found for the northeast corner of said HL& MCB Properties tract(D210284897) at an arc length of 144.34 feet, and passing a Y,- inch capped iron rod stamped "MOAK" found for the southwest corner of said HL & MCB Properties tract (D210284897) at an arc length of 433.82 feet,and continue for a total distance of 456.35 feet to a 5/8-inch capped iron rod stamped "WWWARD RPLS 2014"found for the end of said non-tangent curve to the right; THENCE South 89 degrees 35 minutes 06 seconds West, continuing with the south line of said HL& MCB Properties tract(D210192804) and the north right-of-way line of said Holiday Lane,a distance of 476.45 feet to a 5/8-inch iron rod found at the southwest corner of said HL& MCB Properties tract(D210192804)and the southeast corner of said Lot 1, Block 1; THENCE North 00 degrees 29 minutes 56 seconds West, with the common line of said HL & MCB Properties tract (D210192804) and said Lot 1, Block 1, a distance of 335.80 feet to the POINT OF BEGINNING and containing 240,544.27 square feet or 5.522 acres of land. Exhibit B—Land Use and Development Regulations—Ordinance No.3539—Pagel of 4 Zoning Case ZC 2018-08 Lot A1C,Block 28,College Hills Addition Tracts 10H,John Barlough Survey,Abstract 130 7501 Mid-Cities Boulevard and 7441 College Circle;North Richland Hills,Texas This Residential Infill Planned Development (RI-PD) District shall adhere to all the conditions of the North Richland Hills Code of Ordinances,as amended,and adopt a base district of R-2 Single Family Residential.The following regulations shall be specific to this RI-PD District.Where these regulations conflict with or overlap another ordinance, easement,covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted Land Uses. Uses in this RI-PD shall be limited to those permitted in the R-2 Single Family Residential zoning district,as amended,and subject to the following. 1. Any land use requiring a special use permit in the R-2 Single Family Residential zoning district,as amended, is only allowed if a special use permit is issued for the use. 2. Any land use prohibited in the R-2 Single Family Residential zoning district,as amended, is also prohibited. B. Site development standards. Development of the property shall comply with the development standards of the R-2 Single Family Residential zoning district and the standards described below. 1. Lot dimensions and setbacks shall be as follows. STANDARD MINIMUM REQUIREMENT Lot area 3,040 square feet for ................................................................................................................................................................................................................................... Lot width,interior 32 feet Lot depth 95 feet ......... ......... ......... ......... ............................::::.............................. Front building line 5feet Side building line 5 feet and zero(0)feet Minimum of 5 feet between houses ......... ......... ......... ......... ...........................::::.............................. Rear building line 10 feet Garage setback 10 feet 2. The development shall set aside at least fifteen percent(15%)ofthe land area as common open space.All common open space areas and amenities must be owned and maintained by the home owner's association. The common open space areas shall be as shown on the site plan attached as Exhibit"C". 3. Fencing shall be designed as shown on the site plan attached as Exhibit"C" and subject to the following. a. Asix-foot tall masonry screening wall must be constructed along Mid-Cities Boulevard adjacent to the rear of the alley.The wall must be constructed as a traditional masonry wall or a pre-cast product such as Verti-crete.The columns may not exceed seven (7) feet in height.Thin-panel walls are prohibited. Exhibit B—Land Use and Development Regulations—Ordinance No.3539—Page 2 of 4 Zoning Case ZC 2018-08 Lot A1C,Block 28,College Hills Addition Tracts 10H,John Barlough Survey,Abstract 130 7501 Mid-Cities Boulevard and 7441 College Circle;North Richland Hills,Texas b. Ornamental tubular steel fence must be six feet in height. Decorative masonry columns must be constructed every 50 feet on center where the fence fronts Holiday Lane. 4. A five-foot wide sidewalk must be constructed adjacent to Mid-Cities Boulevard, Holiday Lane,and all internal streets. 5. All crosswalks must be constructed of stamped and stained concrete. 6. The development must include a cluster mailbox. The location and design must be approved by the Development Review Committee and US Postal Service. 7. Outdoor lighting on the site and buildings shall be installed in accordance with Section 118-728—Outdoor lighting of the zoning ordinance.Street lighting shall be selected from Oncor's decorative street lighting options and located as shown on the site plan attached as Exhibit"C". 8. Development entry signs shall be designed and installed in accordance with Chapter 106 —Signs of the North Richland Hills Cade of Ordinances. 9. Landscaping shall be designed as shown on the landscape plan attached as Exhibit "C" and subject to the following. a. A landscape plan for the development must be prepared by a Registered Landscape Architect and be approved by the Development Review Committee prior to construction. b. Each lot shall include one street tree between the sidewalk and street. c. All landscaped areas must be irrigated. 10.A permanent homeowners association (HOA) must be established. Each lot owner must be a mandatory member of the association. The HOA must be supported by mandatory annual fees charged to each homeowner, pro-rata, based on the projected maintenance and management costs.The HOA is responsible for the following. a. Ownership and maintenance of all common amenities, common areas, open space lots,and associated landscaping and irrigation. b. Ownership and maintenance offences and walls within open space lots and dedicated wall easements. C. Building design standards. Building design and appearance shall comply with the conceptual building elevations attached as Exhibit"C"and the standards described below. 1. Not more than sixteen (16) of the dwelling units may be single-story structures with a minimum floor area of 1,500 square feet. All other dwelling units must be two-story structures with a minimum floor area of 1,800 square feet. 2. The maximum structure height shall be thirty-six(36)feet. Exhibit B—Land Use and Development Regulations—Ordinance No.3539—Page 3 of 4 Zoning Case ZC 2018-08 Lot Alt,Block 28,College Hills Addition Tracts 10H,John Barlough Survey,Abstract 130 7501 Mid-Cities Boulevard and 7441 College Circle;North Richland Hills,Texas 3. The exterior wall materials shall consist of masonry materials, as defined by the zoning ordinance, in the following amounts: a. One-hundred percent of the wall area on the front fagade. b. At least eighty-five percent of the wall area on the side and rear facades. 4. Garages shall be located on alleys at the rear of the buildings. 5. The finished floor elevation must be at least 18 inches above the finished grade of the adjacent public sidewalk. 6. Roofs shall have a minimum pitch of 8:12 on the front and a minimum of 6:12 on the sides. Porch roofs and shed roofs shall have a minimum 4:12. Roof materials shall be constructed of at least 30-year shingles.Three-tab shingles are prohibited. 7. Each building shall include at least three of the following architectural elements. a. At least two distinct masonry materials. b. Divided light or border light windows on street facing elevations, including front elevations and side elevations on corner lots. c. Enhanced brick details,such as herringbone,rowlocks,etc. d. Metal seam roof accents. e. Cedar shutter accents. f. Cast stone accents. g. Decorative coach lighting. h. Quoins. i. Front Porches. j. Cedar Columns. IC Dormers. I. Balconies. m. 8-foot Entry Doors. D. Amendments to Approved Planned Developments. An amendment or revision to the Residential Infill Planned Development(RI-PD)shall be processed in the same manner as the original approval. The application for an amendment or revision shall include all land described in the original ordinance that zoned the land to the RI-PD district. The city manager or designee may approve minor amendments or revisions to the RI-PD standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; Exhibit B—Land Use and Development Regulations—Ordinance No.3539—Page 4 of 4 Zoning Case ZC 2018-08 LOtA1C,Block 28,College Hills Addition Tracts 10H,John Barlough Survey,Abstract 130 7501 Mid-Cities Boulevard and 7441 College Circle;North Richland Hills,Texas 3. Increase approved densities, height,site coverage,or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks;or 6. 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ZC 2018-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BEATEN PATH DEVELOPMENT, LLC FOR A ZONING CHANGE FROM C-1 COMMERCIAL TO RI-PD RESIDENTIAL INFILL PLANNED DEVELOPMENT AT 7501 MID-CITIES BOULEVARD AND 7441 COLLEGE CIRCLE, BEING 5.52 ACRES DESCRIBED AS TRACT 10H, JOHN BARLOUGH SURVEY, ABSTRACT 130; AND LOT A1C, BLOCK 28, COLLEGE HILLS ADDITION. DENIED Chairman Justin Welborn stated he filed an affidavit of disqualification and exited the Council Chambers at 9:56 p.m. Vice Chairman Jerry Tyner opened the public hearing, introduced the item, and called for Planning Manager Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Vice Chairman Tyner called for the applicant to present the request. John Pitstick, on behalf of Beaten Path Development and Our Country Homes, 700 West Harwood Road, Hurst, Texas 76054, presented the request. Ex-Officio Kelvin Deupree and Mr. Pitstick discussed pedestrian access throughout the development as well as the distance between homes. Vice Chairman Tyner called for Mr. Comstock to present the staff report. Mr. Comstock the staff report. Ex-Officio Duepree and Mr. Comstock discussed the percentages of single-story and multi-story residences and the future course to alter those percentages if ever needed. Vice Chairman Tyner called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Vice Chairman Tyner closed the public hearing. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Commissioners Kathy Luppy, Mason Orr, Don Bowen, and Ex-Officio Deupree commented about various item discussed in the staff report. A MOTION WAS MADE BY COMMISSIONER DON BOWEN, SECONDED BY COMMISSIONER LUPPY TO DENY ZC 2018-08. MOTION TO DENY CARRIED 5-1-1, WITH COMMISSIONER WENDY WERNER OPPOSING AND CHAIRMAN JUSTIN WELBORN ABSTAINING. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 2 of 2 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: ZC 2018-16, Ordinance No. 3541, Public hearing and consideration of a request from Howe Wood Company for a zoning change from PD Planned Development, 0-1 Office, and AG Agricultural to RI-PD Residential Infill Planned Development in the 9200 block of Amundson Drive and 6900 block of Precinct Line Road, being 8.222 acres described as Highland Park Addition, Blocks 1-5; and Tracts 3E and 3F, T.K. Martin Survey, Abstract 1055. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of The Phillip Oliver Trust, Kara Elizabeth Jones Trust, and Sanjay Chandra, Howe Wood and Company is requesting a zoning change from PD Planned Development, 0-1 Office, and AG Agricultural to RI-PD Residential Infill Planned Development on an 8.222-acre site generally located near the southwest corner of Precinct Line Road and Amundson Drive. The applicant is proposing a 37-lot single-family detached development on the site. GENERAL DESCRIPTION: The property under consideration is an 8.222-acre site with frontage on Amundson Drive and Precinct Line Road. The site abuts the Huntington Square office development located on the hard corner of the two streets. A little over half of the property is the undeveloped Highland Park residential subdivision, approved in June 2007 by Ordinance 2937 (Case ZC 2006-23) for 21 single-family lots on 4.339 acres. The remaining 3.883 acres fronts Precinct Line Road, and one property is developed with a single-family residence. The proposed development includes 37 single-family lots with an approximate density of 4.5 dwelling units per acre. The typical lot size is 50 feet wide and 110 feet deep. The minimum lot size is 5,400 square feet, with an average lot size of 6,748 square feet. A site plan of the project is attached. The development is accessed from street entrances on Amundson Drive and Precinct Line Road. The development also includes a street right-of-way connection to the property west of the site for a possible future connection. This connection is provided to address Planning and Zoning Commission and City Council concerns about fragmentary or piecemeal approaches to developing the remaining property in the city. The development incorporates approximately 33,615 square feet of open space, which makes up 9.4% of the site. This includes an open space lot on the west side of the property that may be developed as a storm water detention area. An open space lot near MRH the southeast corner of the development is designed as a 57-foot wide street median with one-way traffic flow around the space. Both open space lots would include cluster mailboxes for the neighborhood. A conceptual landscape plan is attached. The following is a summary of the proposed standards associated with this RI-PD application. A complete description of the proposed standards is attached. a. Dwelling units. The minimum dwelling unit size is 2,000 square feet for all lots. The maximum structure height is 38 feet, which is the same as all other residential zoning districts. b. Building materials. At least 85% of the exterior wall surface area must be faced with masonry materials, except for areas above the roofline. All roofs have a minimum pitch of 8:12. The buildings will include decorative elements such as divided light windows, enhanced brick details, cedar shutter accents, decorative coach lighting, and cast stone accents. c. Garages. Front entry garages would be permitted. At least 19 of the garages must have individual doors separated by a column. The widths of the garages must not exceed 60% of the width of the house. All garage doors must be raised or recessed panel or carriage house design, and may be faced with wood or be a steel door with the appearance and color of a wood-grain finish. d. Driveways. Surface materials for driveways must be salt finished, broom finished, or stamped and stained concrete. Drive approaches for Lots 1 and 22, Block A are restricted to the west sides of the lots and must be located opposite the intersecting streets. The drive approaches on four lots on the curve around the open space lot would be allowed to have approaches wider than 40% of the lot width. e. Sidewalks. A five-foot wide sidewalk would be constructed adjacent to Amundson Drive and Precinct Line Road. A four-foot wide sidewalk would be constructed on each residential lot, but the sidewalk would not be required on the open space lots. f. Fencing. A masonry screening wall must be constructed adjacent to Amundson Drive and Precinct Line Road. A wood rail style fence may be constructed on the open space lot on the west side of the development, which will match the fence on the adjacent property. Rear yard fencing adjacent to the Martin Oaks residential properties on the south must be an ornamental metal fence. All other privacy fences can be ornamental iron or pre-stained board-on-board cedar fence with top cap and side trim. g. Street trees. One ornamental or canopy tree will be installed in the front yards and one canopy tree will be installed between the sidewalk and curb adjacent to each residential lot. On corner lots, three trees will be installed, with one tree located on the front and two trees on the side. The spacing of the trees will be at least 20 feet. h. Landscaping. All landscaped areas on residential lots must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. MRH All landscaping and irrigation in the open space lots must be maintained by the homeowner's association. i. Decorative elements. Crosswalks at the street intersection will be constructed of stained and stamped concrete. Decorative streetlights and street sign poles will be installed at appropriate locations along the street. j. Detention pond. In the event a detention pond is necessary for the development, a provision to allow a detention pond is included in the standards. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Low Density Residential" and "Office."The "Low Density Residential"designation is intended to provide for traditional, low-density single-family detached dwelling units. The "Office" designation is intended to permit professional and organizational offices with accessory and related uses. The Strategic Plan Committee reviewed the area around the Amundson Drive and Precinct Line Road intersection during its discussions on the future land use plan. While the future land use plan recommendations have not yet been ratified by the Committee or adopted by City Council, it is anticipated that this area would be recommended for low density residential development. Final recommendations are planned for presentation and adoption later this year. CURRENT ZONING: The property is currently zoned PD Planned Development, 0-1 Office, and AG Agricultural. The existing planned development is related to the Highland Park subdivision, which was not developed. PROPOSED ZONING: The proposed zoning is RI-PD Residential Infill Planned Development. The RI-PD zoning district is intended to encourage residential development of small and otherwise challenging tracts of land by offering incentives that encourage creative and inventive development scenarios. These developments are limited to residential development or redevelopment of less than ten acres. SURROUNDING ZONING I LAND USE: e e NEWEEZEM A e NORTH R-3 Single-Family Residential Low Density Residential Single-family residences 0-1 Office Office Offices(Huntington Square) WEST R-1-S Special Single-Family Low Density Residential Single-family residence SOUTH R-1-S Special Single-Family Low Density Residential Single-family residences R-2 Single Family Residential EAST (Located in Hurst) (Located in Hurst) Single-family residences PLAT STATUS: A portion of the property is platted as Highland Park Addition, but this subdivision was not developed. The remainder of the property is unplatted. If the zoning MRH change is approved, approval of a preliminary plat and final plat for the new subdivision would be required prior to construction. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 6, 2018, meeting and voted 6-1 (Werner) to recommend approval. RECOMMENDATION: Approve Ordinance No. 3541. �n ImR Id7-fimr Imf (Im mfiN- -Itthi rAw Point imf' Ilm'm - -IttA RJR W( IYId A mm' w Mm^'Imn nlm-mm nw,, ,Imn VMW-mM"irm o andai-nm W!A mh-mr,m i'M Ind Amrimp, im mm;a Oa 3NIl 13N103dd W 10 SIIIH Ntl0 D J d' J O = a m O a a 0 z a a0 Nd0 3An -E 0 0 W BRAZOS42 l�/� j '? 