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Home My WebLink AboutCC 2020-05-11 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, MAY 11, 2020 In compliance with the Texas Open Meetings Act and in accordance with Section 418.016 of the Texas Government Code and such action issued by the Governor of Texas on March 16, 2020, the North Richland Hills City Council will conduct its regular meeting via video conference. The meeting will be conducted by video conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There will be no public access to the City Hall location described above. Video conference link: https://acecioud.webex.com/acecioud/onstage/g.php? MTID=e0e687e71ebf42715eec09d49c00700b1 Password: nrhtx051120 The live steaming video of the meeting is available at the City's website (nrhtx.legistar.com or nrhtx.com/video) and cable channels — Charter Cable Channel 190 and AT&T U-Verse Channel 99. The public may participate during Citizen Presentation, Public Comments and Public Hearings. The public shall provide written comments on specific agenda items by completing a comment card and emailing it to publiccomments@nrhtx.com. Comment cards will be accepted until 5:00 p.m. the day of the meeting. You will have the option to submit a comment or request to speak. You will be required to provide your name, address, telephone number and the nature of your request. At the appropriate time during the video conference, you will be placed on speaker phone and will have three minutes to address the City Council. Monday, May 11, 2020 City Council Agenda Page 1 of 4 CITY COUNCIL RULES FOR SPEAKING AT CITY COUNCIL MEETING AND COMMENT CARD CAN BE FOUND ONLINE AT www.nrhtx.com/1106/speaking-at-a-council-meeting. REGULAR MEETING: 6:00 p.m. A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER BENTON A.2 PLEDGE - COUNCIL MEMBER BENTON 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 City Council during citizens presentation, a Public Meeting Appearance Card must be completed and emailed to the City Secretary no later than 5:00 p.m. prior to the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and emailed to the City Secretary no later than 5:00 p.m. prior to the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the regular April 27, 2020 City Council meeting. B.2 RP 2020-04 Consideration of a request from Texas Surveying Inc. for a replat of Lots 6R1 and 8R, Block 2, Jack M. Estes Jr. Subdivision, being 2.132 acres located at 3700 Rufe Snow Drive and 6721 Boulevard 26. B.3 FP 2020-02 Consideration of a request from Ramon Hernandez for a final plat of Lot 2, Block 20, Briarwood Estates, being 0.994 acres located at 6935 Smithfield Road. Monday, May 11, 2020 City Council Agenda Page 2 of 4 BA Consider a professional services agreement with Halff Associates, Inc., in an amount not to exceed $105,759 for the BFC-7 Flood Study Project (DR2004). B.5 Acknowledge assumption and assignment of Tarrant County Contract Bid No. 2018-057 and authorize transfer of City of North Richland Hills purchase agreement from Martin Eagle Oil Company to U.S. Venture, I nc. C. PUBLIC HEARINGS C.1 SUP 2020-02, Ordinance No. 3646, Public hearing and consideration of a request from Sunfinity Renewable Energy LLC for a special use permit for a ground mounted solar array at 7325 Chapman Drive, being 1.911 acres described as Lot 13, Block 1 , Morgan Meadows. C.2 ZC 2020-04, Ordinance No. 3647, Public hearing and consideration of a request from Michael and Jennifer Easley for a zoning change from AG (Agricultural) to R-2 (Single-Family Residential) at 7521 Kirk Road, being 0.33 acres described as Tract 14C, Stephen Richardson Survey, Abstract 1266. D. PLANNING AND DEVELOPMENT D.1 FP 2020-03 Consideration of a request from Jennifer and Michael Easley for a final plat of Lot 20, Block 2, Meadowview Estates, being 0.314 acres located at 7521 Kirk Road. D.2 RP 2020-07 Consideration of a request from Burgess & Niple for a replat of Lots 11 R and 13R, Edgley Addition, being 1.727 acres located at 7502 and 7504 Boulevard 26. E. PUBLIC WORKS F. GENERAL ITEMS F.1 Consider Resolution No. 2020-022, to deny Oncor Electric Delivery Company LLC's application to amend its distribution cost recovery factor within the City of North Richland Hills. F.2 Select members of Council to serve as Mayor Pro Tem, Deputy Mayor Pro Tern and Associate Mayor Pro Tern for a term of one year. Monday, May 11, 2020 City Council Agenda Page 3 of 4 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. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER COMPTON 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 Thursday, May 7, 2020 by 6:00 PM. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, May 11, 2020 City Council Agenda Page 4 of 4 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: Approve minutes of the regular April 27, 2020 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 April 27, 2020 City Council meeting. MINUTES OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS CONDUCTED BY VIDEO CONFERENCE APRIL 27, 2020 A. CALL TO ORDER Mayor Trevino stated in accordance with the Texas Governor's March 13, 2020 Disaster Declaration and subsequent suspension of certain Texas Open Meetings Act Provisions, this April 27, 2020 meeting of the North Richland Hills City Council is hereby called to order at 7.01 p.m. Mayor Trevino stated that tonight's meeting will be conducted using Webex video conference in order to observe physical distancing to mitigate the spread of COVID-19. Mayor Trevino stated the live streaming video of the meeting is available at the City's website (nrhtx.legistar.com or nrhtx.com/video) and cable channels - Charter Cable Channel 190 and AT&T U-Verse Channel 99. Mayor Trevino conducted a roll call of City Council members to confirm the presence of a quorum. Present via video conference: Oscar Trevino, Mayor Rita Wright Oujesky, Mayor Pro Tern Tito Rodriguez, Associate Mayor Pro Tern Suzy Compton, Place 3 Mason Orr, Place 4 Mike Benton, Place 5 Scott Turnage, Deputy Mayor Pro Tern Absent: Tim Welch, Place 7 Staff present via video conference: Mark Hindman, City Manager Alicia Richardson, City Secretary Maleshia B. McGinnis, City Attorney Jimmy Perdue, Director of Public Safety Clayton Comstock, Director of Planning Bob Weakley, Assistant Director of Information Technology April 27, 2020 City Council Meeting Minutes Page 1 of 8 A.1 INVOCATION Council member Compton gave the invocation. A.2 PLEDGE Council member Compton 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 Mayor Trevino read an email received from John Schleeter, 6553 Northern Dancer Drive. Mr. Schleeter shared concerns on behalf of himself and his neighbors with the Cotton Belt Trail jogging path having homeless encampments along the rail line just west of his neighborhood. A.5 PUBLIC COMMENTS There were no requests to speak from the public. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE REGULAR APRIL 13, 2020 CITY COUNCIL MEETING. B.2 RP 2020-05 CONSIDERATION OF A REQUEST FROM HART GAUGLER & ASSOCIATES FOR A REPLAT OF LOT 4R1, BLOCK 6, CRESTWOOD ESTATES ADDITION, BEING 10.6 ACRES LOCATED AT 7501 DAVIS BOULEVARD. April 27, 2020 City Council Meeting Minutes Page 2 of 8 B.3 APPROVE PURCHASE AGREEMENT WITH MULTIPLE VENDORS, FLOWERS BAKING COMPANY, BEN E. KEITH FOODS-DFW, TEXAS TWIST, AND SAM'S CLUB, FOR THE 2020 SEASON FOR NRH2O FOOD SERVICE PRODUCTS FOR RESALE IN AN AMOUNT NOT TO EXCEED $200,000. C. PUBLIC HEARINGS There were no items for this category. D. PLANNING AND DEVELOPMENT D.1 RP 2020-06 CONSIDERATION OF A REQUEST FROM WINDROSE LAND SERVICES FOR A REPLAT OF LOTS 2R1-2R3, BLOCK 1, PIERSON ADDITION, BEING 3.0 ACRES LOCATED AT 9001 RUMFIELD ROAD. APPROVED Director of Planning Clayton Comstock informed City Council the applicant is requesting approval of a replat to include a sanitary sewer extension variance on three acres located at 9001 Rumfield Road. The area is designated R-1-S special single-family. Mr. Comstock provided site photos of the property. Applicant Chris Chestnut, 9401 Schiller Drive, presented request and was available to answer questions. Mr. Comstock presented staffs report stating the Development Review Committee (DRC) is recommending approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. Given the difficulties and sizes of the proposed lots, the DRC supports the variance for the use of a septic system on the lots. This plat was scheduled for consideration by the Planning and Zoning Commission at their April 2, 2020, meeting. However, due to the public declaration of emergency related to COVID-19, this meeting was canceled. As a result, the replat is considered approved by inaction of the Planning and Zoning Commission, as stipulated by Section 212.009 of the Texas Local Government Code. Council and staff discussed the septic system's proximity to the creek and if other lots are on septic system in the area. Mr. Comstock informed City Council the permits for the septic system are considered and approved by Tarrant County. April 27, 2020 City Council Meeting Minutes Page 3 of 8 A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER ORR TO APPROVE RP 2020-06, INCLUDING THE VARIANCES TO THE SANITARY SEWER EXTENSION REQUIREMENT FOR LOTS 2112 AND 2113. MOTION TO APPROVE CARRIED 6-0. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS FA RATIFY THE ANNUAL MAINTENANCE PAYMENT TO SUPERION, LLC, FOR THE CENTRALSQUARE (HTE) SOFTWARE PLATFORM IN THE AMOUNT OF $142,946.71 USING A SOLE SOURCE PROCUREMENT. APPROVED Assistant Director of Information Technology Bob Weakley informed City Council this item is to ratify the payment to Superion/CentralSquare (H.T.E.) The city is utilizing a sole-source agreement. Mr. Weakley informed City Council this item was previously approved in October and at the time of the authorization of the original invoice, CentralSquare participated in the State of Texas Department of Information Resources (DIR) cooperative purchasing program through Contract DIR-TSO-2736. Subsequently, when the invoice was processed it was determined that the contract was no longer valid. In order to avoid interruption in maintenance services, it was necessary to submit payment. H.T.E. is a product that is manufactured, sold, serviced and exclusively distributed by CentralSquare and are considered a sole source vendor. Mr. Weakley informed City Council staff is recommending City Council ratify the annual maintenance payment to Superion, LLC, for the CentralSquare H.T.E. software platform in the amount of$142,946.71 using a sole source procurement. A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO RATIFY THE ANNUAL MAINTENANCE PAYMENT TO SUPERION, LLC, FOR THE CENTRALSQUARE (HTE) SOFTWARE PLATFORM IN THE AMOUNT OF $142,946.71 USING A SOLE SOURCE PROCUREMENT. MOTION TO APPROVE CARRIED 6-0. April 27, 2020 City Council Meeting Minutes Page 4 of 8 F.2 DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY DECLARED BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS, TEXAS IN ACCORDANCE WITH CHAPTER 22 ARTICLE II, SECTION 22-32 OF THE CITY CODE OF ORDINANCES AND TEXAS GOVERNMENT CODE SECTION 418.018 DUE TO THE COVID-19 PANDEMIC. APPROVED Director of Public Safety Jimmy Perdue informed City Council of the updates to the declaration. - The declaration language is updated to reflect this is the seventh amendment. Governor Abbott's orders GA -18, GA-19 and GA-20 that were approved today go into effect May 1, 2020. This declaration will continue to fill the gap between today and when the governor's orders go into effect. Staff will be working on a declaration to bring to City Council for consideration. - Section 13, licensed health care professionals and all licensed health care facilities shall refer to GA-15 for direction on permissible activities. - Section 16, all travel modes to refer to GA-16. - Section 18(g), updating language related to non-essential pick up and delivery services operations. - Section 180) essential services as defined in GA-16. - Section 23, if there is any conflict between this declaration and the attached table, this declaration controls. - All other Sections remain unchanged. *Administrative correction - minutes reflect authority provision to be Texas Government Code Section 418.018, correct section number is 418.108, revised minutes on April 30, 2020. A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO APPROVE THE SEVENTH DECLARATION OF LOCAL DISASTER AND EXTEND THE DECLARATION TO APRIL 30, 2020. MOTION TO APPROVE CARRIED 6-0. F.3 DISCUSS SUSPENDING THE REQUIREMENT UNDER CITY CODE OF ORDINANCES, SECTION 2-63(A), TO HOLD REGULAR MEETINGS AT 7:00 P.M. APPROVED April 27, 2020 City Council Meeting Minutes Page 5 of 8 City Secretary Alicia Richardson informed City Council the purpose for this item is to consider suspending the requirement in the City Code of Ordinances that requires regular City Council meetings to begin at 7.00 p.m. Staff is recommending meetings begin at 6.00 p.m. for the duration of the Declaration of Local Disaster for Public Health Emergency due to the COVID-19 pandemic. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ITEM F.3, AS PRESENTED. MOTION TO APPROVE CARRIED 6-0. FA APPROVE REDUCTION IN SALARY FOR CIVIL SERVICE EMPLOYEES, GENERAL SERVICE EMPLOYEES AND CONTRACT EMPLOYEES (CITY MANAGER, CITY SECRETARY, CITY ATTORNEY, AND MUNICIPAL COURT CLERK) BY 2.5% FOR THE REMAINDER OF 2019/2020 FISCAL YEAR THROUGH SEPTEMBER 30, 2020. APPROVED City Manager Mark Hindman informed City Council where social distancing and closing of businesses and facilities has helped to control the spread of the virus; the city's budget has been impacted as a result of the COVID-19 pandemic. Staff has implemented a hiring freeze, restricted training, closed facilities, reduced operating expenses and cut projects, programs and special events. In order to address the significant shortfall in sales tax and other revenues due to the impact of the coronavirus pandemic, he proposes a 2.5% temporary salary reduction for all full-time city employees. The reduction will go into effect April 25, 2020 and continue through September 30, 2020. The temporary salary reduction will save the city $450,000 to $500,000. The 2.5% decrease includes the four employees (City Manager, City Secretary, City Attorney and Municipal Court Clerk) appointed by City Council operating under separate agreements. The employees have submitted their contract amendments for consideration by City Council. Mayor Trevino stated that City Council should not take their $50.00 meeting stipends. If City Council is asking the employees to give up some of their pay then the Council should as well. City Council discussed employee salary reductions, the importance of saving all positions and being hopeful on the recovery of the economy. April 27, 2020 City Council Meeting Minutes Page 6 of 8 A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO APPROVE REDUCTION IN SALARY FOR CIVIL SERVICE EMPLOYEES, GENERAL SERVICE EMPLOYEES AND CONTRACT EMPLOYEES (CITY MANAGER, CITY SECRETARY, CITY ATTORNEY, AND MUNICIPAL COURT CLERK) BY 2.5% FOR THE REMAINDER OF 2019/2020 FISCAL YEAR THROUGH SEPTEMBER 30, 2020 AND ALSO FOR THE MAYOR AND CITY COUNCIL TO NOT RECEIVE STIPENDS THROUGH SEPTEMBER 30, 2020. MOTION TO APPROVE CARRIED 6-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not convene into Executive Session. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tern Wright Oujesky made the following announcements. While city offices and facilities remain closed to the public during this time, we remind residents that you can still access city services by phone, email and online. We also continue to provide public safety services without interruption. You can find the latest information on the city's website. Kudos Korner- Kristin James and the Keep North Richland Hills Board - Keep North Richland Hills Beautiful was recently named as Keep Texas Beautiful Gold Star Affiliate. Just 57 of Keep Texas Beautiful's nearly 300 member cities were awarded the Gold Star status this year. Gold Star recognition is the highest status a Keep Texas Beautiful city can achieve. We are thankful for all of our Keep NRH Beautiful board members and volunteers for their service to our community. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7.45 p.m. Oscar Trevino, Mayor April 27, 2020 City Council Meeting Minutes Page 7 of 8 ATTEST: Alicia Richardson, City Secretary April 27, 2020 City Council Meeting Minutes Page 8 of 8 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: RP 2020-04 Consideration of a request from Texas Surveying Inc. for a replat of Lots 6R1 and 8R, Block 2, Jack M. Estes Jr. Subdivision, being 2.132 acres located at 3700 Rufe Snow Drive and 6721 Boulevard 26. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Rodrigo Dias, Texas Surveying Inc. is requesting approval of a replat of Lots 6R1 and 8R, Block 2, Jack M. Estes Jr. Subdivision. This 2.132-acre property is located at 3700 Rufe Snow Drive and 6721 Boulevard 26. At the April 13, 2020, meeting, City Council approved a 30-day extension for consideration of this plat. Section 212.009(b-2) of the Texas Local Government Code allows for the City Council to approve a 30-day extension of the approval period for a plat if requested by the applicant. GENERAL DESCRIPTION: The property is located on the east side of Rufe Snow Drive, just north of the intersection of Boulevard 26. The property also has frontage and a drive approach on Flory Street. A medical office building is located on the western portion of the property, and the eastern portion is vacant. The property was originally platted in 1937, but was split over time without approval of a replat of the property. The replat would make the following revisions to the previous plat. 1. The plat would establish the current overall property boundary and create two lots. 2. Appropriate easements for public utilities, drainage, and access would be added to the plat. 3. A 15-foot wide right-of-way reservation strip would be added to Lot 8R to address future dedication requirements for Boulevard 26. Dedication is not required at this time, but site improvements would not be permitted within the reservation strip area. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. As required by Section 212.015(f) of the Texas Local Government Code (effective September 1, 2019), written notice of this replat will be mailed to each owner of a lot in "K NOKTH KICHLAND HILLS the Jack M. Estes Jr Subdivision that is within 200 feet of the lots being replatted. The notice is required to be sent no later than 15 days after approval of the plat by City Council. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is currently zoned C-2 Commercial. This district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. ME 22 i i i i ® < Boulevard 26 P6D Major Arterial Suburban Commercial 6-lane divided roadway variable right-of-way width Rufe Snow Drive M41J Minor Arterial Suburban Commercial 4-lane undivided roadway 70-foot right-of-way width Flory Street R21J Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH C-2 Commercial Retail Commercial Electrical contractor office WEST R-3 Single-Family Residential Low Density Residential Single-family residences SOUTH C-2 Commercial Retail Commercial Veterinary clinic/vacant EAST C-2 Commercial Retail Commercial Vacant PLAT STATUS: The property is currently platted as Lot 6R and a portion of Lot 8, Block 2, Jack M. Estes Jr Subdivision. PLANNING AND ZONING COMMISSION: This plat was scheduled for action by the Planning and Zoning Commission at the March 19, 2020, meeting. However, due to the public declaration of emergency related to COVID-19, this meeting was canceled. As a result, the replat is considered approved by inaction of the Commission, as required by Section 212.009 of the Texas Local Government Code. "K NOKTH KICHLAND HILLS DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. The applicant has revised the plat to address all conditions. RECOMMENDATION: Approve RP 2020-04. DAYTTONA D% r I O� i n, ONYX O' z % , LL � � w JANNIEjfl PQv 0� ,i _ MARIE JERRELL !