1��I / (// %f� �// / / �I, f( rv,// � v % r �% /r r�!, I .r%/, � /f/!/ (r�ir r� y f; r� r//i/%/Ji ! ���r%///i�/ .rr�/��/�/i �i �,„'j'f;iii l/i. r /� / r r r r�� , �; � ����� � I rr i �j %� �< r %� � ! �/ .�/l/� iu; ;y /�:,: I �f l r /��j�%f%//%//�/r/�/�/%//ii////%/%�r /'r �/ / � �I ® m }��. r 11 �� r � r // , �fl� rrir/�o%e/;fir/ // rr /ill��// /i a��r // 1 // s -1 �!/// �; ./ ' � (�l,��,// � , / // �J�<' � l�r� ` �Graf✓//��%/ ;�/%y,/,%/ „/1�0/r�/�/����`�f%'�,r;; f,iJ - '' ® ;k r (I`,��. bu i f I '1 fll / ” „ r. l rin f,ir //,%//%/r/r�/�/�i,/e,✓/�e! / .//i%U/ %i%% !/���J!%�/��j�� � '/ j dJ i h ��( p� MM44� / �i�/���/�l /! ,..I �l.,d/i�%�///i Gl%//r///O/i//',%/�r/.-%��%/�//����/���%�f/�������rl/�//!/a/ %u° � ��// r� m /%�i7, � Q tl '. .. 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APPLICANT Howe and Wood Company LOCATION 9200 block of Amundson Drive and 6900 block of Precinct Line Road REQUEST Public hearing and consideration of a request from Howe and Wood Company for a Zoning Change from PD Planned Development, 0-1 Office, and AG Agricultural to RI-PD Residential Infill Planned Development in the 9200 block of Amundson Drive and 6900 block of Precinct Line Road, being 8.222 acres described as Highland Park Addition, Blocks 1-5; and Tracts 3E and 3F, T.K. Martin Survey, Abstract 1055. DESCRIPTION Proposed residential infill planned development (RI-PD) for 38 single-family residential lots with most lots between 5,500 and 6,500 sqft. and a minimum dwelling size of 2,000 sqft. For more information, visit NRHTX.com/map. PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, September 06, 2018 City Council 7:00 PM Monday, September 24, 2018 MEETING LOCATION City Council Chambers -Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning @nrhtx.com FOR MORE INFORMATION,VISIT NRHTX.COM/MAP ,,— q� z z AMUNDSON D M z TTI. /� '' �1 �` a IN i v uj CL 1 .... ... .. r / . Y YF.'. ,may.. 0 w{ , .. ... N Feet Prepared by Planning 8/22/2D18 o so iao Aso oao 720 x. m ✓ �� � 3 v �€ w r}i E� R x �n G 1'� r x x I l A 1 71 ✓, � A � � YU � 9 P B.M� x s r M I 0 GI V k.... i� iti�' .+ r < �' '^ YN ✓yr .� v; H� ,, n.� „� P�m w,rcr� '49 ✓ 4 n ft.� r a✓ '/� e �Q r �;� i a� �� ✓ ! a 4�p � � I � J r I x� ! �'�. e ✓ Y a if � SP/ Ae; ' ✓ . r' r n..... s Ji- R k r u Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning @nrhtx.com Owner Address City,State Zip Address Within 200' HALMAGEAN,MIRCEA 3145 WATERSIDE DR ARLINGTON,TX 76012 6708 NOB HILL CT EASY BUY HOMES LLC 8504 PRECINCT LINE RD STE 180 COLLEYVILLE,TX 76034 6709 NOB HILL CT CORDOVA,VICTOR 6813 WOODLAND HILLS DR NORTH RICHLAND HILLS,TX 76182 6813 WOODLAND HILLS DR DAVIS,D KENT 6817 NOB HILL DR FORT WORTH,TX 76182 6817 NOB HILL DR WYNNE,DAVID 6817 WOODLAND HILLS DR NORTH RICHLAND HILLS,TX 76182 6817 WOODLAND HILLS DR WOODLAND OAKS PHASE II HOMEOWN 1905 CENTRAL DR STE 206 BEDFORD,TX 76021 6818 WOODLAND HILLS DR HACKLEY,WILLIAM 6820 WOODLAND HILLS DR NORTH RICHLAND HILLS,TX 76182 6820 WOODLAND HILLS DR BARFIELD,DAVID 6821 NOB HILL DR FORT WORTH,TX 76180 6821 NOB HILL DR MOODY,GLENN L 6821 WOODLAND HILLS DR NORTH RICHLAND HILLS,TX 76182 6821 WOODLAND HILLS DR LAWRENCE,WILLIAM 6825 NOB HILL DR NORTH RICHLAND HILLS,TX 76182 6825 NOB HILL DR GARCIA,ORLANDO 6829 NOB HILL DR NORTH RICHLAND HILLS,TX 76182 6829 NOB HILL DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6901 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6905 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6908 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6909 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6912 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6913 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6916 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 760926920 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTH LAKE,TX 76092 6924 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTH LAKE,TX 76092 6925 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTH LAKE,TX 76092 6926 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTH LAKE,TX 76092 6928 HIGHLAND DR DAVIS,KENT TR 9284 HUNTINGTON SQSTE 100 NORTH RICHLAND HILLS,TX 76182 6929 PRECINCT LINE RD HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6932 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6936 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 6940 HIGHLAND DR KARA ELIZABETH JONES TRUST 1629 ROANOKE RD ROANOKE,TX 76262 6941 PRECINCT LINE RD HIGHLAND PARK NRH LLC PO BOX 93868 SOUTH LAKE,TX 76092 6944 HIGHLAND DR KARA ELIZABETH JONES TRUST 1629 ROANOKE RD ROANOKE,TX 76262 6945 PRECINCT LINE RD KARA ELIZABETH JONES TRUST 1629 ROANOKE RD ROANOKE,TX 76262 6949 PRECINCT LINE RD KARA ELIZABETH JONES TRUST 1629 ROANOKE RD ROANOKE,TX 762626953 PRECINCT LINE RD GRAY,TROY W 7000 LIVE OAK DR NORTH RICHLAND HILLS,TX 76182 7000 LIVE OAK DR HERNANDEZ,HUMBERTO 7001 OAK HILLS CT NORTH RICHLAND HILLS,TX 76182 7001 OAK HILLS CT SMEED,HERBERT L 7001 SPANISH OAKS DR NORTH RICHLAND HILLS,TX 76182 7001 SPANISH OAKS DR R&Y CARBERRY PROPERTIES LP 8208 RAVENSWOOD RD GRANBURY,TX 76049 7004 LIVE OAK DR JACKSON,BILLY 7004 SPANISH OAKS DR NORTH RICHLAND HILLS,TX 76182 7004 SPANISH OAKS DR JACKSON,BILLY 7004 SPANISH OAKS DR NORTH RICHLAND HILLS,TX 76182 7004 SPANISH OAKS DR YOUNKE,DOUGLAS 7005 OAK HILLS CT NRICHLND HLS,TX 761827005 OAK HILLS CT GREEN,HERBERT J 7005 SPANISH OAKS DR FORT WORTH,TX 76182 7005 SPANISH OAKS DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 9200 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 9204 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 9208 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 9209 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 9210 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 760929211 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTH LAKE,TX 76092 9212 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTH LAKE,TX 76092 9213 HIGHLAND DR GRAY,EDITH C 9216 AMUNDSON DR N RICHLND HLS,TX 76182 9216 AMUNDSON DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTH LAKE,TX 76092 9216 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 9217 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 9218 HIGHLAND DR HIGHLAND PARK NRH LLC PO BOX 93868 SOUTHLAKE,TX 76092 9219 HIGHLAND DR GRAY,SHANNON 9220 AMUNDSON DR NORTH RICHLAND HILLS,TX 76182 9220 AMUNDSON DR GSS FAMILY LP 209 VAN OAKS DR COLLEYVILLE,TX 76034 92SO HUNTINGTON SO GSS FAMILY LP 209 VAN OAKS DR COLLEYVILLE,TX 76034 9280 HUNTINGTON SO KILO DELTA INC 6817 NOB HILL DR NORTH RICHLAND HILLS,TX 76182 9284 HUNTINGTON SO KILO DELTA INC 6817 NOB HILL DR NORTH RICHLAND HILLS,TX 76182 9284 HUNTINGTON SO TRIWEST GROUP INC,THE 9285 HUNTINGTON SO NORTH RICHLAND HILLS,TX 761829285 HUNTINGTON SO TRIWEST GROUP INC,THE 9285 HUNTINGTON SO NORTH RICHLAND HILLS,TX 76182 9285 HUNTINGTON SO LEXMARK INVESTMENTS LLC 9288 HUNTINGTON SO NORTH RICHLAND HILLS,TX 76182 9288 HUNTINGTON SO DAKT HOLDINGS LLC 9117 BELSHIRE DR STE 200 NORTH RICHLAND HILLS,TX 761829290 HUNTINGTON SO 9292 HUNTINGTON SQUARE LLC PO BOX 1845 COLLEYVILLE,TX 1 76034 9292 HUNTINGTON SO 9292 HUNTINGTON SQUARE LLC PO BOX 1845 COLLEYVILLE,TX 1 76034 9292 HUNTINGTON SO From: Qaytol("Ornstoc� To: Lli)z&ul&x5bmud surje/t: uw:mefz]:Western Ridge mze�Easement m^re Thursday,September 6,».1o1/:4usxxm Attachments: Better fnrp/inbng. From: David Barfield » Sent: Wednesday, September 5, 20l87:49YK4 To: Clayton Comstock Subject: Re|2l: Western Ridge Access Easement T reached a verbal agreement with Mark Wood today, the easement will be 30'. Mark will make tap for water and sewer o| the street where tile easement begins, o|uo cost to me, Xwill pay for extensions of water and sewer to illy property when ever I decide to develop illy property. Mark will accept a sheet flow or a concentrated flow of all water fil crin my propel ty, eithezxtiilccuocuuozUoro{{lozi000{ions {bu\ theyde\ozzuiiue. kJarkvvi{} muxknazoeiokeeyazy existing scvvcrmcyticsyxtcou, nhixh }i*uioomycxio1iuA6O' cnn000cotioopczutiunvvhi}cthriz development is under construction. Mark will inake sure that illy existing electric service will remain in operation while power conipany reronates their service to my property iu line with K&u/t/odevclup000ui. Mark will deed restrict afence between illy property and theirs|ube wrotiglitifoiiorcon,ibiiiatioilwroiiglitifonaiidmasoiu-y. I will refer this to David Casey to `v � ki� l f\�� zn { or out file language this agreement. —'''' Original Message '—''' Fznmu: ''Clo.tnu Collis To: m David l\od6c|J' Sent: 8/30/20l88:56:20PD8 Subject: RE: \3/cu|rro Ridge Access Easement ||iDavid- YOU aSk For a |e8erstadn8 ^riQhFof vvayof1('". |f you will accept nothing less than "X'', then w/e must know what that nunnberis. Oihemvise. the |eUer will coniinuuto state a2O foot easenoeni with an1D'hoot pavement Would be. su1fident and vve can add the reference to2'4 |ols per your request. |t would essendaUybea wider, expanded, and shareddnvevvay. I lived una "pipesteno" driveway in Wginia tliat was 18 feet wide and seived 5 d(mies: 1370 CarrxNs Farm Way, Vienna, VA. Full ioads in NRK Southlake, Keller, CoHeyville, etc. dre 18 feet wide. P|easounderstandthatthe |e0erm/iUon|yspeaktotheaccessproxidedioIheprupertyanddoes not guaranteeany future subdivision ofyou/ propeity. Thai will be LIP 1othe [ih/Council atthe tinoe you decide tu request usubdivision. Thank, you, Uayton From: David Barfield Sent:ThursdvK August 3(\ 20l88:32yK4 To: Clayton Comstock Subject: Re: Western Ridge Access Eusemeni 'This is not good enough, if I decide to snbdivide illy property into 2 or more lots, 18' will not work, 18' ringlit work for a single lot subdivision, but not a multi log subdivision. Right now l have o60' deeded zight-o-wn}', and I do not want lo give that oV for uziuhl-of-n/ay for one that would not give me access to my property as I have now. Before I reduce my 60' iigbt-of-way to anything less, I want a letter from the city saying "a right-of-way of"X" will give tire sufficient width foro x|zcc i |nu residential ou bdioixi000[24 |oYa' �nzz} imbe bint, but 1 did not want to 60' x 400' property to Cary Clark with iliailitaiiiillg,,vliat access 1 already owned. Cary had to have zuyproperty to get oTcxdmt access io Precinct Lille Road, but reluctantly Idid but with the reservations that | now have. So, I stand on what iustated above, and I have explained that to Westem Ridge owners several times, and they keep coming back and piece zoealiuA willing {u give /ueu little more each time. I{ isasIhave stated nznothing. I will bo out of town for the next 5 days, } will forward this emuailtu Casey, �1|b }�| \ {u1�| | � \� � �oo�y` oo � vv� � a able to to � ov�ou�go. ''''— Original Message '''''' From: "Clayton Comstock" Cc: "Caroline Waggoner Sent: 8/30/2018 7:44:43 AM Subject: Western Ridge Access Easement Good morning, David— |nrespnnseiu the letter uf August 23honn your attorney, David Casey, regarding the proposed Western Ridge subdivision, please see the attached letter from the City of North Richland Hills. Please let n|a know if you have any additional questions Thank you and have a wonderful day, Clayton Comstock, Al[P Planning Manager Cry of North Richland Hills (817)427 6301 ORDINANCE NO. 3541 ZONING CASE ZC 2018-16 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING 8.222 ACRES LAND LOCATED IN THE 9200 BLOCK OF AMUNDSON DRIVE AND 6900 BLOCK OF PRECINCT LINE ROAD FROM PD (PLANNED DEVELOPMENT), 0-1 (OFFICE), AND AG (AGRICULTURAL) TO RI-PD (RESIDENTIAL INFILL PLANNED DEVELOPMENT); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 8.222 acres of land located in the 9200 block of Amundson Drive and 6900 block of Precinct Line Road (the `Property") has filed an application to rezone the Property from its present classification of PD (Planned Development), 0-1 (Office) and AG (Agricultural) to RI-PD (Residential Infill Planned Development); and Ordinance No. 3541 ZC 2018-16 Page 1 of 4 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 6, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 24, 2018, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning the Property and approving a Residential Infill Planned Development as provided herein on a 8.222-acre tract of land described as Blocks 1-5, Highland Park Addition, and Tracts 3E and 3F, T.K. Martin Survey, Abstract 1055, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to herein approve the redevelopment planned development in accordance with the requirements of the Residential Infill Planned Development (RI-PD) District Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved RI-PD (Residential Infill Planned Development) zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the R-2 (Single Family Residential) zoning district, and the additional zoning standards as set forth in Exhibit "B." Ordinance No. 3541 ZC 2018-16 Page 2 of 4 Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11 : This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. Ordinance No. 3541 ZC 2018-16 Page 3 of 4 PASSED AND APPROVED on the 24th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to content: Clayton Comstock, Planning Manager Approved as to form and legality: Maleshia McGinnis, City Attorney Ordinance No. 3541 ZC 2018-16 Page 4 of 4 Exhibit A-Property Description-Ordinance No.3541-Page 1 of 2 Zoning Case ZC 2018-16 Highland Park Addition,Blocks 1-5;and Tracts 3E and 3F,T.K.Martin Survey,Abstract 1055 9200 block Amundson Drive and 6900 block Precinct Line Road,North Richland Hills,Texas All that certain 8.222 acres of land,which is all of Lots 1-12, Block 1; Lots 1-9, Block 2; Lots 1-6,Block 3; Lot 1, Block 4;and Lots 1-4, Block 5; Highland Pan<, recorded in Document Number D208457706, in the Public Records of Tarrant County,Texas(P.R.T.C.T.), and all of Tract I and II,described in the deed to(Cent Davis,Trustee,recorded in Document Number D211245270,in the Tandy K.Martin Survey,Abstract 1055, City of North Richland Hills,Tarrant County,Texas,and more particularly described by metes and bounds as follows(All bearing shown hereon are based on the said plat of Highland Park): BEGINNING at a TXDOT monument found for the northeast corner of said Lot 1, Block 5, Highland Park, common to the southeast corner of the remainder of Lot 1, Block 1, Nob Hill North,recorded in Volume 388-197, Page 52, P.R.T.C.T., in the west right-of-way line of Precinct Line Road (FM 3029, right-of-way varies); THENCE along the west right-of-way line of said Precinct Line Road the following courses: South 00 degrees 35 minutes 27 seconds West-277.33 feet to a Y2-inch iron rod with a cap stamped "JDZ 2490"found for a point for corner of the herein described tract; South 00 degrees 52 minutes 06 seconds West-51.60 feet to a%-inch iron rod with cap stamped "JDZ 2490" found for the southeast corner of said Lot 3, Block 5, Highland Park, common to the northeast corner of said Tract II,Kent Davis,Trustee; South 00 degrees 37 minutes 47 seconds West-116,67 feet to a TXDOT monument found for a point for corner of the herein described tract; South 04 degrees 03 minutes 37 seconds West-53.77 feet to a%-inch iron rod with a cap stamped "MOAK"found for the common southeast corner of the herein described tract and said Tract I, (Cent Davis,Trustee,common to the northeast corner of Block 1,Woodland Oaks, recorded in Document Number D206273887,P.R.T.C.T.; THENCE North 89 degrees 04 minutes 39 seconds West-394.89 feet departing the west right-of-way line of said Precinct Line Road to a Y,-inch iron rod with a cap stamped"MOAK"found forthe southwest corner of said Tract I, Kent Davis,Trustee,common to the southernmost west corner of the herein described tract and the northwest corner of said Block 1,Woodland Oaks; THENCE North 00 degrees 56 minutes 19 seconds East-164.75 feet to a%-inch iron rod found for the northwest corner of said Tract I,Kent Davis,Trustee,common to the southwest corner of said Lot 4,Block 5,Highland Park; THENCE North 01 degrees 09 minutes 53 seconds East-51.33 feet to a%-inch iron rod found for a point for corner of the herein described tract,in the south line of said Lot 8,Block 2,Highland Park; THENCE North 89 degrees 55 minutes 27 seconds West-260.74 feet to a 3/8-inch iron rod found for the westernmost southwest corner of the herein described tract, common to the southwest corner of said Lot 4,Block 2,Highland Park,in the east line of Lot 2, Block 1,Majestic Meadows,recorded in Document Number D203260465,P.R.T.C.T.; THENCE North 00 degrees 22 minutes 57 seconds East- 690.45 feet to a %-inch iron rod with a cap stamped "JDZ 2940' found for the northwest corner of the herein described tract, common to the northeast corner of said Lot 2, Block 1, Majestic Meadows, in the south right-of-way line of Amundson Drive(right-of-way varies); Exhibit A—Property Description—Ordinance No.3541—Page 2 of 2 Zoning Case ZC 2018-16 Highland Park Addition,Blocks 1-5;and Tracts 3E and 3F,T.K.Martin Survey,Abstract 1055 9200 block Amundson Drive and 6900 block Precinct Line Road,North Richland Hills,Texas THENCE South 88 degrees 16 minutes 33 seconds East—215.50 feet along the south right-of-way line of said Amundson Drive to a %-inch iron rod with a cap stamped "SPRY 5647" set for the northernmost northeast corner of the herein describe tract,common to the northwest corner of Lot 5,Block 1,of said Nob Hill North,from which a Y-inch iron rod found bears North 11 degrees 04 minutes West-0.63 feet; THENCE South 00 degrees 05 minutes 20 seconds West-199.02 feet to a/,inch iron rod found for a point for corner of the herein described tract; THENCE South 00 degrees 00 minutes 24 seconds East-208.55 feet to a Yi-inch iron rod found for a point for corner of the herein described tract,common to the southwest corner of Lot 3, Block 1,of said Nob Hill North; THENCE North 89 degrees 59 minutes 52 seconds East— 223.95 feet to a %-inch iron rod with a cap stamped"MOAK"found for a point for corner of the herein described tract; THENCE North 89 degrees S8 minutes 57 seconds East—216.89 feet to the POINT OF BEGINNING and containing 8.222 acres of land. Exhibit B—Land Use and Development Regulations—Ordinance No.3541—Pagel of 5 Zoning Case ZC 2018-16 Blocks 1-5,Highland Park Addition Tracts 3E and 3F,T.K.Martin Survey,Abstract 1055 9200 block Amundson Drive and 6900 block Precinct Line Road;North Richland Hills,Texas This Residential Infill Planned Development (RI-PD) District must adhere to all the conditions of the North Richland Hills Code of Ordinances,as amended,and adopt a base district of R-2 Single Family Residential.The following regulations must be specific to this RI-PD District.Where these regulations conflict with or overlap another ordinance, easement,covenant or deed restriction, the more stringent restriction will prevail. A. Permitted Land Uses. Uses in this RI-PD are limited to those permitted in the R-2 Single Family Residential zoning district,as amended,and subject to the following. 