% L 4z- r, z - - L 0� of Prepared by Planning 3/10/2020 N DISCLAIMER:This product Is for Informational purposes and may not ^ have been prepared for or be suitable for legal,engineering,or surveying Feet 0 7.00 200 400 600 800 purposes.it does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. �, pro• � � � i�i �� f r uw � uw G iy� �ud r I ' Ji/ d ✓r �Hw � i i "v. � i � ' p C i/J l I �D I Y�il �• {, 1 a aa�ui i A lux Prepared by Planning 3/10/2020 N DISCLAIMER:This product Is for Informational purposes and may not ^ have been prepared for or be suitable for legal,engineering,or surveying Feet 0 7.00 200 400 600 800 purposes.it does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. FLOOD HAZARD NOTE. x�x°wrxxuwarsysrrxs xrrceLrcxw ws°srsar ZA re..x re.'x' tre..x. ne IMPACT FEES sm 1 1� m asr.v.av=o. msa.nr.. �,.nm mom,ra e=e=a=.=. m••. EASEMENT CORNERS:°�aux�rssnmxs°w�s xxn°u °sx��x m aura .,xen�i. uieusxwrex°xs°z�s .ems �.a n. w UTILITY EASEMENTS. 4 zo sa. G P � EMERGENCY ACCESS AND FIRE LANErvEACEMENTG�G I °45 E ss.vx' ee x�"arvx xx°n°cxuxoxusr°s°svu�rxwrsyscrcenws m°x°suxrs. 3 LOT6RI BN(2 o \y sw<zrzwex o,=a�z moe. a -v mm rzxo: xc a,a..a.u,=e,.i. �S ." raus ussxwrz sxusxssr.xs°sa°sxwn xr.xs xG ry E , xrvr wrzR xTv"��xi"A E LOR EN srarrrnExxr„nEcxVmw wMaAszaxxwxvcxxrxrrxssuxm,vxx R2xRxxMoN..,A rEwxrv,TxwT� � rvM-11"01Er x / .nn=o Rv.=T'n=E=.Rx'rzueT.<aTIN n�vrcmsmuvn..ee nr un.s.sau.�rv�re xv:<rs<a—T—Z0N-1 �Rx, xiKT°xRxrvAEr. MrvxR nrvrzx�xRRxrvrxR /'� / �x�nxry x ��xx xrvxrowm,a�R TArv. rxRx"TRn .r�A„xR vry �x �x xT TxRxxTRT, UTILITY AxxxRArv«AREALLxwD IrvrxT �r«zxTx M=M ==xxwrvr.xxrv,xxrxPP°=n�xrv=°xn.xrvr.xurvxPu«° asx.=°,wn,«u,rPnnx=. ----------------------- oExE M Ix< N xxroax.rx 1-1L° CASE No.RP 2020-04 zxx LOT 6RI&8R,BLOCK 2,JACK M.ESTES,Jr.SUBDIVISION voltl aiCl0v"9x°"'� o °'_-If, e�-v ix, ,� AN ADDITION TO THE CITY OF THII LAY ITmme a°1,pal by lhp rw Cound ,«xm. NORTH RICHLAND HILLS TARRANT COUNTY TEXAS oa s._,UT ST. —I A z.s ACRCS RCPUT or COT a ICK z IT IACx M CSTCs.IR.sumIII-As wCALTT Rx Tx noes — --wAvoa.crzv orxoarx alocAxo wus - *� -arrEsr.sC�aErAav aan'n'In'�szoNin'��o lsson' ArTCST Cm-RCrARv oFEBRUARY 2020 SURVEYI � p��°®e...94,�wE�NG o eo ico zao FILED THIS THE DAY OF__________________.2020. IN PLAT RECORDS OF TARRANT COUNTY,TEXAS. OF THE — SCALE 1'=80' W N "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: FP 2020-02 Consideration of a request from Ramon Hernandez for a final plat of Lot 2, Block 20, Briarwood Estates, being 0.994 acres located at 6935 Smithfield Road. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Fernando & Guadalupe Dominguez, Ramon Hernandez is requesting approval of a final plat of Lot 2, Block 20, Briarwood Estates. This 0.994-acre property is located at 6935 Smithfield Road. GENERAL DESCRIPTION: The property is located on the west side of Smithfield Road between Daniel Drive and Turner Drive. The property is currently an unplatted tract of land with an accessory building. The proposed final plat is intended to create one single-family residential lot for the purpose of constructing a new house. Water and sanitary sewer service is available to the property, and a Swale must be constructed to accommodate existing and future drainage flows. The lot currently has a drive approach on Smithfield Road. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned R-2 Single-Family Residential. This district is intended to provide areas for low density development of single-family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. Smithfield Road C2D Major Collector Suburban Neighborhood 2-lane divided roadway 68-foot right-of-way width "K NOKTH KICHLAND HILLS SURROUNDING ZONING ( LAND USE: NORTH R-2 Single-Family Residential Low Density Residential Single-family residences WEST R-2 Single-Family Residential Low Density Residential Single-family residences SOUTH R-2 Single-Family Residential Low Density Residential Single-family residences EAST R-2 Single-Family Residential Low Density Residential Single-family residences ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. PLAT STATUS: The property is currently unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this plat at the May 7, 2020, meeting. Staff will brief City Council of their action at the May 11, 2020, meeting. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. The applicant has revised the plat to address all conditions. RECOMMENDATION: Approve FP 2020-02. NONEMAN z W ..... .... ....... ......... ......... W 103 BRIARCLIFF LU w w � _ Y J ... ......... ........ � F 100 2 ........ O ......... ......... ........ ........ ........ a ......... ....... a O.__.. a a BRIARWOOD O ...._ ... p ,..._. ..,..... 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P—E 01 OII No 21, FINAL PITAF LOT&BLOCK 20 BRIARWOOD ESTATES AN ADDITION TO TILE CITY OF NORTH RICTIFEND HILLS TARRANT COUNTY,TEXAS NNIE'11,EN-111 BEING 0—AGRE OF IN THE 'UFEyA"INI 111AINI,INI, RJOILI M,CYMAS SURVEY,ANSTRACT N.,1040 CITY F NORTH RICLITAND HILLS,TARRANF COUNTY,TEXAS I.T MAY 2020 N COSE No.; -Ro THIN REGARDED IN INSTRUMENF it O.P.RT,CT, DATE: 1 LOT OP 2020-02 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: Consider a professional services agreement with Halff Associates, Inc., in an amount not to exceed $105,759 for the BFC-7 Flood Study Project (DR2004). PRESENTER: Justin Naylor, Civil Engineer SUMMARY: Council is being asked to consider a professional services agreement with Halff Associates, Inc., for the preparation of a flood study to update the current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) for BFC-7 from Loop 820 through the Meadow Lakes reservoir. GENERAL DESCRIPTION: BFC-7 is a tributary of Big Fossil Creek. Its headwaters are located at Loop 820 North of Surrey Court, flowing south and west, past Meadow Lakes Drive and west through the Meadow Lakes reservoir terminating in Big Fossil Creek west of the Riviera Drive cul-de- sac. It is conveyed through a combination of underground pipe networks as well as open channel sections and there are two reservoirs within the reach. Under the current FEMA floodplain mapping, BFC-7 is mapped as a Zone A approximate. This indicates that the limits of the mapping are not based on a detailed engineering study. Within the study reach, approximately 61 properties along and near BFC-7 upstream of the Meadow Lakes reservoirs have some amount of the floodplain on the lots. Of those 61 properties, approximately 16 have the primary structure touched by the floodplain. This means that for each of those 16 properties, if there is a federally backed mortgage for the property, the owner is required to purchase flood insurance. Staff has not been able to corroborate the flooding risk for most of the properties through historic flood losses and drainage complaints, and finds that the current limits of the floodplain are likely too broad. With that in mind, the primary goal of this project is to develop a more accurate picture of the risk in the area through current floodplain modeling and mapping technology, and update the FEMA regulatory mapping. Staff followed city policy for procuring professional services for the design of this project. Requests for qualifications were sent to local engineering firms and advertised on the city's website. Ten firms responded by submitting statements of qualifications to the city. The selection committee found that Halff's experience on similar projects and expertise with detailed modeling, dams and FEMA submittals gave them an advantage over the other candidates, and selected them as the most qualified firm for the project. IrLp NOKTH KICHLAN HILLS The engineering agreement outlines the scope of work in Exhibit B. Listed below are the key items within the scope of work: • Hydrologic and Hydraulic Modeling to define new floodplain limits • Report Preparation • FEMA Submittal to revise flood mapping The Public Works Department negotiated a fee of $105,759. This basic services fee consists of project management, hydrologic and hydraulic modeling, report preparation and a FEMA submittal. The total amount of the professional services agreement for this project is $105,759. The project budget has sufficient funding for this contract. The project schedule anticipates submitting the flood study to FEMA in January 2021 with the goal to have updated mapping by January 2022. RECOMMENDATION: Approve a professional services agreement with Halff Associates, Inc., in an amount not to exceed $105,759 for engineering services for the BFC-7 Flood Study Project (DR2004). AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES, INC. 1. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY"), and Halff Associates, Inc., a Texas corporation, acting by and through Scott Rushing; its duly authorized agent (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the BIG FOSSIL CREEK FLOOD STUDY - BFC 7 NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering study of the BIG FOSSIL CREEK FLOOD STUDY - BFC 7 in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 1 of 21 IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES Additional Engineering Services are defined in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. No Additional Engineering Services are authorized unless authorization for specified additional services are provided to ENGINEER by CITY in writing and approved by CITY. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E. "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments including without limitation reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed PROJECT COST ($105,759). AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 2 of 21 C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS Upon receipt of payment in full, all completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER is not responsible and shall not be liable for the CITY'S use of such documents for any purpose other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER AND ITS SUBCONSULTANTS SHALL INDEMNIFY AND HOLD CITY AND ALL OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSES, ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF ENGINEER OR ITS SUBCONSULTANTS, AND ALL OTHER PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR, OR OMISSION IN THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF EVALUATIONS, REPORTS, SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH; ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM ON ACCOUNT OF THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS OR OMISSIONS, AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAYBE INCURRED BY OR RENDERED AGAINST CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM, IN CONNECTION WITH THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS, OR OMISSIONS; PROVIDED AND EXCEPT HOWEVER, THAT THIS INDEMNIFICATION PROVISION SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES HARMLESS AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 3 of 21 FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS CAUSED BY DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO ENGINEER BY CITY, OR ANY SIGNIFICANT DEVIATION IN CONSTRUCTION FROM ENGINEER'S DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR OTHER ENGINEERING DOCUMENTS. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. XL INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1 000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 4 of 21 D. Professional Liability: Errors and Omissions $ 1,000,000 per claim/aggregate The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section Vill- "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 5 of 21 XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 6 of 21 audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be provided by the City Exhibit "F" Compensation Exhibit "G" Form 1295 XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 7 of 21 Halff Associates, Inc. Attn: Scott Rushing, PE, CFM Water Resources Team Leader 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 If to CITY: City of North Richland Hills Attn: Justin Naylor, PE, CFM Public Works & Engineering Department 4301 City Point Drive North Richland Hills, Texas 76180 With Copies to the City Manager and City Attorney at the same address. D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership orjoint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including but not limited to personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 8 of 21 of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of 2020. CITY OF NORTH RICHLAND HILLS HALFF ASSOCIATES, INC. (CITY) (ENGINEER) By: By: Mark Hindman, City Manager Scott Rushing, Team Leader Date: Date: ATTEST: ATTEST: Alicia Richardson, City Secretary Notary Public in and for the State of Texas APPROVED TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Type or Print Notary's Name My Commission Expires: CITY SEAL CORPORATE SEAL AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 9 of 21 EXHIBIT A PROJECT SCHEDULE FOR BIG FOSSIL CREEK FLOOD STUDY - BFC 7 PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Notice to Proceed from City May 1, 2020 Kickoff Meeting with City May 6, 2020 Complete Data Collection/Field Survey June 5, 2020 Complete Hydrology Analysis July 17, 2020 Meet with City to review draft existing September 30, 2020 conditions modeling Complete Hydraulic Analysis October 16, 2020 Submit draft report and mapping to City November 6, 2020 for review Meet with City to discuss draft report November 20, 2020 Submit final report and digital data to City December 18, 2020 Submit LOMR documents to FEMA January 29, 2021 Finalize LOMR with FEMA January 2022* *Dependent on nature and timing of FEMA comments and review time. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 10 of 21 EXHIBIT B BASIC ENGINEERING SERVICES FOR BIG FOSSIL CREEK FLOOD STUDY - BFC 7 The objective of this study is to update FEMA modeling and mapping and submit a LOMR for the City of North Richland Hills for Big Fossil Creek 7 (BFC 7) to ensure that the flood risk is accurately reflected in this area. The study will begin at the lower reservoir in the Meadow Lakes subdivision (near the Iron Horse Golf Course) and extend east and north to the eastbound service road of NE Loop 820. BFC 7 has two reservoirs and underground conduit reaches. The current effective FEMA FIRM represents the study reach as Zone A. Major Tasks 1. Prepare hydrologic and hydraulic information adequate to define and quantify water surface elevations and limits of flooding for the 100-year frequency event. 2. Prepare and submit a LOMR application to FEMA on behalf of the City to revise FIRM data along BFC 7. I. PROJECT MANAGEMENT This scope includes the coordination and communication procedures to be implemented between the City of North Richland Hills and Halff Associates in completion of this project. A. Conduct kickoff meeting and up to two (2) project status meetings with the City of North Richland Hills. Status meetings shall occur to update the City on project milestones such as hydrology and hydraulic results, report review, etc. B. Prepare monthly progress reports for City of North Richland Hills, identifying work accomplished, work to be done, and outstanding issues that need attention. C. Prepare report including procedures, results, and recommendations. The report will include technical data utilized in preparation of the study in digital format, including hydrologic and hydraulic models and GIS shapefiles. D. Issue draft report for City staff review. E. Incorporate staff comment revisions to Final Report. F. Deliver one hard (1) copy of Final Report to the City of North Richland Hills. II. DATA COLLECTION A. Utilize 2015 NCTCOG LIDAR topography provided by City. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 11 of 21 B. Obtain as-built plans for the reservoirs along BFC 7. Halff will also locate the operation and maintenance (O&M) manuals for the reservoirs, if available. Based on recent FEMA requirements an O&M manual will potentially need to be provided with the LOMR submittal if attenuation from the dams is considered in final floodplain mapping. C. Collect as-built TxDOT plans through the 820 corridor to determine location of storm drain infrastructure and total contributing area to the headwaters of BFC 7. D. Collect as-built plans from the City of the storm drain infrastructure near Meadow Lakes Drive that flows into BFC 7. E. Obtain storm drain GIS shapefiles from the City. F. Obtain available zoning maps, land use maps, soils data and thoroughfare plans in the project area from the City of North Richland Hills, NCTCOG, NRCS and others. G. Collect applicable past studies and reports, drainage complaints, historic rainfall records, records of street closures, and related flooding data from the City. H. Collect any technical data available from FEMA Region VI regarding the current effective hydraulic and hydrologic models. I. Halff will conduct field reconnaissance to identify and photograph storm drain infrastructure, reservoir structures, and other physical features that could affect flooding within the project area. J. Halff will perform field surveys for three (3) structures along the reservoirs. Those structures include the spillway at the upstream reservoir, the drop structure between the two reservoirs, and the spillway of the downstream reservoir where the current effective Zone A mapping ends. Up to five (5) survey shots will also be collected to confirm as-built plan datum for the main storm drain system associated with the XPSWMM model. Halff will compile and format all photos, text files, field notes, and sketches for each survey location to comply with FEMA guidelines and specifications. III. HYDROLOGY Halff will prepare a fully developed conditions hydrologic model of the BFC 7 watershed using the latest version of the U.S. Army Corps of Engineers HEC-HMS software. Fully developed conditions are recommended for floodplain management and FEMA submittals for BFC 7 since it is almost entirely developed already. This scope includes the tasks necessary to evaluate and develop a new hydrologic model for BFC 7. Results obtained will be compared with previous studies, if available. No routing will be incorporated into the HMS model since routing will be accounted for within the XPSWMM and unsteady HEC-RAS models. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 12 of 21 A. Utilize 2015 NCTCOG LiDAR to delineate watershed limits. Halff will coordinate as needed with the City to ensure the boundary of the BFC 7 watershed edge-matches with the boundary of the new delineation of the Mackey Creek watershed. B. Utilize 2015 NCTCOG LiDAR to delineate subbasins. A subbasin break will occur at the storm drain outfall of the 820 corridor and the upstream storm drain intake north of Surrey Court. Subbasins will be delineated at an inlet level for the storm drain system along Meadow Lakes Drive and grouped where appropriate. Additional subbasin break locations will occur at the outfall of the Meadow Lakes Drive storm drain system to the upstream reservoir and downstream of each reservoir. The delineated subbasins will be compared with existing storm drain GIS shapefiles within the City of North Richland Hills to verify sub-basin boundaries. C. Develop a fully developed conditions hydrologic land use map based on full build-out zoning and land use data for the BFC 7 watershed. Fully developed conditions land use hydrologic parameters will be calculated. D. Rainfall data from the NOAA Atlas 14 Precipitation Frequency Data Server (PFDS) will be utilized for this study. The rainfall depths will be pulled from the centroid of the delineated BFC 7 watershed unless otherwise specified from the City. E. Develop hydrologic models in HEC-HMS to calculate peak discharges for the 5-, 10-, 25-, 50-, 100-, and 500-year storm events. IV. HYDRAULICS This scope includes the tasks necessary to determine water surface elevations for the frequency storm events specified in Task 2 and floodplain mapping extents for the 100- year storm event. A. Develop an existing conditions unsteady, one-dimensional (1 D) HEC-RAS hydraulic model for BFC 7 utilizing 2015 NCTGOG LIDAR. The model extent will start upstream at the drainage outfall from the 820 corridor and extend just downstream of the lower reservoir. B. Incorporate reservoir inline structures into the hydraulic model based on as- built plans and field surveyed data. C. Incorporate the reservoir elevation/volume data into the unsteady HEC- RAS model utilizing storage areas. D. Develop unsteady floodway using HEC-RAS through the study extents. Depending on the results of the unsteady HEC-RAS analysis, a floodway model may not need to be developed. Floodway modeling will not be performed prior to written authorization from the City. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 13 of 21 E. If warranted, the HEC-RAS model will be used to model the overflow area near Lakeside Circle using a RAS 2D area to simulate multi-directional flow patterns. F. Develop an existing conditions XPSWMM 1 D/2D model for the storm drain system that begins with a culvert intake north of Surrey Court, extends along Meadow Lakes Drive, and outfalls into the upstream reservoir near Pebble Court. The storm drain alignment will be based on field survey data, as-built plans, as well as the City of North Richland Hills GIS data. The 2015 NCTCOG LIDAR data will be utilized for the 2D terrain. The model will include major storm drain infrastructure including storm drain trunk lines 18" and greater. Inlets will be grouped where appropriate. The XPSWMM model will inform the HEC-RAS model by determining the overland flow that cannot be conveyed by the underground storm drain system. The HEC-RAS model will be utilized to model/map any overflow not conveyed by the underground storm drain system. G. Execute fully developed conditions flood profiles for the 5-, 10-, 25-, 50-, 100-, and 500-year storm events. H. Delineate 100-year Zone AE and 500-year Zone X mapping for the limits of the fully developed conditions hydraulic model in GIS format. I. Compare the updated fully developed conditions floodplain to effective FEMA floodplain. V. LOMR REPORT AND SUBMITTAL A. Prepare LOMR application package with complete supporting documentation. Following the City's review and approval of the LOMR application package, Halff will represent the City and submit the LOMR application to FEMA. Halff will only submit the 100-year model run and 100- year mapping to FEMA. Floodway model and mapping will be included if performed based on section IV.D of this scope of services. B. Prepare necessary MT-2 application/certificate forms including: i. Form 1 — Overview and Concurrence ii. Form 2 — Riverine Hydrology and Hydraulics iii. Form 3 — Riverine Structures C. Prepare templates for public notification, including individual property owner notification and public notice if necessary. The City of North Richland Hills will distribute all notifications to individual property owners and post any necessary notices. D. Coordinate with the City of North Richland Hills and FEMA/Technical Reviewer to address comments and questions. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 14 of 21 ITEMS NOT INCLUDED IN THE SCOPE OF WORK THAT COULD BE PROVIDED FOR ADDITIONAL FEE A. Modeling and mapping for the extent of BFC 7 downstream of the reservoirs currently mapped as Zone AE will not be included as a part of this study but can be added in the future if the City desires. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 15 of 21 EXHIBIT C SPECIAL ENGINEERING SERVICES FOR BIG FOSSIL CREEK FLOOD STUDY - BFC 7 No Special Engineering Services are included with the PROJECT. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 16 of 21 EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR BIG FOSSIL CREEK FLOOD STUDY - BFC 7 No Additional Engineering Services are included with the PROJECT. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 17 of 21 EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR BIG FOSSIL CREEK FLOOD STUDY - BFC 7 The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if available. III. Assist the ENGINEER, as necessary, in obtaining any required data and information from TxDOT and/or other local utility companies. IV. Provide ENGINEER draft report review comments within 10 business days from submittal by ENGINEER. V. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 18 of 21 EXHIBIT F COMPENSATION FOR BIG FOSSIL CREEK FLOOD STUDY - BFC 7 I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Basic Engineering Services described under Exhibit B. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. A. Compensation for the Basic Engineering Services shall be completed for an hourly not to exceed fee of $105,759. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 19 of 21 A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services"). Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 20 of 21 EXHIBIT G FORM 1295 FOR BIG FOSSIL CREEK FLOOD STUDY - BFC 7 [Form 1295 is submitted as the following page] AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES,INC.FOR BIG FOSSIL CREEK FLOOD STUDY-BFC 7 (6/07/2016) Page 21 of 21 IN, 9SSC4�b Hi1/b'"�au �i II I I N@➢1VVYN�?tl 6VI �NkiSW17rU7 9Yd JJI�i�W I id v'r Il iv irr rti CIA �w I ' I of r„ r y y y � � /.fA%'� k ° �� k•I �Palo w� �; r " f T i I v n r 0 1 yid � f I r, J � umpi�l Ir ';r ,r n o CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 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. 2020-612574 Halff Associates, Inc. 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 04/28/2020 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. R FQ 20-009 Agreement for Engineering Services—BFC 7 Flood Study Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Zapalac, Russell Austin, TX United States X Tanksley, Dan Richardson, TX United States X Sagel, Joseph Richardson, TX United States X Murray, Menton McAllen, TX United States X Moya, Mike Austin, TX United States X Miller, Steven Austin, TX United States X Kunz, Pat Richardson, TX United States X Ickert,Andrew Fort Worth, TX United States X Jackson, Todd Austin, TX United States X Edwards, Mark Richardson, TX United States X Bargainer, Tim Austin, TX United States X Baker, Jessica Richardson, TX United States X Adams, Bobby Houston, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 2ol 2 Complete Nos.I-4 and 6 it there are intereswd parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if iflete ate tit)intere"Sted parties, CERTIFICATION OF FILING 1 Name of business entity filingi form,and the city,state and country rat the business entity's place Certificate Number, of business. 2020-612574 Halff Associates,Inc. Fort Wbrth,TX United States Mile Filed: 2 Name of governmental entity or state agency that Is a party to the contract for whicK then-form i-s— 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 proviticid under the contract. RPQ 20-009 Agreement for Engineering Services- BFC 7 Flood Study 4 Nature of interest Name of Interested Party City,State,Country(place of business) (chock applicabl:e) Controlling Intermediary ........... 5 Check only if there is NO Interested Party. 6 UNS WORN DECLARATION My na"Te is and racy date of birth is fAy address is m. ........... -1K -26132 USA tCfly), (Swle) (mp ccdep (wun") I declare tinder penalty of petjury that the foregoing Is true and Correct. Executed in..-- .... —count, NIt Of onthe ;W y Apj-11- . 0 .y aof 2XO SkInalwe of authorizer 4"Tif of conitacting business entity edarard) Forms provided by'l"exas Ethics Conimission wwwetllic&slate tx.us Version V1.1.3a6aaf7d IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: Acknowledge assumption and assignment of Tarrant County Contract Bid No. 2018-057 and authorize transfer of City of North Richland Hills purchase agreement from Martin Eagle Oil Company to U.S. Venture, Inc. PRESENTER: Mike Curtis, Managing Director SUMMARY: City Council is being requested to acknowledge assumption and assignment of Tarrant County Contract Bid No. 2018-057 and authorize the transfer of City of North Richland Hills purchase agreement from Martin Eagle Oil Company to U.S. Venture, Inc. GENERAL DESCRIPTION: On October 22, 2018, the North Richland Hills City Council authorized the purchase of fuel for all city vehicles using Tarrant County fuel contract Bid No. 2018-057 with Martin Eagle Oil Company ("County Contract"). The County Contract was a one-year contract, with three additional options to renew. The Council action included authorization to renew the agreement without additional City Council action if the County decided to renew, as long as sufficient funds were appropriated in the city's annual budget and the terms and conditions of the county contract did not change. In March of 2020, Tarrant County was notified that Martin Eagle Oil Company fuel assets were being acquired by U.S. Venture, Inc. On March19, 2020, Tarrant County consented to the assignment of the Tarrant County Contract, and on April 28, 2020, by Commission action, acknowledged the acquisition and vendor name change of Martin Eagle Oil Company to U.S. Venture, Inc. dba U.S. Oil. In order for the city to continue purchasing fuel from the county contract, the City Council is being asked to transfer the award of the purchase of fuel from Martin Eagle Oil Company to U.S. Venture, Inc. The FY 2019/2020 Adopted Budget included $500,135 in estimated expenses for fuel. The current unspent balance for fuel in the FY 2019/2020 budget is $183,735. Staff anticipates the need for the remainder of the current fiscal year expenditures to be $183,735, with the upcoming renewal estimated to be $500,135. The current renewal of the county contract expires April 6, 2021, with one renewal remaining. If funds are appropriated in the city's annual budget for the remainder of the term and the remaining renewal year, and terms and conditions of the county contract do not change if Tarrant County elects to renew the U.S. Venture contract, the remaining renewal will not require additional City Council approval. IrLp NOKTH KICHLAN HILLS All state competitive bidding requirements are satisfied by purchasing fuel through this cooperative contract. RECOMMENDATION: Acknowledge assumption and assignment of Tarrant County Contract Bid No. 2018-057 and authorize transfer of City of North Richland Hills purchase agreement from Martin Eagle Oil Company to U.S. Venture, Inc. pOU�T REFERENCE NUMBER127153 ;H rn' COMMISSIONERS COURT PAGE I OF 19 * COMMUNICATION DATE: 02/27/2018 SUBJECT: BID NO. 2018-057 -ANNUAL CONTRACT FOR FUEL - COUNTYWIDE - VARIOUS VENDORS - PER UNIT PRICE COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court award Bid No. 2018-057, Annual Contract for Fuel, Countywide, to the following vendors at the per unit price: Primary Martin Eagle Oil Company Secondary Douglass Distributing 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. One-hundred thirteen (113) 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. A pre-bid conference held on January 30, 2018 was attended by four (4) vendors as well as representatives from Transportation Services, Precinct 1 Maintenance, and Purchasing. Five (5) bids and three (3)no bids were received. Bids were evaluated by Transportation Services, three (3) Maintenance Precincts, and Purchasing representatives. Award recommendations are to the low bids, meeting specifications. The bid received from Mansfield Oil Company was deemed non-responsive for failure to sign Addendum 1 as required. The term of the contract is twelve (12) months, effective April 7, 2018, with three (3) options for renewal periods of twelve (12)months each. Therefore, it is the joint recommendation of Transportation Services, three (3) Maintenance Precincts, and Purchasing that Bid No. 2018-057, Annual Contract for Fuel, be awarded to the vendors listed above at the per unit price. FISCAL IMPACT: Expenses for last year were approximately $1,019,541.69. Orders are on an as needed-basis. Eighteen (18) entities will utilize this bid. Entity listing with fuel usage is attached. SUBMITTED BY: Purchasing PREPARED BY: Brandie Bingham,CPPB APPROVED BY: Attachment A Entity Participation-2018 Unleaded Regular Unleaded Mid- No.2 ULSD Entity Gasoline Grade Gasoline E-85 TxLED Diesel Red Dyed Diesel City of Allen 180,000 68,000 City of Carrollton 145,000 95,000 5,000 City of Coppell 85,000 City of Denton 300,000 50,000 300,000 Denton County 202,000 110,000 City of Duncanville 77,000 49,000 City of Euless 113,000 27,000 City of Farmers Branch 117,000 60,000 Town of Flower Mound 167,470 31,000 60,000 City of Frisco 290,000 140,000 City of Garland 600,000 640,000 160,000 City of Grand Prairie 533,850 204,650 120,560 City of Grapevine 55,000 135,000 110,000 City of Lewisville 227,420 82,300 Town of Little Elm 82,450 34,580 City of Mesquite 4,000 379,975 206,570 City of Richardson 235,000 202,000 City of The Colony 30,000 15,000 TOTALS: 3,414,190 379,975 216,000 2,392,100 327,560 Tarrant County 1 286,200 1 234,600 TOTALS: 1 3,700,390 379,975 216,000 2,626,700 327,560 Grand Total Gallons: 7,250,625 BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Secondary Award Douglass Distributing Sherman, TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB -No COOP-Yes ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount 1 Reformulated Regular Transport Load 1,671,000 Plus $0.0200 $33,420.00 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 2 Gasoline Regular (4,000 gallons to 7,499 1,197,200 Plus $0.0300 $35,916.00 gallons) Reformulated Tank Wagon Load 3 Gasoline Regular (1,500 gallons to 3,999 416,095 Plus $0.0800 $33,287.60 gallons) 4 Reformulated Regular Short Tank Wagon Load 416,095 Plus $0.0800 $33,287.60 Gasoline (1,499 gallons or less) 5 Reformulated Mid-Grade Transport Load 379,975 Plus $0.0200 $7,599.50 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 6 Gasoline Mid-Grade (4,000 gallons to 7,499 1 Plus $0.0300 $0.0300 gallons) Reformulated Tank Wagon Load 7 Gasoline Mid-Grade (1,500 gallons to 3,999 1 Plus $0.0800 $0.0800 gallons) 8 Reformulated Mid-Grade Short Tank Wagon Load 1 Plus $0.0800 $0.0800 Gasoline (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL PRIMARY AWARD Martin Eagle Oil Denton,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB-No COOP -Yes ITEM FUEL TYPE FUEL GRADE LOAD SIZE EST USAGE Plus/Minus Differential Total Bid Amount 1 Reformulated Regular Transport Load 1,671,000 Plus $0.0080 $13,368.00 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 2 Gasoline Regular (4,000 gallons to 7,499 1,197,200 Plus $0.0180 $21,549.60 gallons) Reformulated Tank Wagon Load 3 Gasoline Regular (1,500 gallons to 3,999 416,095 Plus $0.0280 $11,650.66 gallons) 4 Reformulated Regular Short Tank Wagon Load 416,095 Plus $0.0480 $19,972.56 Gasoline (1,499 gallons or less) 5 Reformulated Mid-Grade Transport Load 379,975 Plus $0.0080 $3,039.80 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 6 Gasoline Mid-Grade (4,000 gallons to 7,499 1 Plus $0.0180 $0.0180 alions) Reformulated Tank Wagon Load 7 Gasoline Mid-Grade (1,500 gallons to 3,999 1 Plus $0.0280 $0.0280 gallons) 8 Reformulated Mid-Grade Short Tank Wagon Load 1 Plus $0.0480 $0.0480 Gasoline (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Pinnacle Petroleum Huntington Beach, CA SECTION ONE: GASOLINE AND DIESEL FUEL HUB -Yes COOP -Yes ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount 1 Reformulated Regular Transport Load 1,671,000 Plus $0.0029 $4,845.90 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 2 Gasoline Regular (4,000 gallons to 7,499 1,197,200 Plus $0.0369 $44,176.68 gallons) Reformulated Tank Wagon Load 3 Gasoline Regular (1,500 gallons to 3,999 416,095 Plus $0.1048 $43,606.76 gallons) 4 Reformulated Regular Short Tank Wagon Load 416,095 Plus $1.0251 $426,538.98 Gasoline (1,499 gallons or less) 5 Reformulated Mid-Grade Transport Load 379,975 Minus Gasoline (7,500 gallons or more) ($0.0515) ($19,568.71) Reformulated Short Transport Load 6 Gasoline Mid-Grade (4,000 gallons to 7,499 1 Plus $0.0003 $0.0003 gallons) Reformulated Tank Wagon Load 7 Gasoline Mid-Grade (1,500 gallons to 3,999 1 Plus $0.01748 $0.01748 allons 8 Reformulated Mid-Grade Short Tank Wagon Load 1 Plus $0.4464 $0.4464 Gasoline (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Sun Coast Resources Houston,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB -Yes COOP -No ITEM FUEL TYPE FUEL GRADE USAGE LOAD SIZE EST. Plus/Minus Differential Total Bid Amount 1 Reformulated Regular Transport Load 1,671,000 Plus $0.0295 $49,294.50 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 2 Gasoline Regular (4,000 gallons to 7,499 1,197,200 Plus $0.0395 $47,289.40 gallons) Reformulated Tank Wagon Load 3 Gasoline Regular (1,500 gallons to 3,999 416,095 Plus $0.1195 $49,723.35 gallons) 4 Reformulated Regular Short Tank Wagon Load 416,095 Plus $0.6857 $285,316.34 Gasoline (1,499 gallons or less) 5 Reformulated Mid-Grade Transport Load 379,975 Plus $0.0295 $11,209.26 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 6 Gasoline Mid-Grade (4,000 gallons to 7,499 1 Plus $0.0395 $0.0395 gallons) Reformulated Tank Wagon Load 7 Gasoline Mid-Grade (1,500 gallons to 3,999 1 Plus $0.1195 $0.1195 gallons) 8 Reformulated Mid-Grade Short Tank Wagon Load 1 Plus $0.6857 $0.6857 Gasoline 1 1 (1,499 gallons or less) I I I I I BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Secondary Award Douglass Distributing Sherman,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB -No COOP-Yes ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount 9 Reformulated Plus Transport Load 1 Plus $0.0200 $0.0200 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 10 Gasoline Plus (4,000 gallons to 7,499 1 Plus $0.0300 $0.0300 gallons) Reformulated Tank Wagon Load 11 Gasoline Plus (1,500 gallons to 3,999 1 Plus $0.0800 $0.0800 gallons) 12 Reformulated Plus Short Tank Wagon Load 1 Plus $0.0800 $0.0800 Gasoline (1,499 gallons or less) 13 E85 Gasoline E85 Transport Load 50,000 Plus $0.0600 $3,000.00 (7,500 gallons or more) Short Transport Load 14 E85 Gasoline E85 (4,000 gallons to 7,499 135,000 Plus $0.0900 $12,150.00 gallons) Tank Wagon Load 15 E85 Gasoline E85 (1,500 gallons to 3,999 15,500 Plus $0.1200 $1,860.00 gallons) 16 E85 Gasoline E85 Short Tank Wagon Load 15,500 Plus $0.1200 $1,860.00 (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL PRIMARY AWARD Martin Eagle Oil Denton,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB-No COOP-Yes ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount 9 Reformulated Plus Transport Load 1 Plus $0.0080 $0.0080 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 10 Gasoline Plus (4,000 gallons to 7,499 1 Plus $0.0180 $0.0180 gallons) Reformulated Tank Wagon Load 11 Gasoline Plus (1,500 gallons to 3,999 1 Plus $0.0280 $0.0280 gallons) 12 Reformulated Plus Short Tank Wagon Load 1 Plus $0.0480 $0.0480 Gasoline (1,499 gallons or less) 13 E85 Gasoline E85 Transport Load 50,000 Plus $0.0300 $1,500.00 (7,500 gallons or more) Short Transport Load 14 E85 Gasoline E85 (4,000 gallons to 7,499 135,000 Plus $0.0400 $5,400.00 gallons) Tank Wagon Load 15 E85 Gasoline E85 (1,500 gallons to 3,999 15,500 Plus $0.0500 $775.00 gallons) 16 E85 Gasoline E85 Short Tank Wagon Load 15,500 Plus $0.0700 $1,085.00 (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Pinnacle Petroleum Huntington Beach, CA SECTION ONE: GASOLINE AND DIESEL FUEL HUB -Yes COOP -Yes ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount 9 Reformulated Plus Transport Load 1 Minus Gasoline (7,500 gallons or more) ($0.0415) ($0.0415) Reformulated Short Transport Load 10 Gasoline Plus (4,000 gallons to 7,499 1 Plus $0.0003 $0.0003 gallons) Reformulated Tank Wagon Load 11 Gasoline Plus (1,500 gallons to 3,999 1 Plus $0.1748 $0.1748 gallons) 12 Reformulated Plus Short Tank Wagon Load 1 Plus $0.4464 $0.4464 Gasoline (1,499 gallons or less) 13 E85 Gasoline E85 Transport Load 50,000 Plus $0.0424 $2,120.00 (7,500 gallons or more) Short Transport Load 14 E85 Gasoline E85 (4,000 gallons to 7,499 135,000 Plus $0.0540 $7,290.00 gallons) Tank Wagon Load 15 E85 Gasoline E85 (1,500 gallons to 3,999 15,500 Plus $0.2983 $4,623.65 gallons) 16 E85 Gasoline E85 Short Tank Wagon Load 15,500 Plus $0A599 $7,128.45 (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Sun Coast Resources Houston,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB -Yes COOP -No ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount 9 Reformulated Plus Transport Load 1 Plus $0.0295 $0.0295 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 10 Gasoline Plus (4,000 gallons to 7,499 1 Plus $0.0395 $0.0395 gallons) Reformulated Tank Wagon Load 11 Gasoline Plus (1,500 gallons to 3,999 1 Plus $0.1195 $0.1195 gallons) 12 Reformulated Plus Short Tank Wagon Load 1 Plus $0.6857 $0.6857 Gasoline (1,499 gallons or less) 13 E85 Gasoline E85 Transport Load 50,000 Plus $0.0395 $1,975.00 (7,500 gallons or more) Short Transport Load 14 E85 Gasoline E85 (4,000 gallons to 7,499 