1. Any land use requiring a special use permit in the R-2 Single Family Residential zoning district,as amended, is only allowed if a special use permit is issued for the use. 2. Any land use prohibited in the R-2 Single Family Residential zoning district,as amended, is also prohibited. 3. A storm water detention pond shall be permitted,subject to the development standards contained herein. Final engineering and design shall be subject to approval by the Development Review Committee. B. Site development standards. Development of the property must comply with the development standards of the R-2 Single Family Residential zoning district and the standards described below. 1. Lot dimensions and setbacks are as follows. STANDARD MINIMUM REQUIREMENT Lot area 5,400 square feet ................................................................................................................................................................................................................................... Lot width,interior 50feet Lot width,corner 50 feet ................................................................................................................................................................................................................................... Lot depth 110 feet _____________________________________________________________________________________ Front building line 20 feet ................................................................................................................................................................................................................................... Side building line 5feet interior 10 feet on corner street side _____________________________________________________________________________________ Rear building line 10 feet 2. The development must set aside at least nine percent(9%)of the land area as common open space.All common open space areas and amenities must be owned and maintained by the home owner's association. The common open space areas shall be as shown on the site plan attached as Exhibit"C". 3. Fencing must be designed as shown on the site plan attached as Exhibit"C"and is subject to the following. a. A six-foot tall masonry screening wall must be constructed on the side or rear lot lines of the single-family lots adjacent to Precinct Line Road and Amundson Drive.The wall Exhibit B—Land Use and Development Regulations—Ordinance No.3541—Page 2 of 5 Zoning Case ZC 2018-16 Blocks 1-5,Highland Park Addition Tracts 3E and 3F,T.K.Martin Survey,Abstract 1055 9200 block Amundson Drive and 6900 block Precinct Line Road;North Richland Hills,Texas must be constructed as a traditional masonry wall or a pre-cast product such as Verti- crete. The columns may not exceed seven (7) feet in height. Thin-panel walls are prohibited. The developer is responsible for the fence construction as part of the public improvements for the subdivision. b. A wood rail style fence may be constructed on the west property line of the open space lot adjacent to Amundson Drive. The fence may not exceed five (5) feet in height. The developer is responsible for the fence construction as part of the public improvements for the subdivision. c. Rear yard fencing on the residential lots adjacent to the existing Martin Acres residential properties must be an ornamental metal fence.The fence must not exceed eight(8)feet in height. d. If provided, privacy fences constructed on residential lots may be either ornamental metal or a pre-stained board-on-board cedar fence with top cap and side trim;metal posts,brackets,and caps. Fences must not exceed eight(8)feet in height. e. Fencing on the street side lot line on Lots 10 and 22, Block A,and Lot 7, Block B,must be ornamental metal fencing, 4. Sidewalks and crosswalks must be designed as shown on the site plan attached as Exhibit "C"and are subject to the fallowing. a. A four-foot wide sidewalk must be constructed adjacent to all internal streets. The builder is responsible for the sidewalk construction. However, a sidewalk is not required adjacent to the open space lots. b. A four-foot wide sidewalk must be provided adjacent to Amundson Drive and a five- foot sidewalk adjacent to Precinct Line Road. The developer is responsible for the sidewalk as part of the public improvements for the subdivision. c. All crosswalks must be constructed of a stamped and stained concrete to be approved by the Development Review Committee. 5. Utility construction is subject to the following. a. Lateral and service lines for all franchise utilities must be placed and maintained underground.The utilities may be located at the front of the residential lots.All utility pedestals and boxes must be setback at least five(5)feet from the sidewalk. b. All existing overhead utility lines on the property must be placed underground. In the event the lines are not necessary to provide service to the development,the lines and poles must be removed. c. Street lights must be selected from Oncor's decorative street lighting options, excluding the Texan luminaire and excluding any fiberglass poles. Exhibit B—Land Use and Development Regulations—Ordinance No.3541—Page 3 of 5 Zoning Case ZC 2018-16 Blocks 1-5,Highland Park Addition Tracts 3E and 3F,T.K.Martin Survey,Abstract 1055 9200 block Amundson Drive and 6900 block Precinct Line Road;North Richland Hills,Texas G. The development must include cluster mailboxes.The mailbox design must be equipped with decorative tops and pedestals. The location and design shall be approved by the Development Review Committee and US Postal Service. 7. Development entry signs shall be designed and installed in accordance with Chapter 106 —Signs of the North Richland Hills Code of Ordinances and the approved details attached as Exhibit"C". S. Landscaping must be designed as shown on the landscape plan attached as Exhibit "C" and is subject to the following. a. A landscape plan for the common open spaces within the development must be prepared by a Registered Landscape Architect and be approved by the Development Review Committee prior to construction. b. Landscaping on and adjacent to individual residential lots is subject to the following. i. On all lots,at least two(2)trees must be installed.At least one(1)tree must be located in the front yard.Trees planted in the front yard may be an ornamental or canopy tree. Existing trees may be used to satisfy this standard. Ornamental trees may be selected from the City's Tree List. ii. On all lots, one (1)street tree must be planted between the sidewalk and curb adjacent to the front of each lot. On corner lots,two (2) street trees must also be planted between the sidewalk and curb adjacent to the side of each lot. Street trees must be a common elm species such as Basque,Allee, Lacebark or Cedar and shall have a singular primary trunk. The street trees must be spaced a minimum of twenty(20)feet apart. iii. The front yard of all lots must be landscaped with a minimum of fifteen(15)one- gallon shrubs of at least two different species. c. All landscaped areas of each residential lot and each open space lot must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. d. A mountable curb and drivable surface may be constructed on the north and south ends of Lot 1X Block D.The mountable curb must transition to a standard curb on the east and west sides in order to provide definition to the open space lot. 9. Each lot owner must be a mandatary member of the homeowners association(HOA).The HOA is responsible for the following. a. Ownership and maintenance of all common amenities, common areas, open space lots,and associated landscaping and irrigation. b. Ownership and maintenance offences and walls within open space lots and dedicated wall easements. Exhibit B—Land Use and Development Regulations—Ordinance No.3541—Page 4 of 5 Zoning Case ZC 2018-16 Blocks 1-5,Highland Park Addition Tracts 3E and 3F,T.K.Martin Survey,Abstract 1055 9200 block Amundson Drive and 6900 block Precinct Line Road;North Richland Hills,Texas 10.The construction of a detention pond is authorized for the development. The detention pond is subject to the following. a. Construction of the detention pond is subject to final approval of the engineering plans, including safety measures, by the Development Review Committee and City Engineer. b. The detention pond must be landscaped in accordance with Chapter 114—Vegetation of the Code of Ordinances and this Exhibit"B."The landscape plan is subject to final approval by the Development Review Committee. c. The detention pond outlet structure may be located less than fifty (50) feet from a property line. d. The side slopes of the detention pond may exceed a 5H:1V slope. If vertical walls are included,the walls must be constructed and/or faced with natural stone. e. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the final plat for the property. f. The owner must execute a Developer's Maintenance Agreement with the City for erosion control at the time of final plat. The agreement shall terminate upon completion of the last home. C. Building design standards. Building design and appearance shall comply with the conceptual building elevations attached as Exhibit"C"and the standards described below. 1. The minimum dwelling unit size is 2,000 square feet. 2. The maximum structure height is thirty-eight(38)feet. 3. The exterior wall materials must meet the current standards of the zoning ordinance, as amended. 4. Garages are subject to the following: a. Front entry garages are permitted within the development.At least nineteen (19) of the front entry garages must have individual doors separated by a minimum twelve- inch(12)wide masonry column. b. The garage entry must be set back at least twenty(20)feet from the property line. c. All garage doors must be raised or recessed panel or carriage house design.The door must be faced with cedar, mahogany,or other rot-resistant wood.Alternatively,the garage door may be a steel door that has the appearance and color of a wood-grain finish. d. Front entry garages must not constitute more than sixty (60) percent of the total width of the dwelling. 5. Driveways are subject to the following. Exhibit B—Land Use and Development Regulations—Ordinance No.3541—Page 5 of 5 Zoning Case ZC 2018-16 Blocks 1-5,Highland Park Addition Tracts 3E and 3F,T.K.Martin Survey,Abstract 1055 9200 block Amundson Drive and 6900 block Precinct Line Road;North Richland Hills,Texas a. Surface materials for driveways must be salt finished, broom finished with smooth border,or stamped and stained concrete. b. The drive approaches for Lots 1 and 22, Block A, must be located on the west side of the lot and on the opposite side from the intersecting street. c. The drive approaches for Lots 17 and 18, Block A, and Lots 10-12, Block B, may be wider than forty percent(40%)of the lot width as measured at the property line. 6. Roofs must have a minimum pitch of 8:12 on the front and a minimum of 6:12 an the sides. Porch roofs and shed roofs must have a minimum 4:12. Roof materials must be constructed of at least 30-year shingles.Three-tab shingles are prohibited. 7. Each building must include at least three of the following architectural elements. a. At least two distinct masonry materials. b. Divided light or border light windows on street facing elevations, including front elevations and side elevations on corner lots. c. Enhanced brick details,such as herringbone,rowlocks,etc. d. Metal seam roof accents. e. Cedar shutter accents. f. Cast stone accents. g. Decorative coach lighting. h. Quoins. i. Front porches of 60 square feet or larger. j. Cedar columns. k. Dormers. I. Balconies. m. Eight-foot tall entry doors. D. Amendments to Approved Planned Developments. An amendment or revision to the Residential Infill Planned Development(RI-PD)must be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that zoned the land to the RI-PD district. The city manager or designee may approve minor amendments or revisions to the RI-PD standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. 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I.,.i., � •ail V ( /l f N ` I TYPICAL HOME ELEVATION MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 6, 2018 C.S. ZC 2018-16 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HOWE AND WOOD COMPANY FOR A ZONING CHANGE FROM PD PLANNED DEVELOPMENT, 0-1 OFFICE, AND AG AGRICULTURAL TO RI-PD RESIDENTIAL INFILL PLANNED DEVELOPMENT IN THE 9200 BLOCK OF AMUNDSON DRIVE AND 6900 BLOCK OF PRECINCT LINE ROAD, BEING 8.222 ACRES DESCRIBED AS HIGHLAND PARK ADDITION, BLOCKS 1-5; AND TRACTS 3E AND 3F, T.K. MARTIN SURVEY, ABSTRACT 1055. APPROVED Chairman Justin Welborn opened the public hearing, introduced the item, and called for Planning Manager Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chairman Welborn called for the applicant to present the request. Mark Howe, on behalf of Howe and Wood Company, 6617 Precinct Line Road, North Richland Hills, Texas 76182, presented the request. Commissioner Don Bowen and Mr. Howe discussed the future condition and upkeep of the 30-foot easement provided for David Barfield's property to the south. Vice Chairman Jerry Tyner and Mr. Howe discussed a gated iron wrought fence to the rear of open space lot to Mr. Barfield's property. Chairman Welborn and Mr. Howe discussed wood fencing on interior corner lots and changing that fencing to metal. Ex-Officio Kelvin Deupree and Mr. Howe discussed the dimensions of the median. Chairman Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Ex-Officio Kelvin Deupree and Mr. Comstock discussed the Development Review September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Committee's recommendation to add a 5-foot landscaping strip along Precinct Line Road. Chairman Welborn and Mr. Comstock discussed the setback requirements for the lots of 20 feet. Chairman Welborn and Mr. Howe discussed pad depths being 70-72 feet and discussed the usable space for backyards. Kent Davis, 6817 Knob Hill Drive, North Richland Hills, Texas 76182, spoke in favor of the request. Those who did not speak, but registered their opposition to the request: Humberto Hernandez, 7001 Oak Hills Court, North Richland Hills, Texas 76182; and Gaudelia Hernandez, 7001 Oak Hills Court, North Richland Hills, Texas 76182. Chairman Welborn called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chairman Welborn closed the public hearing. Commissioner Don Bowen asked for clarification from staff concerning the motion to include the five-foot buffer. Chairman Welborn and Ex-Officio discussed the lot depth. A MOTION WAS MADE BY COMMISSIONER SARAH OLVEY, SECONDED BY COMMISSIONER MASON ORR TO APPROVE ZC 2018-16. MOTION TO APPROVE CARRIED 6-1, WITH COMMISSIONER WENDY WERNER OPPOSING. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 2 of 2 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Approve an interlocal agreement with Trinity Metro to provide for the construction of a sidewalk connection to the north side of the Smithfield Station platform, and establish maintenance responsibilities for the TEXRail improvements. PRESENTER: Caroline Waggoner SUMMARY: The City Council is being asked to approve an interlocal agreement with Trinity Metro (formerly Fort Worth Transportation Authority) to address the long-term maintenance of the TEXRail improvements and allow for the construction of a sidewalk between Snider Street and the Smithfield Station north platform. GENERAL DESCRIPTION: The city and Trinity Metro entered into an agreement in 2015 which established the framework for commuter rail service in North Richland Hills. Since that time, construction began on the TEXRail corridor, with an anticipated start date for service occurring in late 2018. Trinity Metro is now asking for a follow-up agreement which provides additional detail related the duties and responsibilities of each party as it relates to construction and maintenance of the improvements. During the course of the TEXRail project, city staff has contemplated various Transit Oriented Development options along Main Street on the north side of the proposed Smithfield Station. The current Trinity Metro plans provide pedestrian connectivity to the station platform on the south side of the tracks, near the Cottonbelt trail and the station parking lot. A north platform is provided in their station design, but is not connected to anything at this time since the adjacent property is not configured to access the train, and Smithfield Road does not have sidewalks north of the railroad tracks on the east side. Planning and Engineering staff have worked with Trinity Metro to provide a six-foot walkway from the terminus of Snider Street to the north station platform (see attached exhibit). The agreement states that the city will reimburse Trinity Metro in the amount of $50,000 for the construction of this connection, which includes 650 linear feet of 6' wide sidewalk, plus a ramp and structural retaining walls needed to reach the platform grade. The project is much more cost efficient for Trinity Metro's contractor to complete since they are already active on site, and have all necessary railroad traffic control (flagging) clearances. The city did apply for and receive IqRH permission from DART to construct this sidewalk as the city will be required to maintain the sidewalk in the future. Funds are available in the Snider Street Extension Project (ST1102) to cover the construction of the pedestrian connection. RECOMMENDATION: Approve the interlocal agreement with Trinity Metro, including the payment of $50,000 from the Snider Street Extension Project (ST1102) for the sidewalk improvements. INTERLOCAL AGREEMENT BETWEEN TRINITY METRO AND CITY OF NORTH RICHLAND HILLS, TEXAS This Interlocal Agreement (this "Agreement") is made and entered into as of the day of , 20, by and between TRINITY METRO, a regional transportation authority pursuant to the provisions of Chapter 452, Texas Transportation Code("TM"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipality under the laws of the State of Texas ("City"). RECITALS 1. This Interlocal Agreement is made under the authority of Chapter 791, Texas Government Code. 2. TM is designing, constructing and implementing the operation of a commuter rail facility known as the TEX Rail Project("TEX Rail"), and 3. The TEX Rail line will be located, in part,upon an existing right-of-way (`ROW") and rail line within the limits of City, and 4. TM and City desire to enter into this Interlocal Agreement to provide for mutually agreeable terms concerning the respective obligations of TM and City with respect to the design, construction and implementation of TEX Rail. NOW, THEREFORE, in consideration of the mutual benefits and promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, TM and City do hereby agree as follows: I. Best Efforts. Subject to the terms and provisions of this Interlocal Agreement, TM and City will use their best efforts, respectively,to timely carry out and perform the obligations set forth herein below. IL References. Tex Rail T&P Station to DEW Airport IFB Plans dated 01/04/16 and modifications are attached hereto, incorporated herein as Exhibit A, and mutually agreed to by both parties (the "Plans"). 111. Definitions. (Intentionally Blank) 1 of 10 Trinity Metro / North Richland Hills Interlocal Agreement 109981 s IV.1 IV. Obligations of TM — TM will manage and oversee the design, construction and implementation of the TEX Rail Project in the City by undertaking the following: A. Facilities—TM will design and construct the facilities identified in (Plans). B. Design Standards—TM will design roadway, drainage and utility facilities in accordance to City standards. TM will design structures, stations, and track facilities to TEX Rail standards. C. Design Review — TM will provide a set of plans to City for each design submittal for street modifications, public utility relocations, drainage modifications, and the planned improvements within North Richland Hills city limits. TM will address all City comments and provide written responses to City. Any plan modifications during construction will be provided to the City for concurrence. D. Construction Acceptance — TM will provide a construction schedule and phasing to the City prior to construction activities. TM will coordinate schedule with City inspectors. Regularly scheduled meetings will be set during the duration of construction. Special attention will be paid to the times around the festivals and other events. TM will be responsible for final acceptance on the facilities TM will maintain. Prior to final acceptance TM will contact the City for concurrence. TM will provide a single point of contact to relay inspection comments by the public works inspector, historic preservation officer or building inspectors. TM inspector will coordinate workflow with the contractor and relevant sub-contractors E. Street Modifications —TM will design and construct street civil modification including paving, drainage, and sidewalks in accordance with the City standards. TM will be responsible for maintenance of track, railroad crossing equipment, crossing panels, and sidewalks and paving to the outside edge of the crossing panels at grade crossings. F. Utility Modifications — TM will design and construct utility relocations for public utilities owned by City and determined to be in conflict with TEX Rail facilities. Utility relocation will be performed per the Plans. TM will pay tap fees required for meter installations necessary for TEX Rail operations. TM will coordinate electrical transformer locations with City. Transformers and easements will be coordinated with future building designs as much as possible, however under no circumstances will this delay the project. G. Drainage — TM will design and construct drainage facilities that require replacement or relocation. Replacement of drainage facilities will be per the Plans. TM will assume all responsibilities for the maintenance of drainage 2of10 Trinity Metro / North Richland Hills Interlocal Agreement 10998181 v.I facilities located within the rail right of way. TM will provide one copy of the storm water pollution prevention plan(S WPPP)to the City for our records. TM will be responsible for compliance with the SWPPP for all phases of the project in and out of Rail right of way. H. Traffic Signals — TM will design new traffic and pedestrian signals where necessary based on City standards and AREMA Guidelines, to comply with State and Federal regulations. TM will provide and maintain a preemption circuit with adjacent traffic signals. TM will operate and maintain all Railroad signal appurtenances within the rail right of way. I. Preemption Circuits—TM will extend preemption circuits from the TEX Rail signal cabinets to the City Traffic Signal Cabinets. The circuit shall consist of conduit and wiring to a point just outside of the City Traffic Signal Cabinets with a conduit sweep and sufficient excess wire for connection to and extension into the City cabinets by City staff. J. Traffic Signs—TM will design traffic signs to conform to TMUTCD standards. TM will be responsible for providing and maintaining the Park and Ride signage. Location of the Park and Ride signage will be mutually agreed with North Richland Hills Public Works prior to installation. TM will be responsible for the initial installation of signs and striping related to crossings. TM will be responsible for the maintenance of all TEX Rail related signs within the railroad right of way. K. Roadway Illumination — TM will replace in-kind any roadway illumination determined to be negatively impacted by the TEX Rail Project. L. Hike and Bike Trail — TM will design and construct any required modifications due to TEX Rail's construction to the existing Hike and Bike Trail in accordance with City and ADA/TDLR standards. M. Sidewalk Connection to Smithfield Station—TM will design and construct a 6' wide sidewalk connection from the end of Snider Street to the north Smithfield Station platform in accordance with City and ADA / TDLR standards. An exhibit depicting the proposed alignment and design is attached to this agreement. N. Guideway—TM will be responsible for maintenance of the Railroad right-of- way except where the City has an adjacent trail located within the Railroad right of way. TEX Rail Maintenance items include rail, ties,ballast, crossing panels, railroad signals, gates and drainage ways within the Railroad right of way. To areas where the City has a trail within the rail right of way, the City 3of10 Trinity Metro / North Richland Hills Interlocal Agreement 109981810 will maintain the trail pavement and mow the area up to 5' on each side of the trail within the railroad right of way. O. Quiet Zones — TM will design and construct quiet zone crossings to FRA standards. TM will support the City's application for quiet zones. TM will be responsible for maintaining any gates, flashers, arms, and other rail appurtenances within the railroad right of way necessitated by the Quiet Zones. P. TEX Rail Station — TM will design stations as shown in the plans in accordance with City standards.. TM will maintain all facilities within the railroad right of way. Q. Zoning — TM will request City to modify zoning as needed for the TEX Rail facilities. R. Tree Ordinance—Work within the existing railroad right-of-way is exempt from the tree ordinance. S. Landscaping—TM will maintain any landscaping at the TEX Rail Stations. T. Permits—TM will apply for all necessary permits for construction of the TEX Rail facilities. Permits will be issued at no cost to TM. U. Right of Entry— TM will notify City prior to utilizing City property and will restore the City property to existing conditions. V. Obligations of the City of North Richland Hills A. Facilities — The City will relocate the semaphore within rail right of way adjacent to the existing historic depot. B. Design Standards -- If design exceptions are required due to non-standard existing conditions or other unanticipated constraints, City will work with TM to evaluate and approve exceptions to design. A single point of contact wil I be provided as a representative of TM and the City to provide clear communication. C. Design Review. City will perform reviews of any required changes to the Plans in a timely manner as to avoid any construction delays. City will focus its reviews on street modifications, public utility relocations, drainage modifications, and the existing planned improvements. 4of10 Trinity Metro / North Richland Hills Interlocal Agreement 1099s s IV.I D. Sidewalk Connection to Smithfield Station. The City will reimburse TM $50,000.00 for the cost of the 6' wide sidewalk connection from the end of Snider Street to the north Smithfield Station platform as shown on the attached exhibit. E. Construction Acceptance. City will provide an inspector during normal business hours while under construction to complete inspections and give final acceptance for facilities that City will maintain. City will provide inspection services at no cost to TM. Inspections will include track inspection, building inspection outside of City right of way and public works inspection within City right of way and easements. TM will provide a single point of contact for all inspection requests. City inspectors will provide timely support including approval of the construction schedule and phasing submitted by TM. For day to day communication City will provide two points of contact. — NRH , (Caroline Waggoner, City Engineer at 817-427-6400 and Dave Pendley, Building Official at 817-427-6300) F. Street Modifications. City will be responsible forthe maintenance of the street civil modifications(Paving,drainage and sidewalks)outside the crossing panels consistent with Section IV Paragraph E of this document. G. Utility Modifications. City will provide available information identifying and describing known public and private utilities and/or above or underground objects that may impact the Project. City will be responsible for the incremental cost of any betterments or improvements to City of North Richland Hills utilities. City will be responsible for the maintenance of City-owned utilities within the Rail Right of Way once construction is accepted by the City. H. Drainage. City will be responsible for the incremental cost of any betterments or improvements to the draining system beyond those called for in the Plans. City will be responsible for the maintenance of street drainage systems beyond the Rail Right of Way. I. Traffic Signals. City will furnish the signal control boxes and will be responsible for the timing and maintenance of City traffic signals. For traffic signals that interface with railroad signals at grade crossings, City will be responsible for connecting, testing and approving preemption operations at said traffic signals. City will make connection to the preemption conduit and wire at the City signal cabinet and extend both as needed into the signal cabinet to connect to the City signal system. 5of10 Trinity Metro / North Richland Hills Interlocal Agreement 1099slsIv.i J. Traffic Signs. City will be responsible for the maintenance of TMUTCD traffic signs and striping outside of the crossing panels. K. Roadway illumination. City will be responsible for the incremental cost of any betterments or improvements to roadway illumination and City will be responsible for the maintenance of all roadway illumination. L. Hike and Bike Trail. City will be responsible for the Hike and Bike Trail pavement maintenance and mowing within 10'of the trail edge. City will allow TM to review,and comment on any plans for future Hike and Bike Trails within the railroad right of way. City"ill work in good faith to address TM concerns. M. Guideway. City will be responsible for maintenance outside the Rail Right-of- Way, and the area adjacent to the Hike and Bike Trail as stated in Section IV, Paragraph N of this document. N. Quiet Zones. City will be responsible for preparing and submitting the quiet zone application and will participate in the diagnostic study with TEX Rail. TM will assist City in the preparation of the Notice of Tntent and Notice of Establishment to establish the quiet zones. O. Zoning. TM will request City to modify zoning as needed for the TEXRail facilities. P. Tree Ordinance. Work within the existing railroad ROW is exempt from the tree ordinance. Q. Permits. City will provide all necessary permits for construction of the TEX Rail Facilities at no cost to TM. R. Right of Entry. City will provide right of entry onto City property for TM's consultants and contractors. VI. Additional Provisions A. Waiver or Modification. No officer or agent of City or TM is authorized to waive or modify any provision of this Agreement. No modifications to or rescission of this Agreement may be made except by a written document signed by City's and TM's authorized representatives. B. Assignment. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the successors, assigns and legal representatives of 6of10 Trinity Metro / North Richland Hills Interlocal Agreement 10998181 v.I the parties hereto. Neither party may assign this Agreement or any of its rights nor obligations hereunder without the prior written consent of the other party which consent of the other party,will not be unreasonably withheld. C. Entire Agreement. This Agreement constitutes the entire agreement between City and TM and supersedes any prior understanding or oral or written agreements between City and TM respecting the subject matter of this Agreement. D. Severability. The provisions of this Interlocal Agreement are severable and if, for any reason, anyone or more of the provisions contained in the Agreement shall be held to be invalid,illegal or unenforceable in any respect,the invalidity, illegality or imenforecability shall not affect any other provision of this Agreement and this Agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. E. Good Faith Dealings; Disputes. The parties undertake to act in good faith in relation to the performance and implementation of this Interlocal Agreement and to take such other reasonable measures as may be necessary for the realization of its purposes and objectives. The parties agree to attempt to resolve all disputes arising hereunder promptly, equitably and in a good faith manner through each party's authorized representative. The party's agree to provide each other with reasonable access during normal business hours to any and all non-privileged records, information and data pertaining to any such dispute. If the dispute cannot be resolved within 30 days of notice of the dispute,the parties may submit the dispute to mediation or binding arbitration upon the mutual consent of each party. Each party shall pay its own expenses for mediation or arbitration, including attorney's fees, but shall share the cost equally for the mediator or the arbitrator. The rules of the American Arbitration Association shall govern any dispute. If the dispute cannot be resolved through an alternative dispute resolution process, the parties may pursue any and all remedies available. F. Relationship of the Parties. This Interlocal Agreement shall not be interpreted or construed to create an association,joint venture, or partnership between the parties or to impose any partnership obligation or liability upon either party. Neither party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other party. 7of10 Trinity Metro / North Richland Hills Interlocal Agreement 109981 S 7 v.1 G. Notices. Any notice required or permitted to be delivered hereunder may be given by personal delivery to the party entitled thereto, by facsimile or other electronic transmission with electronic confirmation, addressed to City or TM, as the case may be, at the mailing address, facsimile number and email address set forth below: For City: City of North Richland Hills Attn: Caroline Waggoner City Engineer 4301 City Point Drive North Richland Hills Texas 76180 Fax: 817-427-6404 clwaggoner @nrhtx.com For Trinity Metro: TRINITY METRO Attention: Paul J Ballard President/CEO 801 Cherry Street Suite 850 Fort Worth, TX 76102 Facsimile No. (817) 215-8709 pballardLthe-t.com H. Governing Law. This Interlocal Agreement, and the rights and obligations of the parties under or pursuant to this Agreement, shall be interpreted and construed according to the laws of the State of Texas. This Agreement is subject to all applicable federal, state, and local laws and any applicable ordinances, rules, orders, and regulations of any local, state, or federal governmental authority having jurisdiction. 1. Liability. Both TM and City each agree to be responsible for their own negligent acts, errors or omissions, including any act of an employee, agent, representative, official, or director of TM or City in the performance of this agreement,without waiving any governmental immunity available to either TM or City under Texas law and without waiving any defenses of either party under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 8of10 Trinity Metro / North Richland Hills Interlocal Agreement 109961 s IV.I J. Payment. Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. IN WITNESS WHEREOF, the parties hereto, acting under the authority of the respective governing bodies, have caused this Agreement to be duly executed in multiple counterparts, each of which shall constitute an original, this the day of , 20. CITY OF NORTH RICHLAND HILLS Mark Hindman, City Manager Date: ATTEST: Alicia Richardson, City Secretary 9of10 Trinity Metro / North Richland Hills Interlocal Agreement 10998187 v.1 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney TRINITY METRO By: Paul J. Ballard President/CEO 10 of 10 Trinity Metro /North Richland Hills lnterlocal Agreement 7 ' . . . L/) c < o G ( ` 7 2 / / V) o . 2 \ cu d ® § �\ Z „ �§ MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Consider Ordinance No. 3537, approving a Negotiated Settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2018 Rate Review Mechanism Filing PRESENTER: Karen Bostic, Assistant City Manager SUMMARY: The purpose of the ordinance is for City Council to consider approval of the Settlement Agreement and the resulting rate change under the Rate Review Mechanism Tariff. As a result of negotiations, the Executive Committee for the Atmos Cities Steering Committee was able to reduce Atmos Mid-Tex's request. GENERAL DESCRIPTION: In April 2018, Atmos Energy Corp., Mid-Tex Division ("Atmos Md-Tex" or "Company") submitted its annual filing under the Rate Review Mechanism ("RRM") Tariff. The Company claimed that its cost-of-service for test year ending December 31, 2017 entitled it to $42 million in additional system-wide revenues. Application of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $27.4 million. Following further negotiations between Atmos and the ACSC's Executive Committee, the system-wide rate increase was reduced to $24.9 million, with $17.8 million of the increase allocated to ACSC member cities. The City of North Richland Hills, along with a number of other cities served by Atmos Mid-Tex, is a member of the Atmos Cities Steering Committee. The tariffs attached to the ordinance approve rates that will increase the Company's revenues by $17.8 million for the Mid-Tex Rate Division, effective for bills rendered on or after October 1, 2018. The monthly residential customer charge will increase from $18.35 per month to $18.85 per month. The consumption charge will be $0.14846 Ccf. The impact to the monthly bill for the typical residential customer will be an increase of $1.06 or 1.94%. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all cities adopt the ordinance with its attachments approving the negotiated rate settlement resolving the 2018 Rate Review Mechanism filing, and implementing the rate change. RECOMMENDATION: Approve Ordinance 3537. ORDINANCE NO. 3537 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF NORTH RICHLAND HILLS, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MiD-TEX DIVISION REGARDING THE COMPANY'S 2018 RATE REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND iN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THiS ORDINANCE WAS PASSED iN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Armes Cities Steering Committee (`ACSC"), a coalition of similarly-situated cities served by Atmos Mid-Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism ("RRM') tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Tnfrastructure Program ("GRIP") process instituted by 1 the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the RRM tariff was adopted by the City in a rate ordinance earlier this year; and WHEREAS, on about April 1, 2018, Atmos Mid-Tex filed its 2018 RRM rate request with ACSC Cities based on a test year ending December 31, 2017; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2018 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $24.9 million on a system-wide basis ($17.8 million of which is applicable to ACSC members); and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just,reasonable, and in the public interest; and WHEREAS, the Exhibit A rate tariffs incorporate the federal income tax rates that became effective January 1, 2018; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B) and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; 2 NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCTL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds that the settled amount of an increase in revenues of$24.9 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex's 2018 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $24.9 million in revenue on a system-wide basis over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 4. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 5. That amortization of regulatory liability shall be consistent with the schedule found in attached Exhibit C attached hereto and incorporated herein. Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2018 RRM filing. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. 3 Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2018. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this 24th day of September, 2018. Oscar Trevino, Mayor ATTEST: APPROVED AS TO FORM: Alicia Richardson, City Secretary Maleshia McGinnis, City Attorney 4 Exhibit A Rate Tariffs Effective October 1 , 2018 EXHIBIT A N1|Q-TEXD8/|S|{}N RRC Tariff No: ATk0QS ENERGY CORPORATION RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 12 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type ofService Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 18.85 per month Rider CEE Surcharge $ 0.03 per month Total Customer Charge $ 18.88 per month Commodity Charge—All Ccf $0.14846 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part(b). respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider VVNA Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality, Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX, Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may byrequired. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and tu the Company's Tariff for Gas Service. 'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170 Surcharge billing effective July 1,2018 EXHIBIT A 88|D^TEXD|V|S|DN FlHC: Tariff No: ATKU[]S ENERGY CORPORATION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 13 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type ofService Where service of the type desired by Customer in not already available ot the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $43.50 per month Rider CEE Surcharge $ (0.03) per month' Total Customer Charge $43.47 per month Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part(b). respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus enamount for weather normalization calculated in accordance with Rider VVNA. Franchise Fee Adjustment: Plus anamount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may berequired. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service, ' Reference Rider CEE-conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2018. EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 14 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 784.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.3312 per MMBtu Next 3,500 MMBtu $ 0.2425 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0520 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part(b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. E)CRIBIT A KU|Q~TEXD|V|S|QN RRC Tariff No: ATKUQSENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 15 Agreement An Agreement for Gas Service may berequired. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and tu the Company's Tariff for Gas Service. Special Conditions |n order to receive service under Rate |` Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. EXHIBIT A M|D^TEXD|\/yS|ON RRC Tariff No: ATMQ8 ENERGY CORPORATION RATE SCHEDULE: I - INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TExbivisON EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 16 Exhibit�~��. .|^^�� /` The rates were effective for the following Cities nn /\O|LENE DEN|SON K|LLEEN ADD|SON DENTON KRUM ALBANY DESOT8 LAKE WORTH ALLEN DRAPER AKA CORRAL CITY LAKESIDE ALVARADO DUNCANV|LLE LEVV|SV|LLE ANGUS EAGTLAND LINCOLN PARK(ANNEXED WITH LITTLE ELM) ANNA EDGECUFFV|LLAGE LITTLE ELM ARGYLE EMORY LURENA ARLINGTON ENN|S W1AD|S0NV|LLE AUBREY EULESS MALAKOFF A2LE EVERMAN MANSFIELD BEDFORD FAIRVIEW KxCK|NNEY BELLyNEAD FARMERSBR8NCH MELISSA BENBRO0K FAR/NERGV|LLE MESQUITE BEVERLY HILLS FATE MIDLOTHIAN BLOSSOM FLOWER MOUND MURPHY BLUE RIDGE FOREST HILL NEWARK BOWIE FORNEY NOCONA BOYD FORT WORTH NORTH R|CHLANDHILLS BRIDGEPORT FR|SCU NORTHLAKE BROVVNVVOOO FROST OAK LEAF BUFFALO GA|NGV|LLE OV|LLA 8URKBURNETT GARLAND PALESTINE BURLEGON 8ARRETT PANTEGO CADDOKx|LLS GRANDPARA|R|E PARIS CANTON GRAPEVINE PARKER CARROLLTON GUNTER PECAN HILL CEDAR HILL HALTOMC|TY PETR0L|A CELESTE HARKER HEIGHTS PLANO CEL|NA HASKELL PONDER CENTERV|UE HASLET POTTS80RO C|SC0 HEVV|TT PROSPER CL8RKSV|LLE HIGHLAND PARK QU|TMAN CLE8URNE HIGHLAND VILLAGE RED OAK CLYDE HONEY GROVE RENO (PARKER COUNTY) COLLEGE STATION HURGT RHOME COLLEYV|LLE IOWA PARK R|CHARDSON COLORADO CITY |RV|NG R|CHLAND C0MANCHE JUSTIN R|CHLANDH|LLS CO0L|DGE KAUFMAN RIVER OAKS COPPELL KEENE R0AN0KE COR|NTH KELLER ROBINSON CRANDALL KEMP ROCKVVALL CROVVLEY KENNED/\LE ROSCOE DALvVORTH|NGTONSARDENS KERRVILLE ROVVLETT EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I— INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10101/2018 PAGE: 17 Cities with Rate Effective 3/15/2018 (Continued) ROYSE CITY SULPHUR SPRINGS WATAUGA SACHSE SWEETWATER WAXAHACHIE SAGINAW TEMPLE WESTLAKE SANSOM PARK TERRELL WESTOVER HILLS SEAGOVILLE THE COLONY WHITE SETTLEMENT SHERMAN TROPHY CLUB WHITESBORO SNYDER TYLER WICHITA FALLS SOUTHLAKE UNIVERSITY PARK WOODWAY SPRINGTOWN VENUS WYLIE STAMFORD VERNON STEPHENVILLE WACO The rates were effective for the following Cities on 4/01/2018: ABBOTT BRUCEVILLE-EDDY DEPORT ALBA BRYAN DETROIT ALMA BUCKHOLTS DODD CITY ALVORD BUFFALO GAP DOUBLE OAK ANNONA BURNET DUBLIN ANSON BYERS EARLY ARCHER CITY CALDWELL ECTOR ATHENS CALVERT EDOM AURORA CAMERON ELECTRA AUSTIN CAMPBELL EMHOUSE AVERY CARBON EUSTACE BAIRD CASHION COMMUNITY EVANT BALCH SPRINGS CEDAR PARK FAIRFIELD BALLINGER CHANDLER FERRIS BANDERA CHICO FRANKLIN BANGS CHILDRESS FRANKSTON BARDWELL CHILLICOTHE FREDERICKSBURG BARRY CLIFTON GATESVILLE BARTLETT COCKRELL HILL GEORGETOWN BARTONVILLE COLEMAN GLEN ROSE BELLEVUE COLLINSVILLE GLENN HEIGHTS BELLS COMMERCE GODLEY BELTON COMO GOLDTHWAITE BENJAMIN COOPER GOODLOW BERTRAM COPPER CANYON GORDON BLACKWELL COPPERAS COVE GOREE BLANKET CORSICANA GORMAN BLOOMING GROVE COVINGTON GRANBURY BLUE MOUND COYOTE FLATS GRANDVIEW BLUM CRAWFORD GRANGER BOGATA CROSS ROADS GREENVILLE BONHAM CUMBY GROESBECK BREMOND DAWSON GUSTINE BRONTE DECATUR HAMLIN BROWNSBORO DELEON HAMILTON EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/0112018 PAGE: 18 Cities with Rate Effective 4/01/2018 (Continued) HAWLEY MALONE RANGER HEARNE MANOR RAVENNA HEATH MARBLE FALLS RENO (LAMAR COUNTY) HEBRON MARLIN RETREAT HENRIETTA MART RICE HICKORY CREEK MAYPEARL RIESEL HICO MCGREGOR RIO VISTA HILLSBORO MCLENDON-CHISHOLM ROBERT LEE HOLLAND MEGARGEL ROBY HOLLIDAY MERIDIAN ROCHESTER HOWE MERKEL ROCKDALE HUBBARD MEXIA ROGERS HUTCHINS MIDWAY ROSEBUD HUTTO MILES ROSS IMPACT MILFORD ROTAN IREDELL MILLSAP ROUND ROCK ITALY MOBILE CITY ROXTON ITASCA MOODY RULE JEWETT MORAN RUNAWAY BAY JOSEPHINE MORGAN SADLER JOSHUA MUENSTER SAINT JO KERENS MUNDAY SAN ANGELO KNOLLWOOD MURCHISON SAN SABA KNOX CITY NEVADA SANCTUARY KOSSE NEW CHAPEL HILL SANGER KURTEN NEWCASTLE SANTA ANNA LACY-LAKEVIEW NOLANVILLE SAVOY LADONIA NORMANGEE SCURRY LAKE DALLAS NOVICE SEYMOUR LAKEPORT OAK POINT SHADY SHORES LAMPASAS OAKWOOD SOMERVILLE LANCASTER O'BRIEN CO-OP GIN SOUTH MOUNTAIN LAVON OGLESBY SOUTHMAYD LAWN OLNEY STAR HARBOR LEANDER PALMER STOCKTON BEND LEONA PARADISE STRAWN LEONARD PECAN GAP STREETMAN LEXINGTON PENELOPE SUN VALLEY LINDSAY PFLUGERVILLE SUNNYVALE LIPAN PILOT POINT TALTY LITTLE RIVER ACADEMY PLEASANT VALLEY TAYLOR LLANO POINT TEAGUE LOMETA POST OAK BEND TEHUACANA LONE OAK POWELL THORNDALE LONGVIEW POYNOR THORNTON LORAINE PRINCETON THRALL LOTT PUTNAM THROCKMORTON LUEDERS QUANAH TIOGA MABAN K QU I N LAN TOCO EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/0112018 PAGE: 19 Cities with Rate Effective 4/01/2018 (Continued) TOM BEAN VALLEY VIEW WHITNEY TRENT VAN ALSTYNE WILMER TRENTON WALNUT SPRINGS WINDOM TRINIDAD WEINERT WINTERS TROY WEST WIXON VALLEY TUSCOLA WESTWORTH VILLAGE WOLFE CITY TYE WHITEHOUSE WORTHAM VALLEY MILLS WHITEWRIGHT YANTIS EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T-TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE M115--f-EX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 16 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 784.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.3312 per MMBtu Next 3,500 MMBtu $ 0.2425 per MMBtu All MM13tu over 5,000 MMBtu $ 0.0520 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX, Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150% of the difference per MM13tu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey' during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 17 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/0112018 PAGE: 18 Exhibit A The rates were effective for the following Cities on 3/15/2018: ABILENE DENISON KILLEEN ADDISON DENTON KRUM ALBANY DESOTO LAKE WORTH ALLEN DRAPER AKA CORRAL CITY LAKESIDE ALVARADO DUNCANVILLE LEWISVILLE ANGUS EASTLAND LINCOLN PARK(ANNEXED WITH LITTLE ELM) ANNA EDGECLIFF VILLAGE LITTLE ELM ARGYLE EMORY LORENA ARLINGTON ENNIS MADISONVILLE AUBREY EULESS MALAKOFF AZLE EVERMAN MANSFIELD BEDFORD FAIRVIEW MCKINNEY BELLMEAD FARMERS BRANCH MELISSA BENBROOK FARMERSVILLE MESQUITE BEVERLY HILLS FATE MIDLOTHIAN BLOSSOM FLOWER MOUND MURPHY BLUE RIDGE FOREST HILL NEWARK BOWIE FORNEY NOCONA BOYD FORT WORTH NORTH RICHLAND HILLS BRIDGEPORT FRISCO NORTHLAKE BROWNWOOD FROST OAK LEAF BUFFALO GAINSVILLE OVILLA BURKBURNETT GARLAND PALESTINE BURLESON GARRETT PANTEGO CADDO MILLS GRAND PARAIRIE PARIS CANTON GRAPEVINE PARKER CARROLLTON GUNTER PECAN HILL CEDAR HILL HALTOM CITY PETROLIA CELESTE HARKER HEIGHTS PLANO CELINA HASKELL PONDER CENTERVILLE HASLET POTTSBORO CISCO HEWITT PROSPER CLARKSVILLE HIGHLAND PARK QUITMAN CLEBURNE HIGHLAND VILLAGE RED OAK CLYDE HONEY GROVE RENO (PARKER COUNTY) COLLEGE STATION HURST RHOME COLLEYVILLE IOWA PARK RICHARDSON COLORADO CITY IRVING RICHLAND COMANCHE JUSTIN RICHLAND HILLS COOLIDGE KAUFMAN RIVER OAKS COPPELL KEENE ROANOKE CORINTH KELLER ROBINSON CRANDALL KEMP ROCKWALL CROWLEY KENNEDALE ROSCOE DALWORTHINGTON GARDENS KERRVILLE ROWLETT EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 19 Cities with Rate Effective 3/15/2018 (Continued) ROYSE CITY SULPHUR SPRINGS WATAUGA SACHSE SWEETWATER WAXAHACHIE SAGINAW TEMPLE WESTLAKE SANSOM PARK TERRELL WESTOVER HILLS SEAGOVILLE THE COLONY WHITE SETTLEMENT SHERMAN TROPHY CLUB WHITESBORO SNYDER TYLER WICHITA FALLS SOUTHLAKE UNIVERSITY PARK WOODWAY SPRINGTOWN VENUS WYLIE STAMFORD VERNON STEPHENVILLE WACO The rates were effective for the following Cities on 4/0112018: ABBOTT BRUCEVILLE-EDDY DEPORT ALBA BRYAN DETROIT ALMA BUCKHOLTS DODD CITY ALVORD BUFFALO GAP DOUBLE OAK ANNONA BURNET DUBLIN ANSON BYERS EARLY ARCHER CITY CALDWELL ECTOR ATHENS CALVERT EDOM AURORA CAMERON ELECTRA AUSTIN CAMPBELL EMHOUSE AVERY CARBON EUSTACE BAIRD CASHION COMMUNITY EVANT BALCH SPRINGS CEDAR PARK FAIRFIELD BALLINGER CHANDLER FERRIS BANDERA CHICO FRANKLIN BANGS CHILDRESS FRANKSTON BARDWELL CHILLICOTHE FREDERICKSBURG BARRY CLIFTON GATESVILLE BARTLETT COCKRELL HILL GEORGETOWN BARTONVILLE COLEMAN GLEN ROSE BELLEVUE COLLINSVILLE GLENN HEIGHTS BELLS COMMERCE GODLEY BELTON COMO GOLDTHWAITE BENJAMIN COOPER GOODLOW BERTRAM COPPER CANYON GORDON BLACKWELL COPPERAS COVE GOREE BLANKET CORSICANA GORMAN BLOOMING GROVE COVINGTON GRANBURY BLUE MOUND COYOTE FLATS GRANDVIEW BLUM CRAWFORD GRANGER BOGATA CROSS ROADS GREENVILLE BONHAM CUMBY GROESBECK BREMOND DAWSON GUSTINE BRONTE DECATUR HAMLIN BROWNSBORO DELEON HAMILTON EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10101/2018 PAGE: 20 Cities with Rate Effective 4/01/2018 (Continued) HAWLEY MALONE RANGER HEARNE MANOR RAVENNA HEATH MARBLE FALLS RENO (LAMAR COUNTY) HEBRON MARLIN RETREAT HENRIETTA MART RICE HICKORY CREEK MAYPEARL RIESEL HICO MCGREGOR RIO VISTA HILLSBORO MCLENDON-CHISHOLM ROBERT LEE HOLLAND MEGARGEL ROBY HOLLIDAY MERIDIAN ROCHESTER HOWE MERKEL ROCKDALE HUBBARD MEXIA ROGERS HUTCHINS MIDWAY ROSEBUD HUTTO MILES ROSS IMPACT MILFORD ROTAN IREDELL MILLSAP ROUND ROCK ITALY MOBILE CITY ROXTON ITASCA MOODY RULE JEWETT MORAN RUNAWAY BAY JOSEPHINE MORGAN SADLER JOSHUA MUENSTER SAINT JO KERENS MUNDAY SAN ANGELO KNOLLWOOD MURCHISON SAN SABA KNOX CITY NEVADA SANCTUARY KOSSE NEW CHAPEL HILL SANGER KURTEN NEWCASTLE SANTA ANNA LACY-LAKEVIEW NOLANVILLE SAVOY LADONIA NORMANGEE SCURRY LAKE DALLAS NOVICE SEYMOUR LAKEPORT OAK POINT SHADY SHORES LAMPASAS OAKWOOD SOMERVILLE LANCASTER O'BRIEN CO-OP GIN SOUTH MOUNTAIN LAVON OGLESBY SOUTHMAYD LAWN OLNEY STAR HARBOR LEANDER PALMER STOCKTON BEND LEONA PARADISE STRAWN LEONARD PECAN GAP STREETMAN LEXINGTON PENELOPE SUN VALLEY LINDSAY PFLUGERVILLE SUNNYVALE LIPAN PILOT POINT TALTY LITTLE RIVER ACADEMY PLEASANT VALLEY TAYLOR LLANO POINT TEAGUE LOMETA POST OAK BEND TEHUACANA LONE OAK POWELL THORNDALE LONGVIEW POYNOR THORNTON LORAINE PRINCETON THRALL LOTT PUTNAM THROCKMORTON LUEDERS QUANAH TIOGA MABANK QUINLAN TOCO EXHIBIT A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 10/01/2018 PAGE: 21 Cities with Rate Effective 4/01/2018 (Continued) TOM BEAN VALLEY VIEW WHITNEY TRENT VAN ALSTYNE WILMER TRENTON WALNUT SPRINGS WINDOM TRINIDAD WEINERT WINTERS TROY WEST WIXON VALLEY TUSCOLA WESTWORTH VILLAGE WOLFE CITY TYE WHITEHOUSE WORTHAM VALLEY MILLS WHITEWRIGHT YANTIS EXHIBIT A kN|D^TEXD|V|S|ON ATKUC}S ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 11/01/2018 PAGE: Provisions for Ad ustmen The Commodity Charge per CC/ (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter desoribed, which amount is referred to on the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April, The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Cofby the following formula: (HSFi x (NDD-ADO) ) VVNAF � R i i (8Li + (HSFi x ADD) ) vvneno i any particular Rate Schedule nr billing classification within any such particular Rate Schedule that contains more than one billing classification VVNAFi Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Cof Ri Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi heat sensitive factor for the ith schedule nr classification divided bythe average bill count in that class NDD billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD billing cycle actual heating degree days. B|i base load sales for the jth schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: VVN/\/ VVNAF/ x % Where qu is the relevant sales quantity for the jth customer in ith rate schedule. EXHI]BIT A M|D~TEXQK/|S|QN ATKUOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 11/01/2018 __::]:P:MGE-. Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heutuse Weather Station {)cf' {cf/}0}{} Ccf {cf8fD[/ Abilene 8.77 0.1201 98.33 0.5737 Austin 1038 0.1493 201.46 0.8942 Dallas 13.17 02002 183.71 1.0046 VVaon 9.26 0.1323 124.57 0.6398 Wichita 1162 0.1278 11497 0.5226 Falls Weather Normalization Adjustment (WNA) Report On nr before June 1 of each year, the company posts on izs ***bsiie utatnnooenergyonnlhnU+wne. in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed tu the Director of that Division, Exhibit B Pensions and Retiree Medical Benefits EXHIBIT B �°o vrnMti C N N M W V d E m v °o `V' 3 m jF Qm « a n d C ry N 0 0 O O !NO !NO m > > E O O (L N h � O iMfl V (NO (NO m 0 0 - - h �o co 0 o U nn dam `" M N ni g mL E y c m E U u O o 0 .- O my C M O M O M O W OJ d p m m E O C O O W M M > V " c m m > m V O U mt. a gN K a m OM N N O G m h O(Oi O 0 V m CL O 0 U O.- V •- -}O G a. m ' O f Q fA IA iA M F9 M c o N y U N = m o o m o N N a O O Cf O 1") N = � N m LO O IQ r h r >'U w E d m m M1� O h O (h M > m - WyW ov ho n m rn rn d c = m O N _ O F- m O y 0_ w W U E m U mW iN W 'O m W to t9 fA Ili N N OQ U' a�i 0 °vy m0 m 0 O o U U ? m m N o 0 o O Y 'O Y O m N O d W [/ ro O roh N N E w W Z N C ,p O h .- h� O m W C O U O Z W a d U NY Q di f9 t9 t9 eA N N dr K W o o QO N m m N Z C Y C Q O m x L O SE O m c Q «o m J O N U) O S y Z W m 0 y n m p m X G c CO CO M _m m U 0 O m O J N d U 9 mm `u4 -- Ug N v > m 0 S N M d o w = Q 3 "` c3U o wl c c � — m os 0 00 -0 a a m J « o a Vl m U✓1 U Q C % OI y QI O_> O O p m w + E c S VI U U T»0 .�- Q 0 w U o ° ro m E a w Q a w � ° m o U c E E + o U a c 4w0 w n x y o } °c} m x w o D v ° t U w m_ 'o E w m U) � g v w ogtl w K E g m LLQ E OE 4 U O F- 1- VO- FO- Z .- C z - N M V N ( h N m V N (D n W 01 O N N J Exhibit C Amortization of Regulatory Liability EXHIBIT C m o N M R d O r -,5' co co W V N V N m d 00 O h. �- tD O M (D •- CY W N CO O V' h. (D o t M h O N W N (O V CA M h N (O � � O V OJ M h �_ (O O V' CA M W N (O M h N (D LO O V' co M h N (O 6 O V' W M h N (D CO y y y M O W M O N O M O IX O M n W O N O h O N O h m _ CO h (D CO CO V' M N N , O O m W h. (D (O CO V' M CO N �- O O) R LO M 6) R Cb M M (O IT N O W CO V' N O N(O V N Z Y p N 0 'o M h (D CO V' N O O W (O 0 V M N O W M h CO V' M N a) f� �- O 'B u O E N N N N N N N N �-- •- �- •- •-- •- 'C-. ° N N m W Q > Q U) M J N x Z w Y m W W ^ N N N N N N N N N N N (V N N N N N N N N N N N N h W m O (O (O (O CO (O CO (O CO (D W (D (O (O O (O (O (D 00 (000 W (D .N c Co u� (D (n (D (n (D (D �n (n (n �n (O U� (D (n (n - - - - (D -p N W Q p LO U) ui (C) LO (r) Ur LO (ri (a C() u) (ci (ri ui ui u) u) u) W 0 0 h h h h h h h I`� h I`� h h f^` h h h- h h h h- h h h h M W j C N U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 Q CL N N N N N N N N N N N N N N N N N N N N N N N N W Q Y Q 0 00 Q Ix W W Q A O) M M M O CD CO CO M O r d (O CO M N O 0 h tO M N h m O M (D , V' CO N (O O V' h (D CO m M M O V (D N CO Z F- Q w V (A M h N CO �- CO Cd C ' N M h. �- CO O V' Cn M W N (D W d C M h N CO �- U7 O V' W M h N CO CO O M h N O > S 0 N y �" M (O CO M (D M O M S 00 O M CO OD O N � F O N LO h N R E = W h (D LO CO V' M N N O M M W h M CD CD IT M M O C14 0 F 07 m p 1 - CD C Cn a 0 ' O O VO (O VN Q w- N 2 W 0 C R Q v N N N N N N N O O W O - V - - O m W f�- (O V' M N •- c O .