135,000 Plus $0.0495 $6,682.50 gallons) Tank Wagon Load 15 E85 Gasoline E85 (1,500 gallons to 3,999 15,500 Plus $0.1295 $2,007.25 gallons) 16 E85 Gasoline E85 Short Tank Wagon Load 15,500 Plus $0.6957 $10,783.35 (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Secondary Award Douglass Distributing Sherman,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB -No COOP -Yes ITEM FUEL TYPE FUEL GRADE USAGE LOAD SIZE EST. Plus/Minus Differential Total Bid Amount 17 LILSD TxLED No. 2 Transport Load 1,200,000 Plus $0.0200 $24,000.00 Diesel (7,500 gallons or more) LILSD TxLED Short Transport Load 18 Diesel No. 2 (4,000 gallons to 7,499 630,000 Plus $0.0300 $18,900.00 gallons) LILSD TxLED Tank Wagon Load 19 Diesel No. 2 (1,500 gallons to 3,999 398,350 Plus $0.0800 $31,868.00 gallons) 20 LILSD TxLED No. 2 Short Tank Wagon Load 398,350 Plus $0.0800 $31,868.00 Diesel (1,499 gallons or less) 21 Diesel Red-Dyed Transport Load I Plus $0.0200 $0.0200 (7,500 gallons or more) Short Transport Load 22 Diesel Red-Dyed (4,000 gallons to 7,499 1 Plus $0.0300 $0.0300 gallons) Tank Wagon Load 23 Diesel Red-Dyed (1,500 gallons to 3,999 163,780 Plus $0.0800 $13,102.40 gallons) 24 Diesel Red-Dyed Short Tank Wagon Load 163,780 Plus $0.0800 $13,102.40 (1,499 gallons or less) I I BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL PRIMARY AWARD Martin Eagle Oil Denton,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB-No COOP-Yes ITEM FUEL TYPE FUEL GRADE USAGE LOAD SIZE EST. Plus/Minus Differential Total Bid Amount 17 ULSD TxLED No. 2 Transport Load 1,200,000 Minus ($0.0037) ($4,440.00) Diesel (7,500 gallons or more) ULSD TxLED Short Transport Load 18 Diesel No. 2 (4,000 gallons to 7,499 630,000 Plus $0.0063 $3,969.00 gallons) ULSD TxLED Tank Wagon Load 19 Diesel No. 2 (1,500 gallons to 3,999 398,350 Plus $0.0163 $6,493.105 gallons) 20 ULSD TxLED No. 2 Short Tank Wagon Load 398,350 Plus $0.0363 $14,460.105 Diesel (1,499 gallons or less) 21 Diesel Red-Dyed Transport Load 1 Plus $0.0063 $0.0063 (7,500 gallons or more) Short Transport Load 22 Diesel Red-Dyed (4,000 gallons to 7,499 1 Plus $0.0163 $0.0163 gallons) Tank Wagon Load 23 Diesel Red-Dyed (1,500 gallons to 3,999 163,780 Plus $0.0163 $2,669.614 1 gallons) 24 Diesel Red-Dyed Short Tank Wagon Load 163,780 Plus $0.0363 $5,945.214 1 (1,499 gallons or less) I I BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Pinnacle Petroleum Huntington Beach, CA SECTION ONE: GASOLINE AND DIESEL FUEL HUB-Yes COOP -Yes ITEM FUEL TYPE FUEL GRADE USAGE LOAD SIZE EST, Plus/Minus Differential Total Bid Amount 17 ULSD TxLED No. 2 Transport Load 1,200,000 Minus ($0.0332) ($39,840.00) Diesel (7,500 gallons or more) ULSD TxLED Short Transport Load 18 Diesel No. 2 (4,000 gallons to 7,499 630,000 Minus ($0.0046) ($2,898.00) gallons) ULSD TxLED Tank Wagon Load 19 Diesel No. 2 (1,500 gallons to 3,999 398,350 Plus $0.1158 $46,128.93 gallons) 20 ULSD TxLED No. 2 Short Tank Wagon Load 398,350 Plus $0.7475 $297,766.625 Diesel (1,499 gallons or less) 21 Diesel Red-Dyed Transport Load 1 Minus ($0.0232) ($0.0232) (7,500 gallons or more) Short Transport Load 22 Diesel Red-Dyed (4,000 gallons to 7,499 1 Plus $0.0054 $0.0054 gallons) Tank Wagon Load 23 Diesel Red-Dyed (1,500 gallons to 3,999 163,780 Plus $0.0886 $14,510.91 1 gallons) 24 Diesel Red-Dyed Short Tank Wagon Load 163,780 Plus $0.9619 $157,539.98 (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Sun Coast Resources Houston, TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB -Yes COOP -No ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount 17 ULSD TxLED No 2 Transport Load 1,200,000 Plus $0.0349 $41,880.00 Diesel (7,500 gallons or more) ULSD TxLED Short Transport Load 18 Diesel No. 2 (4,000 gallons to 7,499 630,000 Plus $0.0449 $28,287.00 gallons) ULSD TxLED Tank Wagon Load 19 Diesel No. 2 (1,500 gallons to 3,999 398,350 Plus $0.1249 $49,753.92 gallons) 20 ULSD TxLED No. 2 Short Tank Wagon Load 398,350 Plus $0.6899 $274,821.67 Diesel (1,499 gallons or less) 21 Diesel Red-Dyed Transport Load 1 Plus $0.0349 $0.0349 (7,500 gallons or more) Short Transport Load 22 Diesel Red-Dyed (4,000 gallons to 7,499 1 Plus $0.0449 $0.0449 gallons) Tank Wagon Load 23 Diesel Red-Dyed (1,500 gallons to 3,999 163,780 Plus $0.1249 $20,456.12 gallons) 24 Diesel Red-Dyed Short Tank Wagon Load 163,780 Plus $0.6899 $112,991.82 (1,499 gallons or less) BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Secondary Award Douglass Distributing Sherman, TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB-No COOP -Yes ITEM FUEL TYPE FUEL I GRADE LOAD SIZE UEST.SAGE Plus/Minus � Differential Total Bid Amount I TOTAL AMOUNT OF BID FOR SECTION ONE: $295,221.95 Normal Delivery Days After Receipt of Order(ARO) 1 Day Provides Tank Monitoring Service? Yes BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL PRIMARY AWARD Martin Eagle Oil Denton,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB -No COOP -Yes ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount TOTAL AMOUNT OF BID FOR SECTION ONE: 107,437.8766 Normal Delivery Days After Receipt of Order(ARO) 1 Day Provides Tank Monitoring Service? Yes BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Pinnacle Petroleum Huntington Beach, CA SECTION ONE: GASOLINE AND DIESEL FUEL HUB-Yes COOP -Yes FUEL ITEM I FUEL TYPE I GRADE LOAD SIZE USAGE Plus/Minus7Differential I Total Bid Amount TOTAL AMOUNT OF BID FOR SECTION ONE: $993,971.18 Normal Delivery Days After Receipt of Order(ARO) 1-2 Day Provides Tank Monitoring Service? Yes BID NO. 2018-057, ANNUAL CONTRACT FOR FUEL Sun Coast Resources Houston,TX SECTION ONE: GASOLINE AND DIESEL FUEL HUB-Yes COOP -No FUEL EST ITEM FUEL TYPE � GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount TOTAL AMOUNT OF BID FOR SECTION ONE: $992,473.28 Normal Delivery Days After Receipt of Order(ARO) 1-2 Day Provides Tank Monitoring Service? Yes °•�coulvT .% °°°•°°°° TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any county action that involves the adoption of a regulation, policy, guideline, court resolution, or order. Project/Regulation Name: Bid No. 2018-057 Annual Contract for Fuel 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 II 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. II. Potential Effect on Private Real Property 1. Does the county action require a physical invasion, occupation or dedication of real property? Yes No �1 2. Does the county action limit or restrict a real property right, even partially or temporarily? Yes No If you answered yes to either question, go to Section III. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. Bid No.2018-057 Annual Contract for Fuel PRIMARY AWARD Secondary Award Martin Eagle Oil Douglass Distributing Denton,TX Sherman,TX SECTION ONE:GASOLINE AND DIESEL FUEL HUB-No COOP-Yes HUB-No COOP-Yes ITEM FUEL TYPE FUEL GRADE LOAD SIZE USAGE Plus/Minus Differential Total Bid Amount Plus/Minus Differential Total Bid Amount 1 Reformulated Regular Transport Load 11671,000 Plus $0.0080 $13,368.0000 Plus $0.0200 $33,420.0000 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 2 Gasoline Regular (4,000 gallons to 7,499 1,197,200 Plus $0.0180 $21,549.6000 Plus $0.0300 $35,916.0000 gallons) Reformulated Tank Wagon Load 3 Gasoline Regular (1,500 gallons to 3,999 416,095 Plus $0.0280 $11,650.6600 Plus $0.0800 $33,287.6000 gallons) 4 Reformulated Regular Short Tank Wagon Load 416,095 Plus $0.0480 $19,972.5600 Plus $0.0800 $33,287.6000 Gasoline (1,499 gallons or less) 5 Reformulated Mid-Grade Transport Load 379,975 Plus $0.0080 $3,039.8000 Plus $0.0200 $7,599.5000 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 6 Gasoline Mid-Grade (4,000 gallons to 7,499 1 Plus $0.0180 $0.0180 Plus $0.0300 $0.0300 gallons) Bid No.2018-057 Annual Contract for Fuel PRIMARY AWARD Secondary Award Martin Eagle Oil Douglass Distributing Denton,TX Sherman,TX SECTION ONE:GASOLINE AND DIESEL FUEL HUB-No COOP-Yes HUB-No COOP-Yes Reformulated Tank Wagon Load 7 Gasoline Mid-Grade (1,500 gallons to 3,999 1 Plus $0.0280 $0.0280 Plus $0.0800 $0.0800 gallons) 8 Reformulated Mid-Grade Short Tank Wagon Load 1 Plus $0.0480 $0.0480 Plus $0.0800 $0.0800 Gasoline (1,499 gallons or less) 9 Reformulated Plus Transport Load 1 Plus $0.0080 $0.0080 Plus $0.0200 $0.0200 Gasoline (7,500 gallons or more) Reformulated Short Transport Load 10 Gasoline Plus (4,000 gallons to 7,499 1 Plus $0.0180 $0.0180 Plus $0.0300 $0.0300 gallons) Reformulated Tank Wagon Load 11 Gasoline Plus (1,500 gallons to 3,999 1 Plus $0.0280 $0.0280 Plus $0.0800 $0.0800 gallons) 12 Reformulated Plus Short Tank Wagon Load 1 Plus $0.0480 $0.0480 Plus $0.0800 $0.0800 Gasoline (1,499 gallons or less) F13 E85 Gasoline E85 Transport Load 50,000 Plus $0.0300 $1,500.0000 Plus $0.0600 $3,000.0000 1 (7,500 gallons or more) Bid No.2018-057 Annual Contract for Fuel PRIMARY AWARD Secondary Award Martin Eagle Oil Douglass Distributing Denton,TX Sherman,TX SECTION ONE:GASOLINE AND DIESEL FUEL HUB-No COOP-Yes HUB-No COOP-Yes Short Transport Load 14 E85 Gasoline E85 (4,000 gallons to 7,499 135,000 Plus $0.0400 $5,400.0000 Plus $0.0900 $12,150.0000 gallons) Tank Wagon Load 15 E85 Gasoline E85 (1,500 gallons to 3,999 15,500 Plus $0.0500 $775.0000 Plus $0.1200 $1,860.0000 gallons) 16 E85 Gasoline E85 Short Tank Wagon Load 15,500 Plus $0.0700 $1,085.0000 Plus $0.1200 $1,860.0000 (1,499 gallons or less) 17 ULSD TxLED No 2 Transport Load 11200,000 Minus ($0.0037) ($4,440.0000) Plus $0.0200 $24,000.0000 Diesel (7,500 gallons or more) ULSD TxLED Short Transport Load 18 Diesel No.2 (4,000 gallons to 7,499 630,000 Plus $0.0063 $3,969.0000 Plus $0.0300 $18,900.0000 gallons) ULSD TxLED Tank Wagon Load 19 Diesel No.2 (1,500 gallons to 3,999 398,350 Plus $0.0163 $6,493.1050 Plus $0.0800 $31,868.0000 gallons) 20 ULSD TxLED No 2 Short Tank Wagon Load 398,350 Plus $0.0363 $14,460.1050 Plus $0.0800 $31,868.0000 Diesel (1,499 gallons or less) Bid No.2018-057 Annual Contract for Fuel PRIMARY AWARD Secondary Award Martin Eagle Oil Douglass Distributing Denton,TX Sherman,TX SECTION ONE:GASOLINE AND DIESEL FUEL HUB-No COOP-Yes HUB-No COOP-Yes 21 Diesel Red-Dyed Transport Load 1 Plus $0.0063 $0.0063 Plus $0.0200 $0.0200 (7,500 gallons or more) Short Transport Load 22 Diesel Red-Dyed (4,000 gallons to 7,499 1 Plus $0.0163 $0.0163 Plus $0.0300 $0.0300 gallons) Tank Wagon Load 23 Diesel Red-Dyed (1,500 gallons to 3,999 163,780 Plus $0.0163 $2,669.6140 Plus $0.0800 $13,102.4000 gallons) 24 Diesel Red-Dyed Short Tank Wagon Load 163,780 Plus $0.0363 $5,945.2140 Plus $0.0800 $13,102.4000 (1,499 gallons or less) TOTAL AMOUNT OF BID FOR SECTION ONE: $107,437.88 $295,221.95 Normal Delivery Days After Receipt of Order(ARO) 1 Day 1 Day Provides Tank Monitoring Service? Yes Yes covNj� REFERENCE NUMBER H "r COMMISSIONERS COURT PACE I or 22 * ` COMMUNICATION DATE: 2/4/2020 SUBJECT: BID NO. 2018-057 - ANNUAL CONTRACT FOR FUEL - COUNTYWIDE - VARIOUS VENDORS -EXERCISE SECOND OPTION FOR RENEWAL - SAME FIRM FIXED PRICES *** CONSENT AGENDA *** COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court approve renewal of Bid No. 2018-057, Annual Contract for Fuel, for the second optional twelve (12) month period at the same firm fixed prices. BACKGROUND: On February 19, 2019, through Court Order #129633, the Commissioners Court approved renewal of Bid No. 2018-057, Annual Contract for Fuel, Countywide, to the following vendors: Primary Martin Eagle Oil Company, Inc. Secondary W. Douglass Distributing The awards were based upon low bid per item and contained options to renew for three (3) additional twelve (12) month periods. The vendors notified Purchasing in writing that their prices will remain firm through April 6, 2021. Transportation Services and the four (4) Maintenance Precincts notified Purchasing in writing that they are pleased with the vendors listed above and want to renew. Therefore, it is the joint recommendation of Transportation Services, the four (4) Maintenance Precincts, and Purchasing that the Commissioners Court approve renewal of Bid No. 2018-057, Annual Contract for Fuel, for another twelve (12) month period. FISCAL IMPACT: Expenses for last year were approximately $1,134,582.43. Orders placed are on an as-needed basis. Thirty-eight (38) government entities currently utilize this bid. SUBMITTED BY: Purchasing PREPARED BY: Brandie Bingham,CPPB t1 APPROVED BY: Ex +eearss CoU1V r3 _ e e`Ors soo+°r TlS® RANT COUNTY Y PURCHASING DEPARTMENT JACK BEACHAM,C.P.VL,A.P.P. MELISSA LEE,C.P.M.,A.P.P. PURCHASING AGENT ASSISTANT PURCHASING AGENT December 9, 2019 Martin Eagle Oil Company Phillip Childers 2700 James St. Denton,TX 76205 Re: BID No.2018-057—Annual Contract for Fuel Dear Mr. Childers: Referenced bid was awarded for twelve(12)months with three(3)options to renew for additional twelve(12)months each. The original contract was for the period of April 7,2018 through April 6,2019. The effective dates for the second renewal option will run from April 7,2020 through April 6,2021. Tarrant County Purchasing Department hereby extends an invitation to Industrial Martin Eagle Oil Company to accept the first option for an additional one(1)year period as a primary vendor for this bid as awarded on February 27, 2018. Please mark the appropriate response below and provide your signature. All prices must remain firm for the Option Renewal period through April 6,2021. { Yes, Martin Eagle Oil Company will accept the offer to extend the same contract pricing and discounts through April 6, 2021. (Please include a current year 1295 Form) (__j No, Martin Eagle Oil Company will NOT accept the offer to eaten 4e same contract pricing and discounts through April 6, 2021. Are any other governmental entities currently utilizing this contract? Yes No If yes, please include a listing of the participating entities with this letter. Please email your signed response. Sincerely, Brandie Bingham, CPPB,Senior Buyer L'TP'. Tarrant County Signature P 817-884-3246 F 817-212-3043 E bib ing ham(altarrantcounty.com Printed Name&Title Go +�Op T • 1 T0� TA.RRANT COUNTY PURCIIASING DEPAR'rMEN'I' JACK BEACHAM,C.P.M.,A.P.P. MELISSA LEE,C.P.M.,A.P.1). PURCHASING AGENT ASSISTANT PURCHASING AGENT December 9, 2019 W. Douglass Distributing Tracy Copeland 325 E. Forest Avenue Sherman,TX 75090 Re: BID No. 2018-057—Annual Contract for Fuel Dear Ms. Copeland: Referenced bid was awarded for twelve(12)months with three(3)options to renew for additional twelve(12)months each. The original contract was for the period of April 7, 2018 through April 6,2019. The effective dates for the second renewal option will run from April 7, 2020 through April 6, 2021. Tarrant County Purchasing Department hereby extends an invitation to Industrial W. Douglass Distributing to accept the first option for an additional one(1)year period as a secondary vendor for this bid as awarded on February 27, 2018. Please mark the appropriate response below and provide your signature. All prices must remain firm for the Optional Renewal period through April 6, 2021. ( V )Yes,W. Douglass Distributing will accept the offer to extend the same contract pricing and discounts through April 6, 2021. (Please include a current year 1295 Form) (�No,W. Douglass Distributing will NOT accept the offer to extend the same contract pricing and discounts through April 6, 2021. Are any other governmental entities currently utilizing this contract? ✓ Yes No If yes, please include a listing of the participating entities with this letter. Please email your signed response. + Sincerely, Brandie Bingham, CPPB, Senior Buyer Tarrant County Signatur_J, P 817-884-3246 F 817-212-3043 '� E bibingham(a7tarrantcounty.com Printed Name&Title,- Tarrant County Contract Location Addison,Town of _ Allen,City of Azle,City of Carrollton,City of Carrollton Farmers Branch ISD Cedar Hill, City of Colony, City of the Coppell,City of Coppell ISD Denton County Desoto, City of Duncanville, City of Euless,City of Farmers Branch,City of Flower Mound,Town of Frisco,City of Garland,City of Grand Prairie, City of Grapevine,City of HEB ISD Johnson County Lancaster, City of Lewisville, City of Lewisville ISD Little Elm,Town of Mesquite, City of North Richland Hills,City of Northwest ISD Plano,City of Richardson,City of Rockwall ISD Sanger lSD Tarrant County 911 District Tarrant County Purchasing Tarrant Regional Water District University of Texas at Arlington Upper Trinity Reg Water-Dist White Settlement ISD C) C) 0 0 0 C) 0 0 0 0 CD (D LO 0 0 0 6 (6 rl� r': 6 cir) co co 0 00 CF) E m C14 N LO CD C) C) < vi xi V Co r-: 64 GS Gp? co co co co co 69- a) 6g 69 69. 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Project/Regulation Name: Bid No. 2018-057 Annual Contract for Fuel 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 II and III below. 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. ll. Potential Effect on Private Real Property 1. Does the county action require a physical invasion, occupation or dedication of real property? Yes No 2. Does the county action limit or restrict a real property right, even partially or temporarily? Yes No If you answered yes to either question, go to Section III. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. LWentureFinding a better way ml March 2, 2020 Dear Martin Eagle Oil Customer, U.S. Venture, through its U.S. Oil division, has reached an agreement to acquire the wholesale fuel and transportation assets of Martin Eagle Oil Company. U.S. Oil is excited to have Martin Eagle associates joining the team and supporting U.S. Oil's efforts to continue to provide Martin Eagle's customers excellent service and support. We are providing this letter to introduce U.S. Oil, and to assure you that U.S. Oil will be taking assignment of any fuel supply obligations that Martin Eagle and will offer the same fuel services and pricing that Martin Eagle is obligated to provide for the remainder of any contract(s) and/or any extensions that may be granted by you. We anticipate the transaction closing to occur on or before March 31, 2020. A separate communication will be sent to notify you of the official transition date. U.S. Venture is a family owned corporation headquartered in Appleton, Wisconsin. We started in 1951 and do business throughout the United States, Canada and Mexico. We have six primary operating divisions: U.S. Oil, U.S. AutoForce, U.S. Lubricants, U.S. Gain, Breakthrough and lGen. Our approximately 2,500 team members are working every day to deliver our company vision to be the very best provider of transportation products and insight driving the world forward. U.S. Oil is an integrated supply, marketing and logistics division focused on branded and unbranded fuel distribution and terminal ownership and operations. We are serious and vigilant when it comes to the safety of our people, property and the environment. U.S. Oil has a strong presence in the state of Texas and the Dallas-Fort Worth market. We own and operate fuel terminals across the state, including Fort Worth to complement our supply, marketing and distribution capabilities in the area. We operate our business with four (4) Differentiating Values in mind: Entrepreneurial Spirit, Caring Relationships, High Performance, and Strategic Foresight. We are a family- minded company and believe in contributing to the communities we serve. All of this is how we promise "Finding a Better Way". We look forward to continuing Martin Eagle's strong legacy of serving its customers and their needs. In advance of the transition, please find attached the following forms to be completed, if applicable, and returned to U.S. Oil for continued tax-exempt status, access to dyed diesel products and customer W-9. Please complete and return the forms to U.S. Oil by March 9, 2020. The forms can be returned via e-mail to taxteam@usventure.com or via fax to 920-423-6407. The attached forms are: Al �'` �... — 14 ,� OW _ m U.S.Vesture,Inc.-425 Seiter way-Appleton,wl 54915 a genatalinlc ru9venlute.com 920.739.6101p®920.7R8.9531f a naventure.carn March 2, 2020 Page Two ® TX End User Signed Statement for Dyed Diesel —Required to be completed by the State of TX for the sale of dyed diesel a IRS Model Certificate M, Certificate of State Use—Allows for gasoline fuel tax exemption for sales to state and local government customers ® IRS Model Certificate P, Certificate of State Use—Allows for diesel fuel tax exemption for sales to state and local government customers • W-9 form to be completed by customers In anticipation of the transition, please contact U.S. Oil with any of your questions or vendor setup requirements. Please contact Shelly Zeinert at 920-450-0058 or szeinert(o).usoil.com with any vendor setup questions. Attached, you will find our W-9, ACH instructions and EFT authorization form. Please return EFT forms, if applicable, to creditinfo(cb.usoil.com or by fax to 920-243-5752 by March 9, 2020. Please continue to contact Martin Eagle Oil for any of your questions prior to closing. Upon closing of the transaction, U.S. Oil will become your point of contact for your account questions. Upon closing, please contact U.S_ Oil at the following for any questions you may have on your account. e Customer Service— 800-876-4526 (1-800-USOILCO) m Billing —800-876-4526 (1-800-USOILCO) • Dispatch—800-876-4526 (1-800-USOILCO), or Carroll Enderby at 903-821-6133 ® Sales—Corky Childers at 817-239-9973 U.S. Oil is excited to welcome Martin Eagle Oil Company's customers. We look forward to servicing your accounts! Sincerely, U-IS)VJsNTRE, IN Er Kch President, U.S. Oil Lffenture Finding a better Way April 13, 2020 Dear Martin Eagle Oil Customer, As we indicated in our correspondence on March 2nd, U.S. Oil, a division of U.S. Venture, announced it would be acquiring the wholesale fuel and transportation assets of Martin Eagle Oil. We are happy to inform you that the closing will be completed on April 20, 2020. In anticipation of the transition to U.S. Oil, please continue to contact Shelly Zeinert at 920-450-0058 or szeinertusoil.com with any questions, or for your vendor setup requirements. Upon closing U.S. Oil will become your point of contact for your account questions. We can be reached at any of the following... - Customer Service: 800-876-4526 (800-USOILCO) - Billing: 800-876-4526 (800-USOILCO) - Dispatch: 800-876-4526 (800-USOILCO), or Carroll Enderby (903-821-6133) or email dborders@usoil.com - Sales: Corky Childers (817-239-9973) We appreciate your efforts in working towards the completion of this transaction. U.S. Oil is excited to welcome you to our family! Sincerely, U.S. Venture Inc. Eric Kessenich President, U.S. Oil 1 � ... � a� ...� tllm6 , �ti�.,N�.�.�.. r,,,,,, ," MI Vmi lfu .. pumomom.. I U1.5,Venture,II .-425 Better Way-JT ppoletonq,VW 54915 mv gei,ierailliijifooN9syenituulfm,.cmi 920.739.6110111111 92.01,.788.0, 1 -uusvenituulfexom Sharon Nagao From: Zane Ryan Sent: Wednesday,April 22, 2020 1:27 PM To: Sharon Nagao Subject: Martin Eagle Completed Sale Here you go. U .S. Venture rti Eagle's rci I, Transportation Businesses Oil Express by OPIS Tuesday, April 21 , 2020 U.S. Venture Inc. has acquired Martin Eagle Oil Co.'s municipal and commercial fuels businesses and its transportation affiliate, Southwest Transport Co., for undisclosed terms, according to an announcement from Matrix Capital Markets Group Inc., which advised Martin Eagle. Martin Eagle Oil, based in Denton, Texas, distributes fuels primarily in the Dallas-Fort Worth area and north-central Texas. It continues to own a chain of 19 company-operated gas stations and to supply 45 additional gas stations. U.S. Venture, based in Appleton, Wis., distributes energy, automotive and lubricant products throughout North America. Martin Eagle, a second-generation family business, was founded in 1963 by Cecil "Zeke" Martin with a single Shamrock-branded store. Zeke Martin's sons, Stephen "Steve" Martin, president of operations, and Gary Martin, president of real estate, now run the company, according to the announcement. "We wanted to sell the commercial, municipal and transportation portion of the business to invest in our retail business," Steve Martin told OPIS. Martin Eagle distributes unbranded and branded fuel, including ALON, Conoco, Phillips 66, Gulf, Shell, Sinclair, Valero, VP Racing Fuel, and Quick Track, according to its website. --Reporting by Donna Harris, dharris@opisnet.com; Editing by Barbara Chuck, bchuck@opisnet.com Copyright, Oil Price Information Service i COMMISSIONERS COURT PAGE I OF 4 COMMUNICATION DATE': 4/28/2020 SUBJECT: ACC NOWI.I±D(,EAII�I N'T +IMF u`+OT F ICATIOI N O ACQUI I I'I+[ N ANI) "VENDOR NAMES CHANGE OF MARTIN EAGLE 011, CCIIM PANY "I O U.S. "VENTURE, INC.. D/B/A U.S. OIL CONSENT' AGENDA COMMISSIONERS +C'C➢URT ACTION REQUESTED: It is requested that the Commissioners Court acknowledge notification of the acquisition and vendor name change of Martin Eagle Coil Company to U.S. Venture, Inc. Alfa/a U.S. Oil. BACKGROUND: On February 4, 2020, through Court. Order 41220179, the Commissioners Court approved renewal of Bid No. 2018-057, Annual Contract for Fuel, Countywide, to the following vendors: Primary Martina Eagle tail Company Secondary Douglass Distributing Tar-rant County received notification of the acquisition and vendor name change from Martin Eagle Oil Company to U.S. `Denture, Inc. d/b/a U.S.. Oil, effective March 20, 2020 U.S. Venture, Inc. d/b/a U.S. Coil agreed in writing to Donor all pricing and terms and conditions in the original contract, FISCAL :IMPACT: There is no fiscal impact associated with this item.. "UtIN41 C7 D t3Y: Purchasing PREPARED ISE;f.) BY: E3raneEic Bingham,C°E111E3 APPROVED BY: i . TAR RANT COUNTY PURCHASING DEPARTMENT JACK BEACHAM,C.P.M.,A.P.P. MELISSA LEE,C.P.M.,A.P.P. PURCHASINGAGENT ASSISTANT PURCHASING AGENT Date. April 3,2020 Company., U.S. Oil, a division of U.S.Venture, Inc. Kevin Olson,Vice President kolson@usoil.com From: Brandie Bingham, CPPB,SeniorBuyer Re: ContractAssumptionandNameChangeforRF8201"57,AnnualContractforFuel Tarrant County Purchasing has been notified that U.S.Oil, a division of U.S. Venture, Inc., has purchased certain assets of Martin Eagle Oil Company,which includes the Annual Contract for Fuel referred to above. Because the above-mentioned contract was awarded in Commissioners Court to Martin Eagle Oil Company,Commissioners Court must approvethe change to updatethe county records. Does U.S. Oil, a division of U.S.Venture,Inc.,agree to continue with the current arrangement with Tarrant County, honoring all pricing,terms and conditions as set forth in the original contract? If you accept then check the appropriate box below.Please include a certificate of insurance with the company name and other forms as required in the original bid document when returning this letter. Thank you for your prompt attention to this so that service may not be disrupted. Yes,I wish to continue this contract at the sameterms and conditions as the original award. No, I do not wish to continue this contract at the same terms and condition as the original award Effective Date of ContractAssumption and Name Change: March 20, 2020 Authorized Company Representative:U.S.Oil,a division of U.S.Venture,Inc. U.S.Vent�11- Reviewed By.Dle 4:34 pm,Apr20 202f1 Elyse Mollner 5tackhouse Legal Department .2020 04.20163531 -05'00' _Secretary ,_March 20,2020 NAME(SIGNATURE) TITLE DATE _Elyse Moll ner Stackhouse PRINTED NAME MEMORANDUM OF ASSET PURCHASE AGREEMENT This MEMORANDUM OF ASSET PURCHASE AGREEMENT (this "Memorandum"), is made on this the l st day of April, 2020, by and between MARTIN L'AGLE OIL COMPANY, a Texas corporation, (hereinafter called "Seller") and US. VENTURII, INC., a Wisconsin corporation (hereinafter called "Buyer'). Tarrant County, Texas ("Tarrant"), previously awarded Bid No. 2018-057 to Seller, which is an annual contract for the supply of fuel to Tarrant, with three(3)options to renew for additional one year periods each. The first year commenced April 7, 2018 and is on its first renewal period ("Tarrant Agreement"). In consideration of the executed Asset Purchase Agreement by and among Buyer, Seller and others, dated as of February 4, 2020 (the "Purchase Agreement"), which is in the possession of each of the parties hereto, Seller has agreed to sell and assign to Buyer, and Buyer has agreed to purchase and assume from Seller, the Purchased Assets and Assumed Liabilities, Buyer and Seller intend and desire to include among the Purchased Assets and Assumed Liabilities all of Seller's right, title and interest in, to and under the Tarrant Agreement. On March 19, 2020, a Tarrant County Judge consented to the assignment of the Tan-ant Agreement from Seller to Buyer. Reference is hereby made to the Purchase Agreement for a complete statement of the rights and obligations of the Seller and Buyer, respectively. All initially capitalized, non-grammatical words used herein but not defined herein shall have the meaning ascribed thereto in the Purchase Agreement, In the event of any discrepancy, conflict or ambiguity between the terms or provisions of this Memorandum and the terms or provisions of the Purchase Agreement, the terms and provisions of the Purchase Agreement shall govern and control. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Asset Purchase Agreement as of the date and year fast written above. Seller: MARTIN EA 1 OIL COMPANY, a Te ' n By: Name:9Tl y RAM Y\ Title: _ k . Buyer: U.S.VENTURIJ, INC., a Wisconsin corporation 57„p,?)Z,� Elyse Mollner SUtftouse By: �" "dam-2020.04.01 1433:42-05'00' Name: _Elyse Moliner Stackhouse RevlewedB `013 Reviewed 8y:DP Title: Secretary 131 Wm,Apt01 220:10 Legal Oepaamais MEMORANDUM of AsslEr PURCHASE AMEEMETiT r rr�r^yrryrirr0 r Wr 1�/0 r r r f rrr.rrrr`rr' TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any county action that involves the adoption of a regulation, policy, guideline„ court resolution or order. ACKNOWLEDGEMENT OF NOTIFICATION OF AcQUISITION AND VENDOR Project/Regulation Name: NAME CHANGE OF MARTIN EAGLE OIL.TO U.S. VENTURE D/B/A U.S. OIL County Department: PURCHASING, Contact Person: ,hack 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 II and III belo *��#i4�.ik*&#'k:MY!M'k:4 kf:Y:4:M It:4 k k**i...k.A.#*r R:t akk*ik iK tie ak.q.#*ir*:k*k*d:4:F**k:4 led.°Ir'k r r4 W J:'$r�**+Arvl'krt A'A:'At 3Y rl rt'Y'J.,k s&k k 4e�at�k aH nH sk:1°Ye'k'k^k'k•7r.'k'fi"h"k•R` I. Stated Purpose Attach to this, checklist an explanation of the purpose of the regulation, policy, guideline, court resolution or order. r.L k icYe�&fe ie^kfe;k;N:N°h°k l+°k sk dr M;,k.k�r;k F k it,t#k Nrak*du ds de 9e dY ak ak r k^i^r sk drlr vF«k:M.k k yc 4r d:^k^k;k#i;k dr ak rV*dr d:;fi s4 ieik,&,aFGtdekde 4;4a4°dk iF k�***3<*ak le di'**dr*lr..ds dr lydr*lr;h Note The remainder of this Takings Impact Assessment Checklist should be completed in consultation with the Criminal District Attorney°s Office. II. Potential Effect on Private Real l Property 1. Goes the county action require a physical invasion, occupation or dedication of real property"? Yes No . Does the county action limit or restrict a real property right, even partially or temporarily? Yes No If you answered yes to either question, go to Section III. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: SUP 2020-02, Ordinance No. 3646, Public hearing and consideration of a request from Sunfinity Renewable Energy LLC for a special use permit for a ground mounted solar array at 7325 Chapman Drive, being 1.911 acres described as Lot 13, Block 1, Morgan Meadows. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Russell Wood, Sunfinity Renewable Energy LLC is requesting a special use permit for a ground mounted solar array on 1.911 acres located at 7325 Chapman Drive. GENERAL DESCRIPTION: The property is located on the north side of Chapman Drive between Little Ranch Road and Matador Ranch Road. The site is across the street from Richfield Park. The property has approximately 199 feet of frontage on Chapman Drive and is approximately 425 feet deep. The applicant proposes to construct a ground mounted solar array in the rear yard of the property. Exhibits for the proposed special use permit are attached. Planned improvements to the property include a 7 ground mounted solar array and P' associated equipment. The solar array "r � "s covers approximately 964 square feet and is 7 feet-2 inches tall at its highest point. The solar array has side setbacks of 44 feet from the west property line, 97 feet r from the east property line, and 110 feet from the rear property line. a " The proposed conditions of approval for k,ff ' this special use permit are attached. The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. These conditions are based on the applicant's proposed development of the property, and include the items described in detail below. Ground mounted solar arrays are subject to the general standards and requirements for permanent accessory buildings and structures as described in Section 118 11 of the "K NOKTH KICHLAND HILLS zoning ordinance. For lots greater than 40,000 square feet in area, the zoning ordinance allows for consideration of a special use permit for varying from specific development standards, as described in the table below. r • rs ®r ®• • r • • Maximum number of structures allowed Two structures One permanent accessory 0 existing detached garage building/structure per lot proposed ground mounted solar array Maximum floor area 2,446 SF total floor area 2.5%of lot area (2,081 SF) 0 1,482 SF existing detached garage ■ 964 SF ground mounted solar array Ground mounted solar arrays are required to be screened from adjacent properties with an opaque fence. To meet this requirement, the Development Review Committee (DRC) is recommending that the fence facing Chapman Drive be replaced or the height increased so that it is at least the height of the solar array. If the fence is not increased in height, screening shrubs may also be planted on either side of the fence on the west side of the house. The shrubs should be an evergreen species and a minimum 7-10 gallon size and planted approximately eight feet apart so that within three years a solid hedgerow at least seven feet in height is established. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as Residential Estate. This designation promotes neighborhoods defined by larger single-family lots and homes at a density less than two (2) units per acre. These neighborhoods are characterized by large lots, rural street design, estate-style fencing, barns, and livestock. These properties address a specific market niche and add to the diverse mix of housing and lot options for the community. Transitional densities and lot sizes of 13,000 square feet or more may be appropriate when adjacent to Major Collector roadways and existing conventional suburban residential neighborhoods. New development should be sensitive to the surrounding context in scale and form and be designed to reflect a contiguous and seamless growth pattern that avoids fragmented and disconnected development. The Vision203O Transportation Plan defines Major Collector roadways. CURRENT ZONING: The property is currently zoned R-1-S Special Single-Family. The R-1-S district is intended to provide areas for very low density development of single- family detached dwelling units which are constructed at an approximate density of one unit per acre in a quasi-rural setting. The R-1-S district is specifically planned to allow for the keeping of livestock in a residential setting. SURROUNDING ZONING ( LAND USE: NORTH R-1-S Special Single-Family Residential Estate Single-family residence "K NOKTH KICHLAND HILLS WEST AG Agricultural Low Density Residential Single-family residence SOUTH R-3 Single-Family Residential Parks/Open Space Richfield Park EAST R-1-S Special Single-Family Residential Estate Single-family residence PLAT STATUS: The property is platted as Lot 13, Block 1, Morgan Meadows. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this item at the May 7, 2020, meeting. If the Commission issues a recommendation to City Council, staff will brief City Council of their recommendation at the May 11, 2020, meeting. RECOMMENDATION: Approve Ordinance No. 3646. FLYING"H"RANCH o; c _ NORTH FORTY .... T ....... ....... ......... O ........ ........ ..... SWENSON RANCH w x ILL ...... V .... Z 0 w x CHIMNEY p x 0 x CREEK x QR�q�Yp4RN NAPMAN EDINBURG' CINDY JAMIE RENEE Lr O ROMFORD m FRANCES SEAN Prepared by Planning 4/16/2020 N DISCLAIMER:This product Is for Informational purposes and may not ^ have been prepared for or be suitable for legal,engineering,or surveying Feet purposes.it does not represent an on-the-ground survey and represents 0 725 250 500 750 7.,000 only the approximate relative location of property boundaries. r II r r f A �I r s e. T i/ r.,, �Jr rnrviri�I/ rri�/r� ro�rr rrr / >i /- !,� ii �; rr, r, kris rs /ir r;f !; Jr •✓r,. ✓ "�/ war y �r I V V I�I ! rnsr Prepared by Planning 4/16/2020 N DISCLAIMER:This product Is for Informational purposes and may not ^ have been prepared for or be suitable for legal,engineering,or surveying Feet purposes.it does not represent an on-the-ground survey and represents 0 725 250 500 750 7.,000 only the approximate relative location of property boundaries. k4FItH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: SUP 2020-02 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Sunfinity Renewable Energy LLC LOCATION 7325 Chapman Drive REQUEST Public hearing and consideration of a request from Sunfinity Renewable Energy LLC for a special use permit for a ground mounted solar array at 7325 Chapman Drive, being 1.911 acres described as Lot 13, Block 1, Morgan Meadows. DESCRIPTION Proposed ground mounted solar panel array in the rear yard PUBLIC HEARING DATES Planning and Zoning Commission 6:00 PM Thursday, May 7, 2020 City Council 6:00 PM Monday, May 11, 2020 MEETING LOCATION In compliance with the Texas Open Meetings Act fS IIIIIII III "'llll and in accordance with Section 418.016 of the The enclosed flyer contains information Texas Government Code and such action issued by bout viewing and participating In the the Governor of Texas on March 16, 2020, the a g p p g North Richland Hills City Council and Planning and meeting in light of COVID-19 Zoning Commission will conduct their regular meetings via telephone and video conference. 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 FLYING"H"RANCH NORTH FORTY 0 SWENSON RANCH Uj U. z CHIMNEY 0 0 X CREEK W z NAPMAN ED�INBURG CINDY JAMIE RENEE RbMFORD FRANCES SEAN co 'CO" OR pv, v/urnam; W Now'Wa—NWB-3 15 Modules (Typical o4581 rr P/1 00 w�IrAemet Connected,Enonade 107 60 2-US Mlcra Inverters 4/1 ///,,"/,, , (Typcol f56) Matl U Rae 1,1,01-1 ted using of.-y pp—an,st.ly T-2"bill l ffrrrr lj Alfi w Mld1 vA 7 z 210 fact t8.aihfg Ista1 depth— , 43' L Ng alnel, .d �r1ir,tall a—HVAU 3 4'Ovom Alify Meter) Is A (Extenervi.,11) Exelin bliiV Me jo bl"Am vMl Envq}s 44, A Ex tiN opaque fence, 8' 'P, .......... —,n,n,h.ght If f 5 lr 1 "A AV ,J)"nof, W d UP Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS SUP 2020-02 BERNDT, DALE 6725 LITTLE RANCH RD NORTH RICHLAND HILLS TX 76182 HAMILTON, BENJAMIN P 7301 CHAPMAN DR NORTH RICHLAND HILLS TX 76182 KENNEDY,JAY 6717 LITTLE RANCH RD NORTH RICH LAND HILLS TX 76182 MORGAN, LEO 7317 CHAPMAN DR NORTH RICH LAND HILLS TX 76182 SAKOVICH,JOHN MARK 7333 CHAPMAN DR NORTH RICHLAND HILLS TX 76182 WOOD, RUSSELL 7325 CHAPMAN DR NORTH RICH LAND HILLS TX 76182 ORDINANCE NO. 3646 SPECIAL USE PERMIT CASE SUP 2020-02 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 APPROVING A SPECIAL USE PERMIT FOR A GROUND MOUNTED SOLAR ARRAY LOCATED AT 7325 CHAPMAN DRIVE; 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 the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 1.911 acres of land located at 7325 Chapman Drive (the "Property") has filed an application for a special use permit to construct a ground mounted solar array; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on May 7, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 11, 2020, with respect to the special use permit described herein; and Ordinance No. 3646 SUP 2020-02 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 ground mounted solar array on Lot 13, Block 1, Morgan Meadows, commonly referred to as 7325 Chapman 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 Special Use Permit 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 Director 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: 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. Ordinance No. 3646 SUP 2020-02 Page 2 of 4 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. PASSED AND APPROVED on the 11th day of May, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3646 SUP 2020-02 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3646 SUP 2020-02 Page 4 of 4 Exhibit A— Property Description —Ordinance No. 3646—Page 1 of 1 Special Use Permit Case SUP 2020-02 Lot 13, Block 1, Morgan Meadows 7325 Chapman Drive, North Richland Hills,Texas Being Lot 13, Block 1, Morgan Meadows, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-13, Page 50, Plat Records,Tarrant County,Texas. Exhibit B— Land Use and Development Regulations —Ordinance No. 3646— Page 1 of 1 Special Use Permit Case SUP 2020-02 Lot 13, Block 1, Morgan Meadows 7325 Chapman 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 R-1-S Special Single-Family. 