- a N N ca N m V) O E y 0 0 y O C M h CO , O N N M N N O h CO N O N M M M M M M M O G N N N N N N N N N N M M M M M M M M M M d' W p@ 0060008000000000600060600 N N N N N N N N N C C- d N N N N N N N N N N N N N N N N N N N N N N N N N (6 N d .0 N Y o f- Z CD M M O — N M cr CO O h W M O N M V CO (D h W M JZ I — — — — — — — — — N N N N N N N N N N MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Consider Ordinance No. 3544 amending Appendix A of the City of North Richland Hills Code of Ordinances and amending the fees charged under Sections 78-121 through 78-125, related to water and water meters, and Sections 78-141 through 78-147, related to sewer, and adding fees to Appendix A as established in Section 78-451 and Section 78-452 related to water wells. PRESENTER: Mark Mills, Director of Finance SUMMARY: Staff requests that City Council consider Ordinance No. 3544. This ordinance would amend Appendix A, Fee Schedule of the City's Code of Ordinances, with the following changes being effective on November 1, 2018: • an increase to the water base rates; • an increase to the water volumetric rates; • an increase to the sewer base rates; • conversion of sewer billing volumes from per 748 gallons to per 1,000 gallons; • including a fee, established by Section 78-451 Water Well Drilling Permit and Construction, in Appendix A; and • including a fee, established by Section 78-452 Abandoned and Inoperative Water Wells, in Appendix A. GENERAL DESCRIPTION: The City Council adopted the Fiscal Year 2018/2019 Operating Budget on Monday, September 10, 2018. Included in this budget was an increase to the base rates for both water and sewer. This is the first time base rates have been increased since 2013. In addition, water volumetric rates were also increased. This is the second increase to water volumetric rates since 2013. MRH Water Rates The City's water rates consist of two components: a base rate and a volumetric rate. The base rate is the monthly fee that customers pay to gain access to the city's water services. For the majority of customers, the base rate includes a minimum volume of water consumption, varying by meter size. Most residential customers have a three quarter inch (0.75") meter, which includes 2,000 gallons of water consumption as part of the base fee. The water base rates for Fiscal Year 2018/2019 included a 20% increase to all meter categories. For a residential three quarter inch (0.75") meter, the base rate will increase from $10.00 to $12.00; a $2.00 per month increase. The largest increase, $120 per month, would be experienced by customers with 8" meters; however, there are currently no active meters in that class. �a i^• m m p uu a NIEN111riall ^ i 11111 Residential - Single Family 0.75" $10.00 $12.00 $2.00 19,137 87.2% 1.00" $16.70 $20.00 $3.30 953 4.3% 1.50" $33.30 $40.00 $6.70 4 <1% 2.00" $53.30 $64.00 $10.70 17 <1% Apartment/ Trailer Park/ Multi Family / Commercial Multi Unit All Sizes 1 $10.00 $12.00 $2.00 664 3.00/6 Commercial / Industrial* 0.75" $10.00 $12.00 $2.00 470 2.1% 1.00" $16.70 $20.00 $3.30 295 1.3% 1.50" $33.30 $40.00 $6.70 35 0.2% 2.00" $53.30 $64.00 $10.70 350 1.6% 3.00" $100.00 $120.00 $20.00 6 <0.1% 4.00" $106.70 $128.00 1 $21.30 14 0.1 6.00" $333.30 $400.001 $66.70 1 <0.1% 8.00" $600.00 $720.001 $120.00 0 0% *-Excludes City meters and fire hydrant meters. The second component is the volumetric rate. This rate is paid by customers that exceed the minimum volume included in the base. Using the previous example of a three quarter inch (0.75") residential meter, a customer would pay the volumetric charge on their consumption once the base volume of 2,000 gallons was exceeded. Based on an analysis of the Utility Fund and water rates, it was determined that a 5% increase in the City's volumetric water rates was necessary. This adjustment will increase the Tier 1 volumetric rate by $0.22 per 1,000 gallons and the Tier 2 volumetric rate by $0.23 per 1,000 gallons. Irrigation and fire hydrant volumetric rates will also increase $0.23 per 1,000 gallons. Volumetric rates were last increased in 2017. As mentioned previously, this is the second increase to the City's volumetric water rates since 2013. MRH 011111,11 119 111, 0 w ill i M141111 Volumetric Tier 1 $4.43 $4.65 $0.22 Volumetric Tier 2 $4.51 $4.74 $0.23 Irrigation $4.55 $4.78 $0.23 Fire Hydrant $4.55 $4.78 $0.23 Sewer Rates Similar to water rates, sewer rates consist of two primary components; the base rate and the volumetric rate. The Fiscal Year 2018/2019 adopted budget included an increase in the sewer base rate from $8.39 to $9.00 for all categories. This is the first increase in the sewer base rate since 2013. There were no proposed changes to the sewer volumetric rate. IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIU °^ m Riau m ;. Residential $8.39 $9.00 $0.61 Multi-Family $8.39 $9.00 $0.61 Comm. / Industrial $8.39 $9.00 $0.61 Fire Hydrant $8.39 $9.00 $0.61 One additional modification is being requested. When the city converted its billing from cubic feet to gallons in 2018, Appendix A was update to convert each per 100 cubic feet rate to a per 1,000 gallon rate. When the sewer rates were changed, the volumetric rate was converted to 748 gallons; the equivalent of 100 cubic feet. Staff requests that the volumetric rate be converted from "per 748 gallons" to "per 1,000 gallons". This will adjust the rate from $1.54 to $2.06, however, this would result in no volumetric fee increase. Current Volumetric Rate - Per 748 Gallons $1.54 divided by 748 Gallons 748 Current Volumetric Rate - Per Gallon $0.00206 multiplied by 1,000 Gallons 1,000 Current Volumetric Rate - Per 1,000 Gallons $2.06 Pass Through Rates The city will also be adjusting the pass-through rates. The pass-through rates offset cost increases passed to the city from its wholesale water providers and sewer treatment providers: City of Fort Worth and Trinity River Authority. This is an annual adjustment based on projected provider cost increases and does not require specific Council action to implement. The pass-through increase for water is $0.08 per 1,000 gallons and $0.07 per 1,000 gallons for sewer. For the water and sewer pass through rates, all consumption is included in the calculation. MRH MIN m Water Pass Through $2.45 $2.53 $0.08 Sewer Pass Through $1.91 $1.98 $0.07 Customer Impact When water and sewer rate changes are implemented on November 1, 2018, each customer will see an impact to their monthly bill. To illustrate the potential impact to customers, an example is provided for a three quarter inch (0.75") residential meter, using 10,000 gallons. This example covers more than 87% of the active meters in North Richland Hills. The average consumption for a single-family residential customer is less than 10,000 gallons. The base fee for water includes a base level of consumption. In the case of a three quarter inch (0.75") single-family residential meter, the first 2,000 gallons of consumption is included. The remaining consumption is applied against the tiered rates. Sewer is billed based on consumption equal to the customers winter quarter average, determined using the customers consumption during December, January, and February and capped at 18,700 gallons. 1111112M.M.12 Ili m. Category Gallons Current Nov 1 Diff$ Diff % Rates Rates Base 2,000 $10.00 $12.00 $2.00 20.00% Volume Tier 1 8,000 $35.44 $37.20 $1.76 4.97% Pass Through 10,000 $24.50 $25.30 $0.80 3.27% Subtotal $69.94 $74.50 $4.56 6.52% Al Category Gallons Current Nov 1 Diff$ Diff % Rates Rates Base 0 $8.39 $9.00 $0.61 7.27% Volume Tier 1 5,310 $10.93 $10.93 $0.00 0.00% Pass Throu h 5,310 $10.14 $10.51 $0.37 3.65% Sub Total $29.46 $30.44 $0.98 3.32% Additional Items Section 78-451 (a) (6) of the North Richland Hills Code of Ordinances established a $50 application fee for water well drilling permits. Section 78-452 (2) established a $50 fee for plugging an abandoned and inoperative water well. Both of these sections reference Appendix A; however, Appendix A does not currently include the $50 fee associated with these sections. The ordinance as presented includes amendments to Appendix A to include these two fees. IqRH If approved, these changes become effective November 1, 2018. RECOMMENDATION: Approve Ordinance 3544, amending Appendix A, Fee Schedule of the City of North Richland Hills Code of Ordinances. ORDINANCE NO. 3544 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING APPENDIX A, OF THE NORTH RICHLAND HILLS CODE OF ORINANCES RELATED TO WATER, WATER METERS, AND SEWER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 552.017, Texas Local Government Code, provides that home rule municipalities may take necessary action to operate and maintain water systems and may require water customers to pay charges imposed for water furnished; and WHEREAS, staff analysis of rates and charges for water and sewer service has indicated a need to increase base rates and volumetric rates and charges; and WHEREAS, staff review and analysis indicated a need to include a $50 water well application fee, as established by Section 78-451, in Appendix A, Fee Schedule; and WHEREAS, staff review and analysis indicated a need to include a $50 water well plugging fee, as established by Section 78-452, in Appendix A, Fee Schedule; and WHEREAS, changes have been recommended by staff to the water base rate, water volumetric rates, and sewer base rates established by Chapter 78 of the Code of Ordinances and the City Council has concurred that such increases should be implemented; and WHEREAS, the North Richland Hills City Council now desires to modify certain fees as set forth in Appendix A, Fee Schedule. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The recitals set forth are found to be true and correct and are incorporated herein into this Ordinance. SECTION 2. That Appendix A, Fee Schedule, of the North Richland Hills Code of Ordinances be amended by amending the fees therein established by Section 78 to the water base rate, water volume rates, and sewer base rates set forth in Exhibit A, attached hereto and made a part of this Ordinance for all purposes. Ordinance No. 3544 Page 1 of 7 SECTION 3. That Appendix A, Fee Schedule, of the North Richland Hills Code of Ordinances be amended by including the fees therein established by Section 78-451 Water Well Drilling Permit and Construction set forth in Exhibit B, attached hereto and made a part of this Ordinance for all purposes. SECTION 4. That Appendix A, Fee Schedule, of the North Richland Hills Code of Ordinances be amended by including the fees therein established by Section 78-452 Abandoned and Inoperative Water Wells set forth in Exhibit B, attached hereto and made a part of this Ordinance for all purposes. SECTION 5. All other fees set forth in Appendix A not amended herein in this Ordinance remain unchanged and in full force and effect. SECTION 6. This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary is hereby directed to publish this Ordinance in accordance with applicable law. Ordinance No. 3544 Page 2 of 7 SECTION 10. This ordinance shall be in full force and effective November 1, 2018. PASSED AND APPROVED on this the 24th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Director of Finance Ordinance No. 3544 Page 3 of 7 EXHIBIT A CHAPTER 78. UTILITIES Section 78, 121 - 125 Water Rates Effective November 1 Residential - Single Family 2018 1. Three quarter- inch meter, minimum for 0-2,000 gallons $12.00 from 2,001 -22,440 gallons, per 1,000 gallons $4.65 from 22,441 and over gallons, per 1,000 gallons $4.74 2. One- inch meter, minimum for 0-3,340 gallons $20.00 from 3,341 -22,440 gallons per 1,000 gallons $4.65 from 22,441 and over gallons, per 1,000 gallons $4.74 3. One and one-half- inch meter, minimum for 0-6,650 gallons $40.00 from 6,651 -22,440 gallons, per 1,000 gallons $4.65 from 22,441 and over gallons, per 1,000 gallons $4.74 4. Two- inch meter, minimum for 0- 10,644 gallons $64.00 from 10,645-22,440 gallons, per 1,000 gallons $4.65 from 22,441 and over gallons, per 1,000 gallons $4.74 Apartment/Trailer Park/Multi Family 1. Per Unit minimum of 0-2,000 gallons...All meter sizes $12.00 from 2,001 -22,440 gallons, per 1,000 gallons $4.65 from 22,441 and over gallons, per 1,000 gallons $4.74 Commercial/Multi Unit 1. Per Unit minimum of 0-2,000 gallons...All meter sizes $12.00 from 2,001 -9,724 gallons, per 1,000 gallons $4.65 from 9,725 and over gallons, per 1,000 gallons $4.74 All other Commercial/Industrial Classes: 1. Three quarter- inch meter, minimum for 0-2,000 gallons $12.00 from 2,001 -9,724 gallons, per 1,000 gallons $4.65 from 9,725 and over gallons, per 1,000 gallons $4.74 2. One- inch meter, minimum for 0-3,340 gallons $20.00 from 3.341 -9,724 gallons, per 1,000 gallons $4.65 from 9,725 and over gallons, per 1,000 gallons $4.74 3. One and one-half- inch meter, minimum for 0-6,650 gallons $40.00 from 6,651 -9,724 gallons, per 1,000 gallons $4.65 from 9,725 and over gallons, per 1,000 gallons $4.74 Ordinance No. 3544 Page 4 of 7 4. Two- inch meter, minimum for 0- 10,644 gallons $64.00 from 10,645 and over gallons, per 1,000 gallons $4.74 5. Three- inch meter, minimum for 0- 19,971 gallons $120.00 from 19,972 and over gallons, per 1,000 gallons $4.74 6. Four- inch meter, minimum for 0-21,311 gallons $128.00 from 21,312 and over gallons, per 1,000 gallons $4.74 7. Six- inch meter, minimum for 0-66,565 gallons $400.00 from 66,566 and over gallons, per 1,000 gallons $4.74 8. Eight- inch meter, minimum for 0- 119,830 gallons $720.00 from 119,831 and over gallons, per 1,000 gallons $4.74 Irrigation - Sprinkler System, All Classes: 1. Three quarter- inch meter minimum $12.00 Volume rate for all usage, per 1,000 gallons $4.78 2. One- inch meter, minimum $20.00 Volume rate for all usage, per 1,000 gallons $4.78 3. One and one-half- inch meter, minimum $40.00 Volume rate for all usage, per 1,000 gallons $4.78 4. Two- inch meter, minimum $64.00 Volume rate for all usage, per 1,000 gallons $4.78 5. Three- inch meter, minimum $120.00 Volume rate for all usage, per 1,000 gallons $4.78 6. Four- inch meter, minimum $128.00 Volume rate for all usage, per 1,000 gallons $4.78 7. Six- inch meter, minimum $400.00 Volume rate for all usage, per 1,000 gallons $4.78 8. Six- inch meter, minimum $720.00 Volume rate for all usage, per 1,000 gallons $4.78 Fire Hydrant, loading dock or tank truck customers 1. Three- inch meter, minimum $120.00 Volume rate for all usage, per 1000 gallons $4.78 Ordinance No. 3544 Page 5 of 7 Section 78, 141 - 149 Sewer Rates Effective November 1 Residential - Single Family 2018 Minimum monthly service charge $9.00 Volume charge per 1,000 gallons $2.06 Volume base on winter quarter average capped at 18.700 Apartment/Trailer Park/Multi Family Monthly service charge $10.00 Minimum per unit monthly service charge $9.00 Volume charge per 1,000 gallons $2.06 Commercial/Multi Unit Minimum per unit monthly service charge $9.00 Volume charge per 1,000 gallons $2.06 All other Commercial/Industrial Classes: Minimum per unit monthly service charge $9.00 Volume charge per 1,000 gallons $2.06 Ordinance No. 3544 Page 6 of 7 EXHIBIT B CHAPTER 78. UTILITIES Section 78, 451 Water well drilling permit and construction Effective November 1 2018 Water well drilling application fee $50.00 Section 78, 452 Abandoned and inoperative water well Effective November 1 2018 Well plugging fee $50.00 Ordinance No. 3544 Page 7 of 7 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Consider Resolution No. 2018-028, appointing a member to the Animal Adoption & Rescue Center Advisory Committee. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The City Council is being asked to consider Resolution No. 2018-028, appointing a member to the Animal Adoption & Rescue Center Advisory Committee. GENERAL DESCRIPTION: Each year, the City Council appoints members of the public to serve on various boards, commissions and committees ('Boards"). Appointed members serve a two-year term, unless appointed to fulfill an unexpired term. These annual appointments coincide with City Council terms—Places 1, 3, 5 and 7 are appointed in odd-numbered years and Places 2, 4, 6 and mayoral appointments in even-numbered years. There are Boards that have unique requirements for membership. These include the Animal Adoption & Rescue Center Advisory Committee, Capital Improvement Advisory Committee, Civil Service Commission, Construction Code of Appeals Board, Gas Board of Appeals, Red Light Camera Advisory Committee and Youth Advisory Committee. The Animal Adoption & Rescue Center Advisory Committee is comprised of four members to include a licensed veterinarian (Place 1), city official (Place 2), animal control shelter employee (Place 3) and animal welfare organization representative (Place 4). City staff forwards recommendations for consideration by Council. Staff recommends the appointment of Jay Sabatucci to serve as the animal welfare organization representative. Mr. Sabatucci serves as the executive director with Texas Animal Control Association. RECOMMENDATION: Approve Resolution No. 2018-028. RESOLUTION NO. 2018-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING A MEMBER TO THE ANIMAL ADOPTION & RESCUE CENTER ADVISORY COMMITTEE; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members serve a two-year term, unless appointed to fulfill an unexpired term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 3, 5, and 7 being appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, City staff has recommended Jay Sabatucci serve as the animal welfare organization representative on the Animal Adoption & Rescue Center Advisory Committee, term expiring June 30, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. SECTION 2. The following member has been submitted for nomination and approved by majority of the City Council to serve on the Animal Adoption & Rescue Center Advisory Committee. Animal Adoption and Rescue Center Advisory Committee Jay Sabatucci Animal Welfare Organization Term expiring June 30, 2020 PASSED AND APPROVED on this this the 24th day of September, 2018. Resolution No. 2018-028 Page 1 of 2 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Resolution No. 2018-028 Page 2 of 2 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Approve an interlocal agreement with the City of Fort Worth for Prisoner Detention Services and authorize the City Manager to execute the agreement PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: The purpose of this item is to seek approval of an interlocal agreement with the City of Fort Worth (Fort Worth) to house prisoners that have been arrested on non-Fort Worth class C misdemeanor warrant(s). The contract will be a one (1) year agreement beginning on October 1, 2018 and ending on September 30, 2019, with the option to renew for up to four (4) additional one year periods. The City of Fort Worth will pay North Richland Hills (NRH) a per prisoner, per day rate, at an annual amount not to exceed $200,000. GENERAL DESCRIPTION: The city proposes to enter into an interlocal agreement with the City of Fort Worth to house certain prisoners arrested by the Fort Worth Police Department. Recently, the Tarrant County Sheriff's Office made a change in its procedures for transporting prisoners to the Tarrant County Jail. This change altered the agreement between the City of Fort Worth and the Mansfield Detention Center, and necessitated that they end their agreement. This created the need for this contract between the City of North Richland Hills and the City of Fort Worth. Under this Agreement, NRH will house only the following prisoners: (1) persons arrested by the Fort Worth Police Department for Class C misdemeanor warrants that are from a city other than the City of Fort Worth, and (2) prisoners that are committed by a Fort Worth municipal judge to confinement for a short period of time. During the first (1) year of the contract the yearly pricing will be approximately $68.82 per prisoner per day. The contract may be renewed for up to four (4) additional one year periods, subject to pricing agreements and budget approval. The contract price may increase if the costs to the city to house a prisoner increase. Renewals will be from October 1 to September 30 of the following year. As long as the terms and conditions of the agreement do not change, and the funds are budgeted in the renewal year, the agreement will not require additional City Council approval for the renewal. MRH RECOMMENDATION: Approve an interlocal agreement with the City of Fort Worth for Prisoner Detention Services and authorize the City Manager to execute the agreement. INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY OF NORTH RICHLAND HILLS FOR DETENTION SERVICES THIS AGREEMENT ("Agreement") is made by and entered into by and between the City of Fort Worth ("Fort Wort "), a home rule municipal corporation of the State of Texas, and the City of North Richland Hills, a home rule municipal corporation of the State of Texas ("NRH"). Fort Worth and NRH are each herein individually referred to as a "party" and collectively as the "parties." RECITALS: WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes local governments within the State of Texas to contract with one another for the purpose of providing various governmental functions and the delivery of various governmental services, including detention services; and WHEREAS,NRH is the operator of the North Richland Hills Joint Detention Facility, which is a shared holding facility for the Cities of Watauga, Haltom City, Richland Hills, and NRH, and is located at 4301 City Point Drive, North Richland Hills, TX 76180 ("Detention Facility") WHEREAS, Fort Worth and NRH have agreed that NRH shall provide detention services to Fort Worth as set forth in this Agreement. NOW THEREFORE, for the mutual consideration herein stated, Fort Worth and NRH agree as follows: Section 1. Definitions 1.1 Arrested Person. Arrested person means any person arrested by an agent of Fort Worth but not yet detained in the Detention Facility. 1.2 Book-In. Book-In means the intake process by which Prisoners are received for confinement. 1.3 Book-In Form. Book-In Form means the sheet that is completed at time of Book-In containing all personal information of Arrested Person, criminal charges against Arrested Person, and the required mental health and medical information. 1.4 Class C Committal. Class C Committal means a Fort Worth Prisoner charged with Class C misdemeanor offense(s) who has been ordered by a Fort Worth municipal judge to serve short term jail time. 1.5 Fort Worth Contractor. Fort Worth Contractor shall mean the entity with which Fort Worth contracts for services related to Book-ln of Prisoners at 350 Belknap, Fort Worth, Texas, and the transport of Prisoners to and from the Detention Facility. Fort Worth-NRH Detention Services Page 1 of 15 1.6 Detention Facility. Detention Facility shall have the meaning asset forth in the second Whereas clause above. 1.7 Division Captain. Division Captain means the Fort Worth Police Department Community Programs Division Commander. 1.8 FWPD. FWPD means the Fort Worth Police Department and its personnel. 1.9 Jail Administrator. Jail Administrator means the NRH employee who serves as the Detention Facility Jail Administrator. 1.10 Magistration. Magistration means the performance of that duty by a Texas magistrate to inform a prisoner of the charges he or she is accused of, his or her rights under the laws of Texas and the United States,determine probable cause for the arrest,review arrest affidavits and search warrants, set the amount of bail for each charge, issue protective orders and all other matters authorized by law. 1.11 Non-Fort Worth Class C Warrant. A Non-Fort Worth Class C Warrant means a warrant issued for an offense that occurred outside the city limits of Fort Worth or for which the City of Fort Worth does not have original jurisdiction. 1.12 Prisoner. Prisoner means (i) any Class C Committal or (ii) any prisoner arrested by an agent of Fort Worth and charged with a Non-Fort Worth Class C warrant(s). 1.13 PC Determination. PC Determination means the detennination by a Texas magistrate of probable cause for the arrest. 1.14 Prisoner Day. Prisoner Day means a 24-hour period beginning from the time of intake by NRH. 1.15 Shared Services Agency. Shared Services Agency shall mean NRH, City of Watauga, City of Richland Hills, or City of Haltom City. 1.16 Daily Housing Rate. The daily housing rate shall be per Prisoner, per each Prisoner Day shall be paid in accordance with the Fee Schedule attached as Exhibit"A". Section 2. Term and Payment 2.1 Term. This Agreement shall be for a term of one year ("Initial Term"), commencing on October 1, 2018 and ending on September 30, 2019. Unless terminated earlier in accordance with Section 7.1 herein, or unless extended by mutual written agreement of the parties, this Agreement shall automatically renew for four consecutive terms of one year each following the Initial Term (each a"Renewal Term"). 2.2 Pavment by Fort Worth. Fort Worth shall pay NRH the Daily Housing Rate, in an approximate annual amount not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00). NRH shall invoice Fort Worth on a quarterly basis with the detail supporting the amount of the invoice. Fort Worth Fort Worth-NRH Detention Services Page 2 of 15 shall pay the invoice within thirty (30) days of receipt. Pursuant to Texas Government Code Section 791.011, NRH acknowledges that the payment by Fort Worth set forth herein fairly compensates NRH for the services and functions performed under the contract. Section 3. Detention Processing and Services 3.1 Book-In of Arrested Persons. 3.1.1 Detention services shall be provided for Prisoners who are arrested on Non-Fort Worth Class C Warrants and for Prisoners that are committed by a Fort Worth municipal judge to confinement for a short period of time. Fort Worth shall confirm any other agency warrants,Book- In the Arrested Person, and perform PC Determination prior to transfer to the Detention Facility. 3.1.2 For Arrested Persons who are charged with Non-Fort Worth Class C Warrants,Fort Worth will notify the confirming agency from which the warrants originated that the Arrested Person will be transferred, detained, and housed at the Detention Facility, providing the mnemonic address "NRAA" and`NRAK' for future notifications between the Detention Facility and the confirming agency. 3.1.3 Added Charges. 3.1.3.1 If a Shared Services Agency adds a Class B or above charge(s) to the Prisoner after the Prisoner is accepted into the custody of NRH in the Detention Facility,NRH shall Book In the Prisoner and the Prisoner shall become a Shared Services Agency prisoner, shall cease to be a Fort Worth Prisoner, and the Daily Housing Rate shall not apply from the time of NRH book-in. 3.1.3.2 If an agency that is not a Shared Services Agency adds a Class B or above charge(s) to the Prisoner after the Prisoner is accepted into the custody of NRH in the Detention Facility, that agency must make arrangements to transport the Prisoner to their facility or a direct transport to a county jail within 24 hours of adding the charge, and NRH shall send Fort Worth a notification of release through teletype if the Prisoner is not picked up within 24 hours, the Prisoner will be granted a personal recognizance bond with instructions that the Prisoner"must appear to that court within 10 days of release" by the North Richland Hills Municipal Judge. The Prisoner will be provided a copy of the bond, the bond will be mailed to that agency, and a teletype will be sent to that agency advising of the release. 3.2 Acceptance of Prisoners. 3.2.1 NRH shall accept Prisoners anytime except during the hours from 6:30anr to 12pm ("Restricted Hours") daily. NRH and Fort Worth shall mutually agree on a drop off time outside of the Restricted Hours, provided that the Prisoners have been Booked-In by Fort Worth and PC Determination has been performed prior to transfer. Fort Worth must call the NRH Detention Facility in advance of transport to the Detention Facility and report (i) estimated time of arrival at the Detention Facility, (ii)number of Arrested Persons, and(iii) gender of Arrested Persons. Upon receipt of the report in the advance transport call, NRH shall prepare for the required Prisoner Fort Worth-NRH Detention Services Page 3 of 15 searches and dress outs. NRH, in consultation with Fort Worth, reserves the right to modify the drop off time in the event the Restricted Hours or agreed upon drop off time is interrupting or negatively impacting NRH Detention Facility operations. 3.2.2 Fort Worth shall provide the Book-In Form and orders for commitment executed by the City's municipal court judge for each Arrested Person upon arrival at the Detention Facility and NRH shall complete the necessary NRH intake forms, including the NRH medical form and the NRH property form. 3.2.3 Fort Worth's transporter shall stay until all Prisoners have been searched and the NRH intake forms completed. 3.2.4 NRH will accept only minimal personal property for Prisoners, with the general rule being that the property must be of the size that fits on the Prisoner's person or in the Prisoner's pockets. Fort Worth shall place any Prisoner's personal property that measures larger than the property storage system utilized by NRH in the Fort Worth Police Property Room. 3.2.5 If the Arrested Person is intoxicated, sick, injured,or is showing signs of mental incapacity, NRH shall have the right to refuse the Prisoner entry into the Detention Facility. 3.3 Housing, Custody, and Care of Prisoners. 3.3.1 NRH agrees to accept full responsibility for the custodial care of all Prisoners. NRH shall provide for the secure custody, care and safekeeping of Prisoners,in accordance with Texas Police Chiefs Association (TPCA) best practices and state and local law. NRH shall provide all necessary Prisoner restraint devices,Prisoner temporary clothing,property control items, and other such related equipment required for the Detention Facility. NRH shall provide the necessary detention officers and other employees to properly supervise and operate the Detention Facility. NRH will not provide for Magistration, arraignment, or intoxilyzer operation services. 3.3.2 NRH shall be solely responsible for all control, techniques, sequences, procedures, means, and for the coordination of the Detention Facility and all work performed under the terms and conditions of this Agreement in regard to the holding and incarceration of all Prisoners accepted into custody by NRH at the Detention Facility. 3.3.3 The actual searching and detention of all Prisoners at the Detention Facility is the primary responsibility of NRH; however, this does not preclude Fort Worth from assisting with combative or resisting persons. 3.3.4 Intentionally Deleted. 3.3.5 NRH shall maintain a log and other applicable record of all significant events related to Prisoners. NRH and Fort Worth shall each have the right to investigate all in-custody deaths and Critical Police Incidents (as defined by FWPD General Orders) which occur during detention by NRH. Fort Worth-NRH Detention Services Page 4 of 15 3.3.6 NRH shall provide language translators at the Detention Facility when necessary to communicate commands or instructions during incarceration. This does not preclude Fort Worth from using qualified personnel to assist with language translations. 3.3.7 NRH shall make available to Fort Worth, upon Fort Worth's request, a Prisoner for interview, interrogation, or other legal purposes, in accordance with reasonable regulations established by NRH. 3.3.8 It is the understanding of the parties that the expected daily average for Prisoners is approximately five per day, though in special instances the daily average may be exceeded. Fort Worth shall notify NRH in advance of any special events that Fort Worth anticipates may result in a larger number of Prisoners than the daily average. If the Detention Facility is full and NRH cannot accept more Prisoners, NRH shall notify Fort Worth jail sergeant as soon as practicable. 3.4 Bonding Services. NRH shall provide bonding services, other than Magistrate services related to bonding, at the Detention Facility. Transfer of bond payments shall be made by either one of the following methods: (1) in accordance with the GovPayNet system through the North Central Texas Council of Governments (NCTCOG) Interlocal Agreement for shared services for electronic warrant payments, attached hereto as Exhibit "C"; or (2) in accordance with the procedures for handling misdemeanor and felony warrants as set forth in the Standard Operating Procedures, as amended,for the North Central Texas Crime Information Center (NCTCIC), Section: Misdemeanor and Felony Warrants, Parts C(6), D, E, F, and H, with NRH acting as the "apprehending agency" as set forth therein, a copy of which is attached hereto as Exhibit"D." 3.5 Prisoner Reports. NRH shall provide Fort Worth a daily listing of all Prisoners in custody at the Detention Facility including their names, reason for detention,the number of hours each Prisoner has been confined at the Detention Facility and a running total of Prisoner Days for the current contract term. 3.6 Medical Services. 3.6.1 NRH shall provide routine medical services to all Prisoners housed at the Detention Facility. Routine medical services include (i) those services authorized by law to be provided by on-site staff; (ii) provision of non-prescription medicines and commonly available medical supplies; and (iii) provision of prescription medications provided that the medicine has the Prisoner's name on the prescription label and the prescription is not expired. 3.6.2 In-custody transportation for emergency medical treatment will only be provided for Prisoners who are classified as Class C Committals. if a Prisoner who is being detained for a Non- Fort Worth Class C Warrant requires emergency medical treatment, that Prisoner will be released by NRH and the original agency will be notified to reactivate the warrant. Should the need arise for an in-custody transportation of emergency medical treatment of a Prisoner who is classified as a Class C Committal, an NRH police officer shall provide security for up to a maximum of two hours until a Fort Worth police officer can respond to the medical facility to assume custody. FWPD will provide a single point of contact number for NRH to call for a FWPD unit to respond. FWPD will prioritize the call to ensure as rapid response as possible given existing workload. Fort Worth-NRH Detention Services Page 5 of 15 NRH shall send notice of the medical transport via teletype message to the outside agency from which the Prisoner's warrant originated, if applicable. 3.7 Release Functions. 3.7.1 Fort Worth shall be responsible for the computation and processing of a Prisoner's time of confinement, including but not limited to computation of good time awards, credit and discharge dates. It shall be the responsibility of Fort Worth to notify NRH of any discharge date for Prisoners. 3.7.2 NRH will perform all release functions and will release all Prisoners as soon as practicable when such release is requested in writing from a magistrate, the Fort Worth Chief of Police or designee, or otherwise authorized by law. The request for release shall be accomplished utilizing the form agreed-upon by NRH and Fort Worth. 3.7.3 NRH shall provide all required documents and information, as required by statute or directive,to all Prisoners who are released or bonded. NRH shall make the notifications for release of fancily violence offenders required by Article 42.21 of the Texas Code of Criminal Procedure, and any other release notifications as required by law, and return the completed notification form to Fort Worth. 3.7.4 A Class C Committal who has served less than the time required under the commitment order shall be allowed to pay in full the remaining dollar amount on the commitment order, upon approval of a magistrate, and NRH shall release the Class C Committal upon receipt of said payment. Payment shall be processed in the manner set forth in Section 3.4 of this Agreement. 3.8 Detention Facility Maintenance. NRH shall be responsible for maintenance and repairs at Detention Facility. NRH shall maintain all areas designated as "public access" at the Detention Facility at a clean and safe condition. The Detention Facility shall also comply with NRH's City Code, and all State and Federal regulations and standards. 3.9 Prisoner Testing. NRH agrees that if a Fort Worth employee or contractor experiences an exposure to a blood-borne pathogen and the source is under the control and custody of Detention Facility, NRH shall allow the Fort Worth Fire Department's EMS personnel to enter the Detention Facility to seek the necessary consent and draw the blood sample to deliver to a Fort Worth-designated lab for testing. The lab costs of testing a source that exposes a Fort Worth employee or contractor to an infectious disease shall be the responsibility of Fort Worth. 3.10 Staff Training. NRH agrees that it will train all staff members on the operations and procedures related to the handling of Arrested Persons and the Property at the Detention Facility. NRH agrees to provide notice to staff, and training when necessary, of new policies/practices related to this Agreement within thirty(30) days of the effective date of the change. 