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) ground mounted solar array on the property. B. Ground mounted solar array standards. The ground mounted solar array must comply with the standards described below. 1. The location of the solar array and ancillary equipment shall be as shown on the site plan attached as Exhibit "C." 2. The solar array must comply with the standards contained in Section 118- 718(f)(2) of the zoning ordinance. C. Site development standards.The site development must comply with the standards described below. 1. The privacy fence facing Chapman Drive must be replaced or increased in height so that it is at least the height of the solar array. 2. If the fence is not increased in height, screening shrubs must be planted on either side of the fence on the west side of the house. The shrubs must be an evergreen species and a minimum 7-10 gallon size. The shrubs must be planted approximately eight feet apart so that within three years a solid hedgerow at least seven feet in height is established. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit (SUP) 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 approved the SUP. The city manager or designee may approve minor amendments or revisions to the SUP 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. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page i of 15 18.27 kW (DC) GROUND MOUNTED PV ARRAY FOR THE WOOD RESIDENCE ROOF INFO: 'r AZIMUTH:180' TILT:20° a. <.,.... TYPE:Ground Mount YEAR BUILT:1958 "IJ2J chepn�an urlve Llc. 2 Exp.03505/23/202020 SunfiniA Sala,-TX LLC SCOPE OF WORK: 17300 Dauas Pkwy, Ste 2020 System composed of: Dallas,TX75248 2 strings of 14,2 strings of 15 Trina TSM-310-DD05H.05(II)modules. Iv,1!Lj c...,�Y Des, &DrrrengBy_ H ans Magg10 Each module connected to one(1)Enphase IQ7-60-2-US Micro-Inverters. NA"'" 58 modules and micro-inverters total. e°y" PVDS123019-02s24 Ivvtnzo FeonINr;;F BILL OF MATERIAL vdarer Gads� 58 TRINATSM-310-DD05H.05(II)MODULES Vicinity Map: 58 ENPHASE IQ7-60-2-US MICRO-INVERTERS BILL OF MATERIAL-RACKING a $ 24 XR-1000-204A XR1000,Rail 204"(17 Feet)Clear N 144 UFO-CL-01-At Universal Module Clamp,Clear 48 UFO-STP-35MM-Mt Stopper Sleeve,40MM,Mill 0 1 XR-LUG-03-At Grounding Lug,Low Profile Sheet List Table Inspections Required 10 70-0300SGA SGA Top Cap at 3" Sheet Number Sheet Title Type Date -0 0 48 GM-BRC-003 Ground Mount Bonded Rail Connector 3" U O ^�I 1 Title Page Electrical Rough z -- 2 Site Plan Framing LIE o U lo1, 3 Mounting Plan Electrical Final W D o` MSP Requirements:Line Side Tap with 80A with Fused AC Disconnect 4 Structural Building Final Lu T E o s NEB 5 Equipment Elevation 6 Single Line Drawing >O Cl!a v 7 Module > d m,n z L GENERAL NOTES: 8 Inverter -- Na ReYisionnssae Dare i. ALL COMPONENYS ARETEM WILL LISTED BAND NECD CERTIFIEDCC .N ERE WARRANTED. 9 Combiner Box z. THE sown Pv SYSTEM wLLBE INSTALLED IN ACCORDANCE WITH ARTICLE sss of THE 2017 NEC AND zsrs lRc. 3. NMERE METALLIC CONDUIT CONTAINING DO CONDUCTORS IS USED INSIDE THE BUILDING.IT SHALL BE IDENTIFIED AS"CAUTION.SOLAR 10 Comm.Gate GIRGUIT"EVERY LOFT. wa y 4. ADCDIscoNNECTNG MEANS SHALL BE INSTALLED ATA READILY ACCESSIBLE LOCATION ETHER OUTSIDE OF THE BUILDING OR STRUCTURE 11 Mounting Type �µII�I Date_ OR INSIDE NEAREST POINT OF ENTRANCE OF THE SYSTEM C1ONDUCTORs.. mill I II 4/8/2020 5. HEIGHT OF THE INTEGRATED AG/DG DISCONNECT SHALL NOT EXCEED 9'-T'PER NEC CODE zoo.24. 12 Mounting&Grounding w° wp li iu scale_ s. A GROUNDING ELECTRODE SYSTEM IN ACCORDANCE wTH NEC S50.47 AND 25.50 THROUGH SO AND 250-166 SHALL BE PROVIDED.PER NEC N/A GROUNDING ELECTRODE SYSTEM of EXISTING BUILDING MAY BE USED AND BONDED TO THE SERVICE ENTRANCE IF EXISTING SYSTEM Is 13 AC Disconnect PV Design Specialist Drawn ey - INAccEssIBLEORINADEQUATEAsuPPLEMENTALGRouNDINGELECTRODEwLLBEusEDATTHEINVERTERLocATIONcoNSISTINGOFAUL - HJM LISTED 8 FT GROUND ROD wTH ACORN CLAMP.GROUNDING ELECTRODE CONDUCTORS SHALL BE NO LESS THAN#EA—AND NO LARGER 14 Labels , M Tdle: THAN.A WG COPPER AND BONDED TO THE EXISTING GROUNDING ELECTRODE TO PROVIDE FOR A COMPLETE SYSTEM. 7 PHOTOVOLTAIC MODULES ARE TO BE CONSIDERED NON-COMBUSTIBLE. 8. PH OTOVOLTAIC INSTALLAT ON WILL NOT OBSTRUCT ANY PLUMBING.MECHANICAL.OR BUILDING ROOF VENTS. CASE SUP:2020-02 sheer_1-Title Page 1 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 2 of 15 rr�,uu /i %�/(J iW II° �l�o ,Jl� y r ;%r� r 7�/ Iran/Ir � ,� �/ ,�n�/r J1 j ✓i / "r >; / wiunm4�''' lu,. T �a, 1 ;all r '/r, /,/a/ai//,/, ;,u- 1.:. / // / ,, / / / r✓✓;.:atl ( „r��,,,, ,,,,;,�. ,,,�//�// ... ," ,// J1,rr,//," J .J / nr� (.,,,,I //,<i di / / / // M' � .�,,,„� ,�, I/ �,//�/ �l / i/// ,:.rl//iOi>(A i05 Newwaaree WSMB 315 Modules , 0 AExLIc03/23JA �2020 (TYPical of58) / / Suns rery Solar Tx uC w!Internet Connected,Enphase IQ7-60-2 US Micro Inverters , 17300 Dallas PkM, (Typical of 58) l" /' / sre.zozo g g �f DallasTx712aa Modules mounted usin Ironl d e I l / / Momtonn via Intemet 11 Des-n a Drafrin E '1L1 g Hans Maggio Y ' Top of array approximately 7'-2 tall Na CEP ,,r/�/ /D ✓ �/% /�r/ I ,r,JN.� r ,�✓1..,,�, ,i� 0011 ,;,, �„ Approx.210 foot trenching dist dance epth ,A N65 �/ / .6mmw ruJm r J%,,; ,l I, ✓ J 4 3,:. r:, Visible,Lockable Labeled ,� �;, ;/ f" � s�; f V%� '"° �'" "" / �"� ;% /� /" coo r r, /LIII I, / V / Il °"'il 9 1 J ,'''"r s= Bladed AC Disconnect (��l i`/ /r� l �� lJ„q� W Do Not Install Above HVAC ( xEGi A roximatel 4'from Ufili Meter PP v b /oi Existing MSP V/// (ExtenorWall) , '` �J��r�/ % ¢,� a,/// �,':; �n0 pz� „�91 r c,f,rglJJO W Existing Uhlny Meter a/✓c��/ , �/fr'.; r /�. // H vo, .-r�/,p, /� / %, E2 ° - � � J' s � � U/J ;*/Ji /J � r „////�1� 6.: / O r o�.. Combiner Box w/EnvoYS / ! J, !/ -//�/11 r�n°° ///, ( ��- 5 Q—°' � / � rIY ' �,l N �f� � �! �, ,11 Exis z a` ��/ 1 minimum height �;,,:,�/ � fJ J" i� � of / / �/ /J�1% /�/ f / t /� i / « rl ,: Dare: (�,a� / ��%,,, „„ i/ / %i % 312020 / ra" ,o„ ,� �� % ��/// % fr/ y,,,,J,,, ,,,,,,,,;,,,9 r(� / ',;; - i� ," ,%Ill ii 1G. '/: Oraw,er HdM �ll %;, /i % (� / % 1 % �� / - - �""� '' "' vv comae waaree wsmaais 2-Site Plan Eapnase —(1—) 58sheet comtiaereox E,phe x a A ao , /7 L ._ 206' ce I TGN3223R Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 3 of 15 ;YR ME RIN Lic.#32505 Exp.03/23/2020 SunfiniN sour-TX LLC 17360 Della.PkM, r..3r p vc a aorva osE 7325 Cr<pII a vt 1115 11........-..1,vE aosE Sta 2626 Del le.,TX 75248 D—g,8 D`af,,g By Hon.Meggia NABCEP: PVDS123619-023624 fl /-,III m ] J� (� ro p M f g r w� LU �o m z o ^�i LU CJ xo. U)0 v Io Tom= Q—A �r _.. 0 N> uoimU�Ti on�r2 Na Revision/Issue Data Date_ 4/8/2020 scale: 1,l=10, Drawn By: HJM Tale 3-Mounting Detail shut 3 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 4 of 15 it ' r / rrlr/0'�iu GG M ERIN EXISTING UTILITY METER'- ME , ETEER'm�u��twW�3��n»��lJlf�1ff,��// /0 �/ Lic.#32505 // j f Exp.03/23/2020 � /�/// / EXISTING MAINrPANEL'r Sunfn solar TX LAC l/" NEW AC COMBINER BOX ry '��r// W/ENVOY S 1]300 Dallas Pkwy, LOCATED sre.20 f DO NOT INSTALL ABOVE HVAC Dallas TX 75]5248 /%///%%�/i /i/%/ /i/ria oesN��a o�.grg'.ey: Pwsizsoie-0zasza / 0 0 3 MIN HEIGHT /� ,',u�,b 2 w BLADED 7/ DISCONNECT TALL ABOVE HVAC [IV MODULE U O New J-Box W U, — — — — — — — — — T MIN HEIGHT 0(NQ E o a r/l�/��/�rr / yj! .,,i/ j/��//, ��r�� ;,�„ci,(/ /J/� ✓/,U �„a,/,oi r r,'r r /1�,. J „x�+,.�/r/ // ,/1/i,✓.,r rrlli„/ .�/,r u.,r,� //�, �,- ,. I �l � ��i ,�/ ,/� f� EQUIPMENT ELEVATION VIEW West End of Array) al/�„ / rJ� ✓,��/�r ,l°/e��/ �f 1 r, r'-/I G r„/,/ !r/i�//, ��/��///, Q ( v) /�/;,,9j'�'�,l,,�, r,�'./'/ �l� i//i�rr�f�l>/ll�l(�i j✓,�jf�/�r///�+1,�/� r /'r J! Die I I ��%��/�rl �Y�, ��I �� ✓Lt>i��l�/�� Oj �rl�j�/��l��///% 4l8/2020 N/A "1� . r„1!. .✓r.O,,.,� .I, �;. .: omwn er HJM ,,, ,; -;:. ., Tale: 5-Equipment Elevation sneer: EQUIPMENT ELEVATION VIEW 5 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 5 of 15 INVERTER SPECS AC COMBINER BOX SPECS Manufacturer Intlivitlual Breaker Size 20A Memel Breakers udetl i.box(3 max_) 4 Y I��p1uII IIII I�I^^I``1`rygp µyry yyyy{IIq 1t�;, 0 mdy 58 Max.Power Curre.t(IMP) 580A WIIoi "R 4il�pVW I.V116ry Il\ry Short Gr<ut Cllrre.t(ISC) ]25A 4'�Y ^\\W X YMI"Y It M...reclurer/Felt# E.phede/X-10-AMi-2402 e sp—r esp-1 AC DISCONNECT SPECS E"aeLac7111-F 05(11) -31ODD05H05() ManufacWrer 11, Disc...ectSm. Lic.#32505 11, v�ag,(vmp) v�ag,(vmp) Part# Exp.03/23/2020 Maxm.mPower 52Pv Ma 52sv Masmum Power current(M) 5.43n (M) 5.4aA Fuse S¢a Su.fnN Solar-TX LLC 1s FOFq P 4o 2v Ma nt P 17300 Dallas PkM, open crwtvo bge(voc) op g(voc) Ste_2020 .ae.or uLEs ^bsrn 40.2v aEacacu r. shorccwtcurrent(sc) 5.e3n 1wtc11rent(sc) 5.e3A MAIN BERM CE PANEL De11es TX]5248 T�E�ITI,l her"c^P -d-,ms c rcu -d-,ms c rcurc ManufacWrer Des)gn B Drafting By .E s,rde Im,) lul opeatng so-ng cunent(MP) opeatng st"g c....t(Imp) Bus Raring Hans Megg�o NABCEP: opearcng system volbge(vMP) opearcng system volbge(vMP) Mein Breaker S¢e PVDS123019-023624 uLE .00utF 24ov 240v c Masmum system vLb (V vdtg(V )oo) 264v Masmum s y— oo 264v M.tlifcefi.ns ca Masmum st"grent(sc) IB]5A Masmum st"g current(Isc) I].50A ,srora s LINE SIDE TAPo"Dur T"'a1 crEarl1"arlo"c co"°ulrs¢E., Manufacturer ILSCOof sralN�(rva.) Im lul co"°.tree Ene6 rtM^ Mein Contluctor Range 4/0 2 u,'dI TY 0tRty- Tap Contluctor Range 2/0.6 AWG ,s1. 1. Voltage 600V Er)-em'S T), aaou"D.t,} "E^co.e"Ea eox ,� °"are"a.. a E.rdPEcdEll. a E Distance from VLLD to Utility o `d ....D"L'ELE aE D o °° Meter pp ox 4 feet w D a —� �Es gr� 0_s r Uo aon Qo °ET)Ae LYF sTd r Dui Z O w c � .."D µRP.Ed,r1� u 004vUn il_ �t I il- �:°ra� PER NEC 610 12,SHUTDOWN WITHOUT SYSTEMS ARE DITI PIED ONAL WITHRAFID SHUTDOWN WITHOUT SUPPLEMENTAL EQUIPMENT.SEE TECHNICAL BRIEF SUPPLEMENTAL No.Revision/Issue Date DOCUMENT. IN Des 6_ Equipment opemling 150v.lts or greater shall only be serviced or reple,ed by qualified 13_PV breaker shall be instdletl opposite entl of the buss bar from the Main Breaker per 1_ This system S exempt from the system gr...tli.g requirements of NEC 69041 System person.el Fieltl protection may bei.the term.fc..tluit cl.sed cabinet ore.encl.sure BEG]OS_12(0)(2)_ Orountling_ which require me,.fta.lst.open_ 14_NEC]OS_12(D)(3)(a)8(b)the sum of 125%af total inverter output curentplus the 2 Photovoltaic system gr...tlwill befietli.t.existing gr...d W main service from DC ]_ Solar Photovoltaic System equipment will beinstol.d i.ecc.rd...e wdh the MOCPD of the busbar shell Yet e—ed the emp.,,N of the busbar_ Date_ 4/8/2020 De....ectll.verter es per NEC Bec_250.166(B)_'The Group ding Elesm,de Contluctor requirements.f Art 690.fthe 201]NEC_ shall not be smaller then the targest...tluct.r supplied by the system entl not smaller 8 Local.filmy ph—der shall de rest prior to me,entl-R.—of any solar photovdtaic 2fn(l2falUf2 Noting0 Conductors Scale_ N/A than#84WG" i".11 fi.n_ S¢e AWG or 60°C ]5°C 90°C 60°C ]5°C 90°C S¢a AWG or Drown By- 3_ The DC...tluct.rs ore not b..tled to gr...d ,d the micro-i.verterd(d applicable)tl. 9_ No sheet metal or tech screws shell be usetl to gr...d tlisc...ect enclosure em kcmil COPPER ALUMINUM kcmil -FILM not require e GEC_ s,ustetl aluminum l ugs,proper gro..d,lg/bar kRs must be usetl_ II 20 25 30 15 20 25 12 Tdle_ 4_ NEC 690 43(C)St—bre es Equipment Group tling Contluctor allows for equipment to 10_All s.lerm.tlules,equipment entl metallic components ere to be gr...ded in ^10 30 1 35 1 40 30 30 35 10 be usetl es the EGG i.e photovoltaic system_ c.rd...e wdh c,de entl the m...B,turer's installation instructions_ 6-Single Line 5_ The devices listetl entl itle.thed far tli. they tma be st.,d I..e 11_PVTer,led Cannot beinstalletl ever or block en ttic vents,plumb;. ts,Wr...e or 8 40 50 55 35 40 45 8 DraWing group g quipmen y ya gven 6 55 65 ]5 40 50 55 6 grountling components or UL-2703111 m...dl herd..re_Micr.i.verters(d water heater vents etc_ 4 ]0 85 95 55 65 ]5 4 Sheet applicable)entl medDles ere b..tletl to the racking with listed entl appr.ved grounell 12_Wiring must be permanently entl completely held off of the roof surface per NEC 110 2, 3 85 100 115 65 ]5 85 3 components,the EGC pr.vitletl to the micr.inverters through the ManutacWre's Cable 1103(A),1103(B)83004 2 95 115 130 ]5 90 100 2 6entl is usetl to gr. "d the other photovdtaic system components_ Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 6 of 15 I`11ME 1��1fl1I »,r IY a Multl Solubom' ya} I ALI- 17s Iknrall1rrzOlfAll uLLlwc>Innl�. Lic.#32505 •" nw.,��r„,., r-,.a aa� no e.i» wn »� asx n.au Exp.03/23/20 20A, au Sun 0 Slor-TX 173060elos Pkw, t r I"'R IF Ir T aD II AII.i CFl II MOAIDU1 17 Ste_2626 ^� nrr�,am-Tn ».as nK »r, a.ro ass as ».as imn Dellos,TX 75248 ,��a�n i.rKi ve s srn iui �¢a gar ssn rss Des lgn B Drafting 9Y_ wwwwwwwwwwwwwwwwwwwwwwwww wwwwwwwwwwwwwwwwwww , ,. Hans Maggio wwww uuuu �" II�{ .�.z �. NABGEP- ��Nix V Q — — — — PV S123019 023624 Ig0NOCRY:�Al UlTil IWHIUMIF z m"'�u uu ' m 2B 20W wI rrr aariuN d' 0 o 1 ,:0/b a INAY(frMWg1"FtIU1"NCV u'�.w ' 'CAW " C gll rq;I 141 Yi rrft inlay �,' .. �s r* w I^I ill III ,v1n Im Arne Ir€1vULm�ncWrr�lacl '� r7�j� a E W o a�Fl.,�.. m o zo LU U n to�Ll lllnr�l l luau Cv��llrlErral �, ':pb1R5 �° W xq U) a, d a C.aIrtlflmtl lawlLlt l AIIo rnulrl-rR iglilg �1 O Cl! m r u 11 i.v •r r. r4, ,d,'.*o. elvr unc r11ldlcuudltrar!, .. 0� goro ro > o IIIVIARIIR10RMA1NCI-INAl2lbAlVT'Y -� i"" r Na aev�rennssue Die Date_ 4l8/2020 ff scele_ N/A IIIInIIIO��IO solaf ",.,, ,„ �� D—,Bv HJM Tale_ 7-Module sneer 7 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 7 of 15 "'I MERIN Enphase IQ 7 and IQ 71.MInroinv?rt'ers rn loci Lic.#32505 Exp.03/23/2020 sunfinity solar-TX 11G ( it i5n nsn 17366 DeIlos Pkwy, .. Il ql ''.. t g ly f ii St,2626 M:V'��%➢tl,�,1i'",�. ph, I I;}%?/I., �ndI Irht .ICE/ Y'i<,,' Dellos,TX75248 Q 7 1 a ihy ,,Mfi e r nc.,r� a r M'� Des H...D,af6ng By 10,evnr theM1 he,f. tend'f aueP,urenn y i�a.e.,e. � mcrc,mm.,er "" """"" Hans Meggie .. .... ... .... .._ NABGEP_ u=r vH vi pW�123019023624 ��II IX�:Il dp 11 l'll`ivV";all'd 6�`l'"„•!i ran onne Er pna,m,y.ns,v the ia7a„h ., ,Q7 th,.EnpY e„m a,v) Q r.nvoy''F.nphc n IQ 13.,7tc y'" ,d[hn[nrh-e „„t<. v e rzc,v, 11 unn1 n/oa v) 0 E ly IC1 I.o,10 fy. dalay ULWafe. QSr es Af,-I tes exierd the elia b I lily 5tai,,Ja tip sU loth hyp,.vo,�g r 1t oho r,�fp ,te.;,r3, ..i abtny Lrpha .t )ov tie ar l,itry-leading ry o „ r,,ymmetail LU a 2 n a w U o nimtnn xna �� "> 11J o`x 0 Ij Ao� ,,,n d; O�Q- �� 0 Cl! vmU�Ti , I MidI:Ay , , t ,,/ '� , ,.is , .,n. Na ttevrstennssu Date „ru n. , ,m, Date_ 4/8/2020 ., scale N/A Tolee� ,abrn,te-pl ,f, g.,v}.terIehn•,e.co,n ,�,REIVPHASE L ledn,n,r,r>„u,ll,eanr 9 , I,rrvi,an,om °;EI"�PHASE D By_ raven -HJM Tale: 8-Inverter sneer 8 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 8 of 15 lo 1`11 MERIN Eril IQ Coml Lic.#32505 Exp.03/23/2020 ..........I.......... S,,f sour-Tx L 17300 DI, ,PkM, Enplhase D.11.,,TX75248 St,2020 ..................�"j CoInbIner D—B,& g By uq, H..M.gg,. BABCEP IQ AMl-240 2) PVS 123019 023624 MM T. — 7 ----------- ---------------------------- f ..........auvv III aeon hk ............ y ft, W LU ............I... II .......... z ............ 2 9 1 o. ............ ..I......... ....... LU —A 0 A 0 C\I *z .6> oo C(1,111I,I1,I-III, I nul D.. 4/8/2020 mare a LISTED N/A I—b-t h)j,I'--ff —I mph"--, ENPHASE EN PHASE D—,Bv HJM T11, 9-Combiner Box Sh.. Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 9 of 15 I''ll ME RIN IEnphase Envoy Lic.#32505 Exp.03/23/2020 za Sun300 solar-TX , II V 1]300 Dellas Pkwy, E ij- ), „s(,, Envoy 3 .I ,I %r .. .......................... Ste_2020 Del las,TX 71211 ,[ �t rifirl " D7B,8 Drafting By . �' Hans Maggio I,I, f_ NABCEP_ •t �I e '=T. - ---------------- .. PVDS123019-023624 vp,,x mvva es rOr,il..; .µ.µ.µ.µ.µ.µ.µ.µ.µ.µ�.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.µ.me (I v ry r,. . , smart 0 O w Jrvll oarmo, �_r >>c i o III�Ypyil � �r nnA ow r". LU a o ......... .....:. ....l' aanrra�r, r,a Z 2 LU �q �1 Ulo LU > ....... lL 0 Tom I« Ibla 0 r— .ao,,.. ONQ wm Ntt Ti �06> o r Na Revision/Issue Data Ul Date_ 4/8/2020 r ra., I,I l II„r 4f ,rrrpha,* Scale_ N/A LISTED G`p�Alo&"ASfp. ?b ENU•AHA Sb: DmWnBv_ . HJM "leas o<r rurt E'Vh.,r (f r�;,v,tt npY r.a.era¢m s .. o Till: 10-Comm. Gateway sheet 10 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 10 of 15 tot l"�RME lRI 11//A1111111,IR0NRIDGE Ground Mount System Lic.#32505 �. Exmu 23/2020 LLC mIDIDUHMYFl" did m VPP @ Bi ��" mry Dole,TX PLC nsgS 2020 to X 75 f Dallas TX y5248 Desgn&D ffg8y- Hans M gg a NABCEP_ P'S123019-023624 rp 0 v as Product Tour o o r� J Ilf ry v Ted Caps Bonded Rail Connectors Dia 1 Braces Cross Pipe&Pi— g gone � 0 O p O rn 20! w saw The Ir R dge G o d M t Syst e0 b' XR1000 ra IS w m locally sourced steel p pes or d ..d W o mechanical drop,to create a cost-effective structure capable of handling any site or terrain challenge. U 2 �I Connect vertical end cross Atreoh and bond Rail Opiio al Bm.prov dos Steel pipe or maaheri cal z Installation Is simple with only a few structural—parents and no drilling,welding.or heavy machinery pleas Assembly to nose pipes. eddili.nel support. tubing far substructure. W x w x h Pileddocument.In adtlitlon,the system works with a variety of foundation options including concrete p ers and driven 9 w r Piled U) >x NI Lu XR1000 R.H. UFOs Stopper Sleeves Accessed- M a o v ore /�/i� Rugged Construction //��l/iiG/,// PE Certdled Y m a r o VF/ En tl stool and aluminum 1 G Pro slam tl en letters f If fffffp I I. C\lQ m A 10 e tt o/ components ensure dprabiria. OiaD aye IabieFln mos9etates g w✓fs!'Jl�Jll LI& °D> "m N r o za /ice/O UL 2703 Listed System 9�ff/l Design Software curved mill, un versal Fastens Oldie- Sm t the JFOto torn Wire Clip, d End Caps/ g p on o ps an 777T� --% Meets newest effective UL 2�06 % �1� Online tool generates en spanning capealft s. bond maul to ai Is. Into a bonded end damp. prov de a finished look alarmism. L<�tj vela and hill of materials, n9 Flsudbl,Archkeoture P//� 25-Year Warranty D gn As Lunt NABCLPC rhf dT g Date_ // G from 9hl You111 IIY �� Ern fr t 9 d t dt 4(8/2020 Multiple foundation and array / Products guaranteed to be free configuration options. %20 of'mPa'ring defects. enfre tl 1am For free e�� hlel g aabott t systems Scala N/A Drawn Be: HJM Tile_ 11-Mounting Type sheet: 11 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 11 of 15 "'I MERIN 9//�IR0NRIDGE Engineering Design Guide system Parts Lic.#32505 Grounding Exp.03/23/2020 ev9roumm�y dips fwEEe omQ are used io mniunalon wlm mevonkrdyemid oarnps forgrounding Pv modulesmn�exaiaoo Su,f NSolar-TX110 aail..ordero g n g dfip fi,,e y oMid ct p sed_ 17360 Della,Pkwy, St,2626 p y M u5 Delles TX71218 (/ /% F t.t:.ed .Nl ab C Des 9n&D`afting By. y/�/ / Max Hans Maggio fI/y�rF mum Cod 5' co mG geacn modu6e] PV Sf123019 0 236 24 ,9�' Hardware None wuaywe (,7��namg mg,are useam<onmeaiop wrmwppa�worem p�wmea aemmeeaxgroend roe ayaw�pwer Maus. a P d..PP Amsr mn-1 a ET�ismd co 14 I All Hardware .I- lass N $_ 0 O O w a w U Z 2 w U Q ry 0. W oil Tom E�NE-�o O CI!Q m U q aof 2 zo- Na Revisien/Issue Date Dare_ 41= scale_ N/A .avpod oa,�dn�.Co� teomznssza vases zmrsmse Drawn By: HJM Tale 12-Mounting& Grounding sneer 12 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 12 of 15 "'I MERIN Safety>wikhes Section Safety Switches sec"tia¢ndu Spec-SeLtev".S¢afeity SWnCileS General Duty,Type TGi Lic.#32505 H N 3 1 6 s e oc Exp.03/2., TX L 0 yso sunf300 sour-TX , u� •� K.,oaa 1�360,202 Pkwy, ,y Ln. .eM��rw� s .eoo„e Ste-2626 �.u� iwe r.� o.<r r... �ori<r s�a�,ur.w xo.a,. Dall as,TX 75248 .... Design 8 Drafting B,. 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MAIN SERVICE PANEL WARNING-DO NOT DISCONNECT UNDER LOA Lic.