3.11 Fort Worth Contractor. Fort Worth may use the Fort Worth Contractor to perform its duties under this Agreement. Fort Worth-NRH Detention Services Page 6 of 15 Section 4. Responsibility for Losses 4.1 Non-Liability for Acts of Other Party. Fort Worth,its officers and employees, shall not be liable for any claims, damages, and attorney fees arising from the negligent or illegal acts of NRH, its officers or employees in relation to the performance of this Agreement or the condition of real or personal property controlled by NRH. NRH, its officers and employees, shall not be liable for any claims, damages and attorney fees arising from the negligent or illegal acts of Fort Worth, its officers or employees in relation to the performance of this agreement or the condition of real or personal property controlled by Fort Worth. 4.2 Comparative Responsibility. If both Fort Worth and NRH are found to be liable for any claims, damages or attorney fees arising from the negligent or illegal acts of NRH and Fort Worth employees under this Agreement, NRH and Fort Worth shall be liable for the portion of the claims, damages and attorney's fees that arise from the negligent or illegal acts of that party as determined by the court adjudicating the matter or as agreed in any settlement. 4.3 Workers Compensation. If any Fort Worth officer or employee suffers any loss while performing duties contemplated by this Agreement, Fort Worth shall be at risk for the liability for the loss under its workers compensation insurance. If any NRH officer or employee suffers any loss while performing duties contemplated by this Agreement, NRH shall beat risk for the liability for the loss under its workers compensation insurance. Section 5. Performance Standards and Standard Operating Procedures 5.1 Standard Operating Procedures. The parties agree to adhere to the NRH Standard Operating Procedures for jail operations. A copy of which shall be provided to Fort Worth upon request. 5.2 Compliance Report. The Jail Administrator and the Fort Worth Police Department Division Captain(or their designees) shall jointly complete a regular bi-annual physical inspection of the Detention Facility. However, Fort Worth may request and be granted access for an inspection more frequently than bi-annually. A bi-annual report concerning compliance with all Performance Standards listed in Exhibit "B" to this Agreement shall be jointly developed before the 151h day of the months of April and October. The report shall be provided to the Chiefs of Police of Fort Worth and NRH. Section 6. Notice 6.1 In General. Notice to either party shall be in writing, and may be hand-delivered, or sent postage- paid by certified or registered mail, return receipt requested. Notice shall be deemed effective if sent to the parties and addresses designated herein, upon receipt in case of hand delivery, and three (3) days after deposit in the U.S. Mail in case of mailing. 6.2 To Fort Worth. The address for Fort Worth for all purposes of this Agreement and for all notices hereunder shall be: City Manager Fort Worth-NRH Detention Services Page 7 of 15 City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 With a copy to: Chief of Police Fort Worth Police Department 505 W. Felix Street Fort Worth, Texas 76115 And a copy to: City Attorney City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 6.3 To NRH. The address for NRH for all purposes under this Agreement and for all notices hereunder shall be: Mark Hindman City Manager City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 With copies to the following at the same address: Maleshia McGinnis City Attorney Jimmy Perdue Chief of Police NRHPD Section 7. Termination 7.1 Termination. This Agreement shall terminate on the earlier of the occurrence of any one of the following events, unless otherwise agreed to in writing by both parties: (a) September 30, 2019, unless extended by agreement of the parties; (b) Either party may terminate this Agreement for convenience upon ninety (90) days written notice to the other party; Fort Worth-NRH Detention Services Page 8 of 15 (c) The happening of any event that renders performance hereunder by NRH impracticable or impossible, such as severe damage to or destruction of the Detention Facility, or actions by governmental or judicial entities which create a legal barrier to the acceptance of any Arrested Person or Prisoner; or (d) A breach of this Agreement by Fort Worth,provided that it shall be a condition precedent to NRH's right to terminate for "cause" pursuant to this Section 7.1(d) that (i) NRH shall first have given Fort Worth written notice stating with specificity the breach and(ii)if such breach is susceptible of cure or remedy, a period of thirty(30)days from and after the giving of such notice shall have elapsed without Fort Worth having effectively cured or remedied such breach during such 30-day period, unless such breach cannot be cured or remedied within thirty (30) days, in which case the period for remedy or cure shall be extended for a reasonable time(not to exceed an additional thirty (30) days provided Fort Worth has made and continues to make a diligent effort to effect such a remedy or cure. if the breach under this Section 7.1(d) is not susceptible of cure or remedy, or if Fort Worth does not cure in accordance with this Section, NRH and Fort Worth may mutually agree to extend the time for cure; however, NRH would be under no obligation to extend the time for cure and may, in its sole discretion, terminate this Agreement by giving sixty (60) days' written notice to Fort Worth. The parties agree that this notice of termination is given in consideration of Fort Worth's need for time to find an alternative jail arrangement for its municipal jail in the event of a termination by NRH pursuant to this Section. (e) A breach of this Agreement by NRH, provided that it shall be a condition precedent to Fort Worth's right to terminate for"cause" pursuant to this Section 7.1(e) that(i)Fort Worth shall first have given NRH written notice stating with specificity the breach and(ii)if such breach is susceptible of cure or remedy, a period of thirty(30)days from and after the giving of such notice shall have elapsed without NRH having effectively cured or remedied such breach during such 30-day period,unless such breach cannot be cured or remedied within thirty(30) days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty(30) days provided NRH has made and continues to make a diligent effort to effect such a remedy or cure. If the breach under this Section 7.1(e) is not susceptible of cure or remedy, or if NRH does not cure in accordance with this Section, Fort Worth may terminate this Agreement immediately by giving written notice to NRH. 7.2 Prorated Compensation. In the event of a termination,NRH shall be compensated for all services performed to the termination date. Should NRH be overcompensated for all services performed up to termination date, Fort Worth shall be reimbursed for all such overcompensation within 30 days after termination. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. Section 8. Miscellaneous Provisions 8.1 Amendments. This Agreement shall not be modified or amended except by a written instrument executed by the duly authorized representatives of both parties. Fort Worth-NRH Detention Services Page 9 of 15 8.2 Billing. For all amounts owed under this Agreement other than the regular quarterly payments, NRH shall submit an itemized invoice for the services provided each quarter to Fort Worth. Invoices will be submitted to the following by mail, facsimile transmission, or personal hand-delivery: Fort Worth Chief of Police Fort Worth Police Department 505 W. Felix Street Fort Worth, Texas 76115 Fort Worth shall make payment to NRH within thirty(30) days after receipt of invoice. Payment shall be remitted to: Mark Mills Director of Finance City of NRH 4301 City Point Drive North Richland Hills, Texas 76180 Amounts that are not timely paid in accordance with the above procedure shall bear interest at the lesser of the annual percentage rate of ten percent (10%) or the maximum legal rate applicable thereto, which shall be a contractual obligation of Fort Worth under this Agreement. 8.3 Partv Communication. The Jail Administrator and Division Captain shall act as the departmental liaisons in matters concerning the Agreement. This does not preclude the Fort Worth Jail Lieutenant and Detention Facility personnel from communicating and addressing operational issues as they arise. 8.4 Prior Agreements. This Agreement contains all of the Agreements and undertakings, either oral or written, of the parties with respect to any matter mentioned herein. No prior Agreement or understanding pertaining to any such matter shall be effective. 8.5 Choice of Law and Venue. The law which shall govern this Agreement is the law of the State of Texas. All consideration to be paid and matters to be performed under this Agreement are payable and to be performed in Tarrant County, Texas, and venue of any dispute or matter arising under this Agreement shall lie in the District Court of Tarrant County, Texas. 8.6 Funding Sources. In accordance with the Interlocal Cooperation Act, all amounts due under the Agreement are to be paid from the then-current revenues of each party, in the year that services are rendered. 8.7 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 8.8 Binding Nature of Agreement. This Agreement is contractual and is binding upon the parties hereto. Fort Worth-NRH Detention Services Page 10 of 15 8.9 Force Maicure. If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a relevant alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 8.10 Severability. In the event that any portion this Agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 8.11 Independent Contractor. NRH, its agents, officers, and employees are associated with Fort Worth only for the purposes and to the extent set forth in this Agreement. With respect to the performance of the services provided by NRH herein, NRH is and shall be an independent contractor and subject to the terms of this Agreement shall have the sole right to manage, control, operate, and direct the performance of the details of its duties under this Agreement. NRH, its agent, officers, and employees shall not be considered agents or employees of Fort Worth, but shall at all times act as an independent contractor. Likewise, Fort Worth, its officers, employees, and agents are associated with NRH only for the purposes and to the extent set forth within this Agreement. With respect to any duties required of Fort Worth set out herewith, Fort Worth is, and shall be an independent contractor and subject to the terns of this Agreement shall have the sole right to manage, control, operate and direct the performance of the details of its duties under this Agreement. Fort Worth, its agents, and employees shall not be considered agents or employees of NRH, but at all times act as an independent contractor. 8.12 Fiscal Funding Limitation. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract by a party, then that party will immediately notify the other party of such occurrence and this contract shall be terminated on the last day, of the fiscal period for which appropriations were received without penalty or expense to the terminating party of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. 8.13 Right to Audit. The parties agree that, until the expiration of three (3) years after final payment under this Agreement, each party shall have access to and the right to examine any directly pertinent books, documents, papers and records involving transactions relating to this Agreement to determine compliance herewith. The parties agree that the party requesting the audit shall have access during normal working hours to all necessary facilities of the other party and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this Section. The party requesting the audit shall give not less than ten (10) business days advance written notice of intended audits. 8.14 Defenses or Immunities. By entering into this Agreement, neither Fort Worth nor NRH waives any defenses or immunities, which may be extended to it by operation of law, including sovereign immunity and any limitation on the amount of damages. Fort Worth-NRH Detention Services Page 11 of 15 8.15 Authoritv. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each parry hereby certifies to the other that any necessary resolutions extending said authority have been passed and are now in full force and effect. Executed in multiple originals on this the day of 2018. CITY OF NORTH RICHLAND CITY OF FORT WORTH HILLS Mark Hindman Jesus J. Chapa, City Manager Assistant City Manager City of North Richland Hills City of Fort Worth Date: Date: Attest: Attest: Alicia Richardson, City Secretary City Secretary City of North Richland Hills City of Fort Worth APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Leann D. Guzman, Sr. Asst. City Attorney City of North Richland Hills City of Fort Worth Jimmy Perdue Joel Fitzgerald Chief of Police Chief of Police City of North Richland Hills City of Fort Worth Fort Worth-NRH Detention Services Page 12 of 15 EXHIBIT "A" ESTIMATED FEE SCHEDULE Detention Facility services daily cost per bed shall be calculated annually in accordance with NRH's fiscal year Police Department operating budgeted amount for the Detention Facility adjusted annual ly to include budgeted increases in operating costs, and capital costs to expand, operate, modify or upgrade the existing jail and intake facilities used by Fort Worth pursuant to this Agreement as anticipated to be approved by the NRH City Council during the annual budgeting process for the upcoming fiscal year beginning October 1, Each annual payment for the Administrative Charge shall be based on the Estimated Costs described below, adjusted annually, based on NRH's respective departmental costs anticipated to be approved by the NRH City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1. NRH shall notify Fort Worth of the anticipated costs of the Detention Facility services, dispatching, general and administrative charges by May 30`" of each fiscal year for budgeting and planning purposes. The final costs will be determined and communicated in writing when the NRH City Council adopts the annual budget, but shall not exceed the estimate by more than 5%. The annual cost increase for Fort Worth for Detention Facility services, and administrative costs shall not exceed the percentage increase of the NRH Police Department's annual operating budget. Estimated Costs Detention budget $1,717,916 Admin charge $38,000 System admin $0 Total $1,755,916 #of beds 72 Annual cost per bed $24,387.72 Daily cost per bed $66.82 Prisoners per day 5 Prisoners per week 35 Add'I prisoners per week 5 Total prisoners per week 40 Fort Worth-NRH Detention Services Page 13 of 15 Days per year 365 Holidays per year 10 Net days 355 Net weeks per year 51 Round down 50 Total prisoners per week 40 Weeks per year(net) 50 Total 2,000 Annual prisoner beds 2,000 Cost per bed $66.82 Annual revenue $133,631.35 Prisoners per month w/multi-night 3 Estimated add'I nights 3 Total per month 9 Annual total 108 Daily cost per bed $66.82 Annual revenue for add'I days $7,216.09 Total Revenue $140,847.45 Fort Worth-NRH Detention Services Page 14 of 15 EXHIBIT `B" Section 1 Performance Standards— City of NRH 1.1 Acceptine Prisoners. Coordination will be made between the FWPD jail personnel (or the Fort Worth Contractor) and NRH personnel in order to facilitate the transfer of prisoners from the Fort Worth City Jail to the NRH Detention Center. Should NRH indicate that they are currently unable to accept prisoners transferred from the Fort Worth City jail, NRH personnel shall indicate an alternate time when they will accept custody of prisoners being transferred,not to exceed a time of more than six hours from the initial request for transfer. 1.2 Prisoner Complaints. NRH shall investigate all prisoner complaints concerning abuse, mistreatment, or stolen property against their personnel at the Detention Facility in accordance with NRH standard operating procedures. NRH shall notify the FWPD Jail Sergeant or Division Captain of all complaints and provide a copy of the completed investigation report to the Fort Worth Division Captain. Section 2. Performance Standards— City of Fort Worth 2.1 Medical Care. Before presenting Arrested Persons to NRH at the Detention Facility, Fort Worth shall transport persons for medical care who are in obvious need of treatment or persons whom Fort Worth should reasonably determine, through circumstances of the arrest or known circumstances prior to the arrest, require medical treatment. 2.2 Contraband/Weapons. Fort Worth shall thoroughly search all Arrested Persons, any bag, purse or other container, removing all weapons and contraband that should have been reasonably located. Three or more incidents per month of leaving weapons or contraband in locations the officer should reasonably have searched shall constitute a failure to comply with this Standard. This Standard shall not apply to any contraband located inside articles of underclothing, inside socks or in any location a routine search would not reasonably be expected to have resulted in the discovery of the contraband. 2.3 Arrest Documents. At the time of arrival at the Detention Facility, FWPD shall present all necessary arrest documents to NRH. Prisoners that are not presented with the necessary documents at the time of transport shall not be accepted. Fort Worth-NRH Detention Services Page 15 of 15 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 24, 2018 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: The NRH Animal Adoption & Rescue Center invites you to their annual Doggie Beach Bash at NRH2O Family Water Park this Saturday, September 29. Admission is $20 per person including up to two dogs, with proceeds benefiting the animal shelter. Visit our website to buy tickets and get more information. Join us this Saturday, September 29, to celebrate the reopening of Northfield Park. A ribbon cutting for the renovated park will be held at 10 a.m. Please contact the Parks Department for more information. Grab a book for a bargain at the Library's annual book sale! There will be something for everyone including adult and children's fiction, non-fiction, audio books, CDs, DVDs, and more. The sale will be held Friday, October 5 through Monday, October 8. You can find complete details on the library's website. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Robert Alt in Information Technology — The director of the NRH Library sent a note of appreciation to Robert and the IT Department for replacing the library's public computers. She was impressed with how Robert completed the job so quickly and with absolutely no interruption to library services. She said the new computers will be a huge benefit to library users and will reduce stress for staff. She and the library staff are very grateful.