#32505 NEC999.15(°'APPLY TG Exp.03/23/2020 WARNING-ELECTRIC SHOCK HAZARD REVENUE METER S,,f A Sour-Tx uc 17300 Deltas Pkwy, Ste 2020 TERMINALS ON BOTH LINE AND LOAD SIDES WARNING Dallas,TX 7s248 MAY BE ENERGIZED IN THE OPEN POSITION Deng,a Draam9 By: DUAL POWER SOURCE RAPID SHUTDOWN SWITCH Hans Ma99'o DC VOLTAGE IS ALWAYS PRESENT SECOND SOURCE IS PHOTOVOLTAIC SYSTEM FOR SOLAR PV SYSTEM PwsNABCEP:-123019-023624 WHEN SOLAR MODULES ARE NEC79512(ep3-47 AND e99.59 EXPOSED TO SUNLIGHT APPLY TO. NEC 6905e(C)(3) MAIN SERVICE PANEL APPLY TO NEC PV AC DISCONNECT A"L' na�67 ANDe99n5 S DISCONNECTS WARNING-ELECTRIC SHOCK HAZARD PHOTOVOLTAIC SYSTEM EQUIPPED c WARNING WITH RAPID SHUTDOWN o 0 THIS DISCONNECTION OF THE TERMINALS ON BOTH LINE AND LOAD SIDES N 2 w GROUNDED CONDUCTORS MAY MAY BE ENERGIZED IN THE OPEN POSITIONTTIN a RESULT IN OVERVOLTAGE SHu TEM FF POSITION TO U o ° ON THE EQUIPMENT Z Ur �i nod Reduce sH IN ARRAY W NEC699.13(e) ;4 g APPLY TO NEC699.31(1) AC DISCONNECT NEC e995ec 1 APR,TO.NA (7(7(al W o BIPoLAR PV SYSTEM INVERTER INTEGRATED DC DISCONNECT �?j aomm�r 0 O 04 m U u �°ra " "o PHOTOVOLTAIC SYSTEM DC DISCONNECT z; MAXIMUM VOLTAGE: VDC MAXIMUM CIRCUITCURRENT: ADC No.ReY�s�o9nss4e Dare MAX RATED OUTPUT CURRENT OF THE CHARGE CONTROLLER OR DC TO DC CONVERTER(IF INSTALLED):NA Dare_ 4/8/2020 NEC 699.53 SIGNAGE REQUIREMENTS scale: N/A APPLY TO. >RED BACKGROUND Drawn By: ELM INVERTER INTEGRATED DC DISCONNECT >WHITE LETTERING >MIN.3/8"LETTER HEIGHT Tnle: >ALL CAPITAL LETTERS 14-Labels >ARIAL OR SIMILAR FONT sneer: >REFLECTIVE,WEATHER RESISTANT MATERIAL,UL 969 14 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 14 of 15 ff Lic.#32505 Exp.03/23/2020 Sunfnt Sala, TX LLC 17360 Della,Pkwy Ste 2626 TI(S91 ,I, Dellos TX75248 / Des gn&Daft ng By i Hans Magge NA C P_ PVDS 123619 623624 �tyjj j l' Windows OLE Object l /f/ //' r l9lUDl/ll//LiGi`Uf��i'��%l/Jllluvolfr//i/o�p VOW// ii 2 � I have read and understand the safety and W fall protection plan for this site: 0na`��aso 000 N> N^NE7/1 v i/ 3� Na Rev slen/Issue Date��"� a, 5. 4 6. sale: 4!8/2020 IIIIIII IIIIIII �� / y N/A T M HJ 8. rcle 9. 15-Site Safety Plan o.��r I �f 1 5 Exhibit C-Special Use Permit Exhibits-Ordinance No.3646-Page 15 of 15 Jobsite Hazard Analysis ",mv;lll�"u� Ladder Access Systems Ladder must be inspected and must be synthetic Ladder must be secured at a 4 to 1 angle Ladder must rise 3'above landing with walk through devices when available Fall Protection Systems Lic.#32505 Jobsite Hazard Analysis Fall plan is required prior to starting work menu Unit Competent Person is required Exp.03/23/2020 SOLAR � First Person on the roofmust install their anchor and connect before loading the roofor installing sanfiniry solar-TxL any other anchors. 17300 Deuas PkM, ran, WooDRESIDENCE oece Electrical Safety sfe_zo 20 Della&,Tx 75248 naaresss Tans cnaprnan Driva,Nprcn Rlcnland pins Toxas.731e2 � Electrical Qualified Person is required onsite during electrical work Deslgn a ornfa,gnq By All E-PPE is required onsite regardless ofwork performed runs Maggio sa av taros"ry P"..r aria,.,., sa ervsa"nen., All live electrical will be LOTO or Disconnected NAaCEP: eusomersarary•fa°10"onl`"" s.n�rs�pazpae,,Proe"oasekeepi"N veeraeueaartaes, Se rvice d rops will be identified and cove red if necessary PVDS123019023624 •srm+rdp,ana Taus Public Protection •oeseec or Faw�e Employees are required to ensure the safety of the Home Owner and the general public at all times Laaaersarery•o�spiaeemens rre.work mspernon,a-.i aana,r.amer scrap,rinerglaxs cannrurslpn The Home Owner and the general public shall be prevented from entering the work zone through •eiamoe�rtipn m -------------------------------------------_ the use of barriers m ran Pro--•eievarea work Fan Arr-or ran-tramv The Home Owner,the general public and their property shall be protected from falling objects •eiearorprmn Dogs shall be avoided by the crew and secured by their owners when work is being performed at elan.mal sorary•me na.n 11-ree1 sarery emve:,a cal comma,earner mae the home The Home Owner is not allowed to leave pets,family members or others in the charge or care of ace s eeiaeen::ea:"Ban"eoroP snaaed Break Area,Dankma Water Sunfinity Solar Employees,Contractors or Temporary Workers. •e.naanion Heat Related Illness sarery co"roc Sean Myers 317-694-3253 Temperatures above 85°require compliance with the Heat Related Illness Policy which requires the � o rveare.e no:Prtal ---------------------------------------------------------------- following: : w ------------------------------------------------------ Shade for all employees rveare:rune""'re Take all required breaks and more if necessary a m o Yn air_IrY rf(y^,�Cri y` ,fl Ul.'d. � Suffcientwaterto be provided for all employees onsite W � o rob sties Cool Vests are required at all times during the summer months but must be worn when Z O` temperatures exceed 100° Z(� Training LU All employees onsite shall be made aware of the JHA and sign indicating they are aware of the hazards onsite — �N oowmannerrvaaoe crow Momuorsienawros IX ❑ o All competent person is required when fall protection is in use IX ��v b ------------------------------------------------------- --------------------------------------------------------------- A qualified electrical person is required when any electrical work is performed E`o All employees onsite are required to have the basic safety training prior to performing work 0 r Q-V m$U Accident Reporting Procedures: O Cl! 01 ce ci ofq o Contact Sean Myers 317-694-3253 d m N r o no Additional Hazards Identified 7777 1 2 Dare 4B/2020 3 scale N/A 4 Drawn us: HJM 5 Tale 6 16-Emergency Response Plan 7 sneer: 8 16 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: ZC 2020-04, Ordinance No. 3647, Public hearing and consideration of a request from Michael and Jennifer Easley for a zoning change from AG (Agricultural) to R-2 (Single-Family Residential) at 7521 Kirk Road, being 0.314 acres described as Tract 14C, Stephen Richardson Survey, Abstract 1266. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Michael and Jennifer Easley are requesting a zoning change from AG (Agricultural) to R- 2 (Single-Family Residential) on 0.314 acres located at 7521 Kirk Road. GENERAL DESCRIPTION: The property is located on the west side of Kirk Road between Rumfield Road and Kirk Lane. The property is currently an unplatted tract of land with an existing house. The 0.314-acre parcel has 96.96 feet of frontage on Kirk Road and is approximately 150 feet deep. The applicant is requesting a zoning change to R-2 Single-Family Residential with the intent to plat the property and renovate and add on to the existing single-family dwelling on the property. A property must be platted for new square footage to be added to a primary residential structure. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. 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 R-2 Single-Family Residential. This district is intended to provide areas for low density development of single-family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. "K NOKTH KICHLAND HILLS SURROUNDING ZONING ( LAND USE: NORTH R-1 Single-Family Residential Low Density Residential Single-family residences WEST AG Agricultural Low Density Residential Single-family residences SOUTH AG Agricultural Low Density Residential Single-family residence EAST R-2 Single-Family Residential Low Density Residential Single-family residences PLAT STATUS: The property is currently unplatted.A final plat of the property is a related item on the May 11, 2020, agenda (see FP 2020-03). PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this item at the May 7, 2020, meeting. If the Commission issues a recommendation to City Council, staff will brief City Council of their recommendation at the May 11, 2020, meeting. RECOMMENDATION: Approve Ordinance No. 3647. z zLU Y two o _ a w KIRK _RUMFIELD z w w Prepared by Planning 4/8/2020 N DISCLAIMER:This product Is for Informational purposes and may not �t have been prepared for or be suitable for legal,engineering,or surveying Feet 0 75 150 300 450 600 purposes.it does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. rb m fr p 1 1, d i I I a2 Prepared by Planning 4/8/2020 N DISCLAIMER:This product Is for Informational purposes and may not �t have been prepared for or be suitable for legal,engineering,or surveying Feet 0 75 150 300 450 600 purposes.it does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. k4FItH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZC 2020-04 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT Michael and Jennifer Easley LOCATION 7521 Kirk Road REQUEST Public hearing and consideration of a request from Michael and Jennifer Easley for a zoning change from AG (Agricultural) to R-2 (Single-Family Residential) at 7521 Kirk Road, being 0.33 acres described as Tract 14C, Stephen Richardson Survey, Abstract 1266. DESCRIPTION Proposed zoning change for the addition to the existing single-family residence PUBLIC HEARING DATES Planning and Zoning Commission 6:00 PM Thursday, May 7, 2020 City Council 6:00 PM Monday, May 11, 2020 MEETING LOCATION In compliance with the Texas Open Meetings Act f5 IIIIIII III "'llll and in accordance with Section 418.016 of the The enclosed flyer contains information Texas Government Code and such action issued by the Governor of Texas on March 16, 2020, the about viewing and participating in the North Richland Hills City Council and Planning and meeting in light of COVID-19 Zoning Commission will conduct their regular meetings via telephone and video conference. 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 U) Z uj CL 0 KIRK RUMFIELD z ui TRACT 14F BARRE IT a, anNy BLA=uRN +4;,P.1016 IrX&R.F. Val, 13B67, Pff, 461 4 affa d 1.51 If F. Of coed PtR� t 10 wmw" LU 10A, z-;C Ifur EL Oz a '�1 I V -, 10 '-Q P. OVERHEADELEC.UhF 1480,Pa.28,DR 7jCT. s 90, 51 W TRACT 14 ATAN & G-AIL FAB= "Ar) Vol 12866, Pa. i57 Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC 2020-04 BIRDVILLE ISD 6125 E BELKNAP ST FORT WORTH TX 76117 BLACKBURN, BARRETT 7525 KIRK RD NORTH RICHLAND HILLS TX 76182 BOSLER, BRET 8801 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 BRIGHTWELL, PAUL L 7512 KIRK RD NORTH RICHLAND HILLS TX 76182 BUSH,CHRISTINE D 8704 KIRK LN NORTH RICHLAND HILLS TX 76182 DORASAMI, RAMAN 7524 KIRK RD NORTH RICHLAND HILLS TX 76182 DUNN,THOMAS A 7500 KIRK RD NORTH RICHLAND HILLS TX 76182 EASLEY,ALAN R 8709 RUMFIELD RD NORTH RICHLAND HILLS TX 76182 EASLEY,JENNIFER 7521 KIRK RD NORTH RICHLAND HILLS TX 76182 FIGUEROA,CRISTI A 8800 KIRK LN NORTH RICHLAND HILLS TX 76182 FLYNN, MARTIN V 8628 KIRK CT NORTH RICHLAND HILLS TX 76182 GAUSE, DAVID A 8708 KIRK LN NORTH RICHLAND HILLS TX 76182 GAUSE, KATHRYN D 8712 KIRK LN NORTH RICHLAND HILLS TX 76182 PITMAN, BRIAN E 7520 KIRK RD NORTH RICHLAND HILLS TX 76182 REDELSPERGER, DAVID 7532 KIRK RD NORTH RICHLAND HILLS TX 76182 SPRADLING, LARRY 7528 KIRK RD NORTH RICHLAND HILLS TX 76182 r m BURVFY ADD + S. 7521 Kirk-Rofel,NORTH RrCMAND HILLS,Texas. LEak.: Being a isad of land out of the Stephen Richardson Survey,Abstract Na 1266,Tarrant County,Twos,and being described by metes and bounds as follows: Beginning at a 112 inch steal rod found 1622.04 feet South(previous deed 1599.0 feet t t soutb)and 12.0 iaet West of the Northeast comer of a 40.0 a=tract as recorded in r t Et f, 1 t a +' Volurno 1797,Page 315,Deed Racards ofTerraut County,Texas,said point also being in the West ROM.line of County Road No.3050 and being Eke southeast comer ofa tract ofland described in deed to Barrett and 7anny Blaal-bum and recordadin Volume 13867, Page 463,Deed Records,Tait County,Texas; Thane South along said West R.O.W.lima dist mos of 96.96 feet(previous deed 90.0 k feet)to a V2 inch steel rod found for comer and being the easterly most nardwast corner of a tract of land descried indeed to Man and Cafl Easley as recorded in Volume 12868, Page 157 Deed Reeor&%Tmimt County,Toxas; 1e µ f ��v P pi t r T'heaara WEE 150.00 feer along said Easley Tract to a 112 inch steel rod found for corner; �s t 1( �`�u =" and found frt cahu9r i '�deed 90.0 feed along said Easley tract to to a M steel (1 ) eY e south line of said Blackburn 4act; Tbenee East 150.00 feet along said Blackburn Tract to the Mace o€Beghrneag. NOTES: (1)According to Flood h smance Rate A4p,dated August 2,1995,North Richland RM Texas,Camrnuulty No.4806WTH this residence IS NOT in a Flood Hazzard Area. (Residence is in ZoneX) (2)The TB3CO easement recorded in Volume 1296,Page 267-D.R.T.C.T.DOES NOT affect thisproporty. n 0 oa,a TRACT 14F BA?RETP & JANNY BLACHBLTRN Vol. 13867, Pg. 463 M W 00,E I Esaf off Called , C Gfattadbtcam2k. 1g0.0 ....:....:...____:�',c' •.rw._r..z.�.w;,.awe�sv�_s�...��..,. .,,.�.e� �.T��........»M.�,.;x,..� - FQ r 4 � 9 ash 1 I u f II In rai OVERHEAD eaLEC.LfW � �i!CFf tiara,Psi.2a,D.R.`I.&F. w' q.. 3 9ls b0'Ui/ µis' `y TRACT 14 ALAN & GAIL EASLEY I 4rol. 12888, F& 157 'PZI:1NEa;$arh&.EIIsteY,Arm.rw.Suehey&r:u EA91cy, Natwark&'amdl�g,aad7.ti0e Texasthc rmdersig,�ed duos'. herdF,p cartifyflau ffes avavcyvtas this tiaym'ade a¢the II W.nd of a.jn%-Ly kg uy dasor erean on Ldss crosr�kama tSst Yhexe mesa dis ties,coaflids, onrlmaenis,aveclapnlag&rap ,visible easemvnz orxighb of way,except as stow.heron and 69 said In+sDe=t3 bas access to o-ad fcmm a dedi-vd roadway.Aayae%rrranco to IIw100 y—&W plain ar flood hazard eonea ere an a d—}rase an data shoarn as I6AM 10-I32WS then Yinods�RateaSap byl+EMAmO SURVEY liT€3.: o5-23206 nhoald oust he inaupr�d as a studyor dowatinsUm cf ITFLF SF-4RQM Title Basra tba fbodingl mpaacium ofthisprapeny- Gy.. GAS-314753 Fun ER: Easley STILL R; Gilnwre rp• tr F'F�`e ��2G% SC.RY,E:I inch=25 feet g 57EEL RflQ FOBIi D 1.Bearings finmplat. .5 h 41 ( t v . 1- REGISTERED PROFESSIONAL LAND SURVEYOR S N•F ° 2.Steer rods found atlamp- 3 .�-n J.?i ° NO.192B &iZ5 �STE.EL Rr?D SET I canners used for ccatrel. YX t + e �RCPCF27Y'LItdE •tn7. 1B52Norwmdf Suaa20S ®.. 3 Use§rwtproperty lane far ,'ta+.ri vripT }l. HURST.FIXAS 76054 _ ---. WOOD FENCE ; directional Goouol. wifhplat. PAX 817-22M-50n 7WROUGHT IRON FENCE4,Streetri ht of YdaNnatad mik PW UIE oftksGwgtawvalAlffi-ra+n Q��HEAD��GRE t COPYRIGHT2W&'rHO7hRSV1.VOLT "�.�=»�„':.�. au.uk`t.�,...�.R. ivm�,,,+,s�;.IIu"'.M.`� n r °o.},v'°mri.d'ti63];w^:W'.C".;mi"A'r?,wLarld�Tf.^� .T".9F:':Md'. ._. ,,.: .w+A.c:��a✓".. ..... _ ORDINANCE NO. 3647 ZONING CASE ZC 2020-04 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 0.33-ACRE TRACT OF LAND LOCATED AT 7521 KIRD ROAD FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL); 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 the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.33 acres of land located at 7521 Kirk Road (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R-2 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on May 7, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 11, 2020, with respect to the zoning change described herein; and Ordinance No. 3647 ZC 2020-04 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 R-2 (Single-Family Residential) 0.33 acres of property described as Tract 14C, Stephen Richardson Survey, Abstract 1266, commonly referred to as 7521 Kirk Road, as described and shown 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 Director is directed to revise the official zoning map to reflect the approved R-2 (Single-Family Residential) 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 Ordinance No. 3647 ZC 2020-04 Page 2 of 4 decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 11th day of May, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Ordinance No. 3647 ZC 2020-04 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3647 ZC 2020-04 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3647— Page 1 of 1 Zoning Case ZC 2020-04 Tract 14C,Stephen Richardson Survey,Abstract 1266 7521 Kirk Road, North Richland Hills,Texas BEING a tract of land out of the Stephen Richardson Survey,Abstract Number 1266,Tarrant County,Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a %-inch steel rod found 1622.04 feet south (previous deed 1599.0 feet south) and 12.0 feet west of the northeast corner of a 40.0-acre tract as recorded in Volume 1797, Page 315, Deed Records, Tarrant County, Texas, said point also being in the west right-of-way line of County Road No. 3050 and being the southeast corner of a tract of land described in deed to Barrett and Janny Blackburn and recorded in Volume 13867, Page 463, Deed Records,Tarrant County,Texas; THENCE South along said west right-of-way line a distance of 96.96 feet (previous deed 90.0 feet)to a %- inch steel rod found for corner and being the easterly most northeast corner of a tract of land described in deed to Alan and Gail Easley as recorded in Volume 12868, Page 157, Deed Records, Tarrant County, Texas; THENCE West 150.00 feet along said Easley Tract to a %-inch steel rod found for corner; THENCE North 96.96 feet (previous deed 90.0 feet) along said Easley tract to a %-inch steel rod found for corner in the south line of said Blackburn tract; THENCE East 150.00 feet along said Blackburn Tract to the POINT OF BEGINNING. "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: FP 2020-03 Consideration of a request from Jennifer and Michael Easley for a final plat of Lot 20, Block 2, Meadowview Estates, being 0.314 acres located at 7521 Kirk Road. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Jennifer and Michael Easley are requesting approval of a final plat of Lot 20, Block 2, Meadowview Estates. This 0.314-acre property is located at 7521 Kirk Road. GENERAL DESCRIPTION: The property is located on the west side of Kirk Road between Rumfield Road and Kirk Lane. The property is currently an unplatted tract of land with an existing house. The proposed final plat is intended to create one single-family residential lot for the purpose of allowing an addition to be made to the new house. A property must be platted for new square footage to be permitted as an addition to an existing primary residential structure. The property is currently zoned AG Agricultural, but the applicant has requested a zoning change to R-2 Single-Family Residential (see ZC 2020-04). The table below summarizes the lot standards for the proposed R-2 zoning district and the proposed lot. STANDARD Lot size 9,000 sq.ft. 13,678 sq .ft. Lot width 72.5 feet 96.96 feet Lot depth 110 feet 150 feet Front building line 20 feet 20 feet LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. 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. "K NOKTH KICHLAND HILLS The applicant has requested a zoning change to R-2 Single-Family Residential (see ZC 2020-04), which is an associated item on the May 11, 2020, agenda. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. A right-of-way dedication of approximately nine feet is provided on the plat for Kirk Road. Kirk Road R21J Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH R-1 Single-Family Residential Low Density Residential Single-family residences WEST AG Agricultural Low Density Residential Single-family residences SOUTH AG Agricultural Low Density Residential Single-family residence EAST R-2 Single-Family Residential Low Density Residential Single-family residences ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. PLAT STATUS: The property is currently unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this plat at the May 7, 2020, meeting. Staff will brief City Council of their action at the May 11, 2020, meeting. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat subject to approval of the zoning change application. RECOMMENDATION: Approve FP 2020-03 subject to approval of the zoning change application. z zLU Y two o _ a w KIRK _RUMFIELD z w w Prepared by Planning 4/8/2020 N DISCLAIMER:This product Is for Informational purposes and may not �t have been prepared for or be suitable for legal,engineering,or surveying Feet 0 75 150 300 450 600 purposes.it does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. rb m fr p 1 1, d i I I a2 Prepared by Planning 4/8/2020 N DISCLAIMER:This product Is for Informational purposes and may not �t have been prepared for or be suitable for legal,engineering,or surveying Feet 0 75 150 300 450 600 purposes.it does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. K LANE NGINITY MAF INOT TO SCALD .,rnrE atren. VL c �� -----� - - N u LOT 20 BLOCK , i .. IT IR MILLEMEADOWVIEW ESTATES RV Al FL E LD ROAD _ _� — — LOT 20 BLOCl2 _ _ _ - -to nz. ,+„ ...�,rJ m , _ T 9 e� .�s 5 C A t 4S ON I Il! ISS t nCi N o t266 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: RP 2020-07 Consideration of a request from Burgess & Niple for a replat of Lots 11 R and 13R, Edgley Addition, being 1.727 acres located at 7502 and 7504 Boulevard 26. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Wayne L. Herndon, Burgess & Niple is requesting approval of a replat of Lots 11 R and 13R, Edgley Addition. This 1.727-acre property is located at 7502 and 7504 Boulevard 26. GENERAL DESCRIPTION: The property is located generally at the southeast corner of Boulevard 26 and Willman Avenue, with frontage on both roadways. A vacant retail building is located adjacent to Boulevard 26, and Cool Air Automotive repair business is located on Willman Avenue. The property consists of four lots originally platted in 1951, with a portion of the property replatted in 1978. The replat would make the following revisions to the previous plat. 1. The plat would reconfigure the property into two nonresidential lots. 2. A 15-foot right-of-way reservation strip would be added to Lot 13R to address future dedication requirements for Boulevard 26. Dedication is not required at this time, but site improvements would not be permitted within the reservation strip area. 3. A 10-foot no build easement would be added adjacent to the common lot line with Lot 12, Edgley Addition. This is required since the building on Lot 12 is located on the property line and the easement would provide adequate separation from any future buildings that could be constructed on the proposed lots. 4. A common access easement would be added that provides access across both lots and connects the existing drive approaches on Boulevard 26 and Willman Avenue. This easement is critical as both lots will retain addresses on Boulevard 26. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. "K NOKTH KICHLAND HILLS As required by Section 212.015(f) of the Texas Local Government Code, written notice of this replat will be mailed to each owner of a lot in the Edgley Addition that is within 200 feet of the lots being replatted. The notice is required to be sent no later than 15 days after approval of the plat by City Council. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is currently zoned C-2 Commercial. This district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. ® < FIJI 11" Boulevard 26 P6D Major Arterial Suburban 6-lane divided roadway Commercial variable right-of-way width Willman Avenue Local Road (per Richland N/A N/A Hills comprehensive plan) SURROUNDING ZONING ( LAND USE: NORTH C-1 Commercial Retail Commercial Automobile repair WEST Mixed Use(per Richland Hills Mixed Use(per Richland Office,retail,and storage uses zoning map) Hills comprehensive plan) SOUTH LR Local Retail Office Commercial Lawn maintenance company EAST PD Planned Development Urban Village Vacant PLAT STATUS: The property is currently platted as Lots 11 and 13, and the remainder of Lots 14 and 15, Edgley Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this plat at the May 7, 2020, meeting. Staff will brief City Council of their action at the May 11, 2020, meeting. "K NOKTH KICHLAND HILLS DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat subject to the attached DRC comments. These comments include minor revisions to notations and labeling on the drawing, the adjustment of lot boundaries, and the addition of a common access easement, and verification of the right-of-way width of Boulevard 26. RECOMMENDATION: Approve RP 2020-07 with the conditions outlined in the Development Review Committee comments. BRILEX w �Z1 a� d TURNER z a C U ACCESS i N CL IVIMIG5 ,r I l D, A P g qN fiel vfl /" i r««rrr rrrrr�rJr«rr r r � ��%rrrrr rrru rrrrrrrr rrr rGrr«rrrrrrrarrrr r r<«rrr r rrrrrrr «rrr r�rr rrrrrrrr�rrrrr�r�-rrrrrr rr rrrrrr,rr rr«rro-rr rrrrrrrrrrrrrrrrrr Hriii�rrrr Prepared by Planning 4/24/2020 N DISCLAIMER:This product Is for Informational purposes and may not ^ have baen prepared for or be suitable for legal,engineering,or surveying Feet purposes.it does not represent an on-the-ground survey and represents 0 725 250 500 750 7.,000 only the approximate relative location of property boundaries. l r y / r :� i r �f �/ ywM /�� i � '� l� �Anll✓rr+�nre� O6.r Oi v n r' r r I yP � Jf / llr '.�' � � � zvv✓ oap�m@.a 1t r fQ 5 I i r ✓/ ��1f a's. � > � / �✓ `err o- � / /�/� �� "r+Yr ✓ T r I rrd,6 ,gym i,a / :/,../ r .//%//�,.�o,/.�„/ Gr1��..,r�el� w�. Y�� ,�r'/iq.�2fr iib�{r4,/�xI ,,,:d vJ�yr�✓cY/�, r %rtl G l�/:Yi/I; ✓�%i Prepared by Planning 4/24/2020 N DISCLAIMER:This product Is for Informational purposes and may not ^ have been prepared for or be suitable for legal,engineering,or surveying Feet purposes.it does not represent an on-the-ground survey and represents 0 725 250 500 750 7.,000 only the approximate relative location of property boundaries. 's�"tv '0 V="4 ............. ................... m ............. ..ac ...................... Z ........... ........... f J. Z —Z=— EDGLEY-TDDITION PIP S T I P2& E E& BURGESS&NIPLE AS3AS ............ ------------— Development Review Committee Comments 1 4/21/2020 Replat Case RP 2020-07 NFtHlEdgley Addition WRITTEN STATEMENT OF CONDITIONS The City of North Richland Hills received this plat on April 8, 2020. The Development Review Committee reviewed this plat on April 21, 2020.The following represents the written statement of the conditions for conditional approval of the plat. 1. Add the following note to the plat: This plat does not remove any existing covenants or restrictions, if any, on the property. NRHSubdivision Regulations§110-331(Requirements for all plat drawings—plat notes and conditions) 2. Show and label the approximate city limit line between North Richland Hills and Richland Hills. The city limit line is located approximately on the east right-of-way line of Willman Avenue. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—city limit lines) 3. Add the following note to the drawing: The city limit boundary does not represent an on-the- ground survey and represents only the approximate relative location of the city limit boundary using various official and unofficial sources. NRH Subdivision Regulations §110-331 (Requirements for all plat drawings—city limit lines) 4. Add a common access easement that provides access across both lots and connects the existing drive approaches on Boulevard 26 and Willman Avenue. This easement is critical as both lot will retain addresses on Boulevard 26 (see informational comments below) NRH Subdivision Regulations Article XI Design Criteria§110-412(Generally-common access easements) 5. Boulevard 26 is classified as a P6D Major Arterial street on the Transportation Plan. A P6D roadway requires an ultimate right-of-way of 130 feet. Verify the existing right-of-way with established corner monuments on the opposite side of the street. NRH Subdivision Regulations§110-36s (Street right-of-way dedication)and§110-412(Generally—rights-of-way) DESIGN PRINCIPLES The following comments represent suggested modifications to the plat drawing based on general NRH design principles and standard practices in city planning. While conformance to these principles is not required by the subdivision regulations,the applicant is encouraged to include these modifications as part of the revised plat. 1. Add the City case number near the bottom right corner of the drawings (Case RP 2020-07). 2. City records indicate a single water service for 7502 and 7504 Boulevard 26.Sanitary sewer service is provided by the City of Richland Hills. Please provide a utility exhibit to accompany the replat showing how these buildings can be individually served by both water and sanitary sewer. For water this will mean an additional water tap and meter. For sanitary sewer this should mean a separate tap (if it isn't separate already). City standards do not allow the running of private services across adjacent properties. Options for service can be evaluated once the utility plan is provided. 3. Informational comments. a. City staff is verifying the location of the water services to ensure there are no issues with service lines crossing other properties. Page 1 of 2 1 RP 2020-07 b. The lots will retain their current addresses of 7504 Boulevard 26 (Lot 13R) and 7502 Boulevard 26(Lot 11R). If the business changes in the future on Lot 11R,the property may be assigned a new address of 4174 Willman Avenue. c. Lot 11R currently has signage on an existing pole sign on Boulevard 26, as the properties are all under common ownership. In the event Lot 13R is sold, the signage for Lot 11R would become an off-site and need to be removed, unless approval is granted by the Sign Review Board. Page 2 of 2 1 RP 2020-07 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: Consider Resolution No. 2020-022, to deny Oncor Electric Delivery Company LLC's application to amend its distribution cost recovery factor within the City of North Richland Hills. PRESENTER: Karen Manila, Assistant City Manager SUMMARY: The purpose of the Resolution is to deny Oncor Electric Delivery Company LLC's ("Oncor") rate request that was filed with the city on or about April 3, 2020. GENERAL DESCRIPTION: On or around April 3, 2020, Oncor filed an application for approval of a Distribution Cost Recovery Factor ("DCRF"). This is Oncor's third filing under a law adopted in 2011 allowing electric utilities to file limited issue, limited review cases. In the filing, Oncor is seeking a $75,889,531 increase in distribution revenues. For reference, Oncor asked for $29,433,804 increase last year. The City of North Richland Hills, along with approximately 160 other cities served by Oncor, is a member of the Steering Committee of Cities Served by Oncor ("Steering Committee"). The Steering Committee has engaged the services of a consultant to review Oncor's filing. The consultant will review the filing and identify adjustments that should be made to Oncor's request. Approving Resolution 2020-022 authorizes the City to participate with the Steering Committee of Cities Served by Oncor as a party in Oncor's filing, authorizes hiring Lloyd Gosselink and consultants to review the filing and take necessary action, finds Oncor's request to increase rates as unreasonable and denies such request, keeps the current rates in place until this case is settled, allows recovery of reasonable rate case expenses, confirms the Resolution was passed at a meeting that was open to the public and requires notification to both Oncor and legal counsel for the Steering Committee. RECOMMENDATION: Approve Resolution No. 2020-022. RESOLUTION NO. 2020-022 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH ONCOR CITIES STEERING COMMITTEE; AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ("City") is an electric utility customer of Oncor Electric Delivery Company LLC ("Oncor" or "Company"), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the Oncor Cities Steering Committee ("OCSC") is a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor's service area in matters before the Public Utility Commission ("Commission") and the courts; and WHEREAS, on or about April 3, 2020, Oncor filed with the Commission an Application to Amend its Distribution Cost Recovery Factor("DCRF"), Commission Docket No. 50734, seeking to increase distribution rates by $75.9 million annually (an approximately $0.88 increase to the average residential customer's bill); and WHEREAS, the City of North Richland Hills will cooperate with OCSC in coordinating their review of Oncor's DCRF filing with designated attorneys and consultants, prepare a common response, negotiate with the Company, and direct any necessary litigation, to resolve issues in the Company's filing; and WHEREAS, all electric utility customers residing in the City will be impacted by this ratemaking proceeding if it is granted; and WHEREAS, working with the OCSC to review the rates charged by Oncor allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, OCSC's members and attorneys recommend that members deny Oncor's DCRF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City is authorized to participate with OCSC in Commission Docket No. 50734. SECTION 2. That, subject to the right to terminate employment at any time, the City of North Richland Hills hereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle & Townsend, P.C. and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of Oncor's DCRF application. SECTION 3. That the rates proposed by Oncor to be recovered through its DCRF charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. SECTION 4. That the Company shall continue to charge its existing rates to customers within the City. SECTION 5. That the City's reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution. SECTION 6. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 7. That a copy of this Resolution shall be sent to Tab Urbantke, Attorney for Oncor, at Hunton Andrews Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 75202, and to Thomas Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.com. PASSED AND APPROVED this 11th day of May, 2020. Oscar Trevino, Mayor ATTEST: APPROVED AS TO FORM: Alicia Richardson, City Secretary Maleshia McGinnis, City Attorney "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: Select members of City Council to serve as Mayor Pro Tem, Deputy Mayor Pro Tem and Associate Mayor Pro Tem for a term of one year. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The purpose of this item is to select three members of council to serve as Mayor Pro Tem, Deputy Mayor Pro Tem and Associate Mayor Pro Tem for a one-year term. GENERAL DESCRIPTION: Article VII of the City Charter provides for the powers and duties of the City Council. Pursuant to Article VI, Section 2 of the City Charter, the council shall select a Mayor Pro Tem from among the seven members of council. The selection shall be made at the first regular meeting following the general city election. The Mayor Pro Tem shall, in the absence or disability of the Mayor, perform all the Mayor's duties. In light of the COVID-19 pandemic, it was apparent the City Council needed more than two standing leadership positions. In these unprecedented times, it is vital to ensure the continuity of our government. On March 23, 2020, staff introduced an amendment to the City Council's Rules of Procedure, Section 2-65, Chair and duties, to provide for the selection of a Deputy Mayor Pro Tem to serve in the absence of the Mayor and Mayor Pro Tem. At this meeting, the City Council directed staff to include an additional position to provide for four standing leadership positions. On March 26, 2020, the City Council approved Ordinance No. 3642, amending Chapter 2, Article II, Division 2, of the City Code of Ordinances, Rules of Procedure, Section 2- 65 (a) and (b) to provide for the selection of a Deputy Mayor Pro Tem and an Associate Mayor Pro Tem. Ordinance No. 3642 provides that the selection for the Deputy Mayor Pro Tem and Associate Mayor Pro Tem be from among the members of the council and at the same time as the selection for the Mayor Pro Tem. At this meeting, Council Member Scott Turnage was selected as Deputy Mayor Pro Tem and Council Member Tito Rodriguez was selected as Associate Mayor Pro Tem. RECOMMENDATION: Select members of council to serve as Mayor Pro Tem, Deputy Mayor Pro Tem and Associate Mayor Pro tem for a one-year term. ORDINANCE NO. 3642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 2, ARTICLE II, DIVISION 2, SECTION 2-65, RULES OF PROCEDURE, OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR THE SELECTION OF A DEPUTY MAYOR PRO TEM AND AN ASSOCIATE MAYOR PRO TEM IN THE ABSENCE OF THE MAYOR AND MAYOR PRO TEM; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that the City Council Rules of Procedure should be amended to create a Deputy Mayor Pro Tem position to act in the'absence of the Mayor and Mayor Pro Tem, and an Associate Mayor Pro Tem position to act in the absence of the Mayor, Mayor Pro Tem, and Deputy Mayor Pro Tem; and WHEREAS, the Deputy Mayor Tem and Associate Mayor Pro Tem positions would allow for increased resiliency and responsiveness of the City Council of North Richland Hills in times of disaster or other need; and WHEREAS, the City Council finds that the establishment of Deputy Mayor Pro Tem and Associate Mayor Pro Tem positions are in the best interest of the residents of North Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: That Chapter 2, Article 11, Division 2, of the City Code of Ordinances, Rules of Procedure, Section 2-65 (a) and (b) be amended to read as follows: Sec. 2-65. — Chair and duties. (a) Chair. The mayor, if present, shall preside as chair at all meetings of the council. In the absence or disability of the mayor, the mayor pro tern shall preside. There shall be a deputy mayor pro tem, who shall Ordinance No.3642 Page 1 of 3 preside in the absence or disability of both the mayor and the mayor pro tem. There shall also be an associate mayor pro tem, who shall preside in the absence or disability of the mayor, the mayor pro tem, and the deputy mayor pro tem. The deputy mayor pro tem and the associate mayor pro tem shall be selected from among the members of the council (i) at the first regular meeting following the general City election; (ii) following the swearing in of council members upon declaration of members elected; or (iii) upon action of the City Council in the event of a vacancy in either position. For meetings or events in which there exists the absence or disability of the mayor, the mayor pro tem, the deputy mayor pro tem, and the associate mayor pro tem, the city council shall elect a chair to preside until the end of the meeting or for the duration of the event. (b) Call to order. The meetings of the city council shall be called to order by the mayor, or in his absence or disability, by the mayor pro tem. In the absence or disability of both the mayor and mayor pro tem, the meeting shall be called to order by the deputy mayor pro tem. In the absence or disability of the mayor, the mayor pro tem, and the deputy mayor pro tem, the meeting shall be called to order by the associate mayor pro tem. In the absence or disability of the mayor, the mayor pro tem, the deputy mayor pro tem and the associate mayor pro tem, the meeting shall be called to order by the city secretary. SECTION 4: That all other provisions of Chapter 2, Article II, Division 2, Section 2-65 of the City of Ordinances, Rules of Procedure, not amended herein shall remain in full force and effect. SECTION 5: 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 6: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but maybe prosecuted until final disposition by the courts. 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 Ordinance No.3642 Page 2 of 3 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: This Ordinance shall be in full force and effect from and after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26th day of March, 2020. CITY OF NO RIC HI By: Oscar Trev6o, M711r R��H•�AMd ATTEST: n yr Z, Alicia Richardson, City h� a ..• '•lnG,��H�i1 APPROVED AS TO FORM AND LEGALITY: l Maleshia B. McGinnis, City Attorney RECOMMENDED: qn4lqL� Mark Hindman, City Manager Ordinance No.3642 Page 3 of 3 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 11, 2020 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements: North Richland Hills City Hall, Municipal Court and the animal shelter reopened to the public today with normal business hours. All visitors are asked to wear a face covering for health and safely while inside our city buildings. To help keep our staff safe, employees will continue temperature checks at the start of each shift, enhanced sanitation protocols, social distancing and wearing of face coverings. Online, phone and email services remain available and residents are encouraged to continue to utilize them as much as possible. To limit in-person contact and gathering of groups, City Council Meetings, Planning & Zoning Commission Meetings and Municipal Court hearings will continue to be conducted via teleconference until further notice. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Chris Amarante and the Facilities Staff (staff names will be listed on screen) — A city department director emailed his appreciation to the facilities department for their around-the-clock deep cleaning in recent weeks. He wrote, "It's comforting to see them around City Hall hard at work. Many departments deserve recognition for their innovation, flexibility and adaptability at this time, but I want to make sure Facilities is also recognized."