This facility is wheelchair accessible and accessible...

CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA

NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820

NORTH RICHLAND HILLS, TEXAS Monday, October 25, 2010

5:45 P.M.

A.1 Discuss Items from Regular City Council Meeting A.2 Little Bear Creek Trail and Calloway Branch Trail Project Update (15 Minutes) A.3 New Recreation Center Update (20 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to

discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for

Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09)

C.0 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 October 22, 2010. ________________________ 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. 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.

CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA

CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820

NORTH RICHLAND HILLS, TEXAS Monday, October 25, 2010

7:00 P.M.

------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule:

City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City’s web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Texas Environmental Health Association

Award presented by JoAnn Stout, Director of Neighborhood Services A.4 Citizens Presentation

An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation.

A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS

All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered.

http://www.nrhtx.com/

B.1 Approval of Minutes of October 11, 2010 City Council Meeting B.2 PW 2011-038 Award a Professional Services Agreement in the amount of $623,500 to

Teague, Nall & Perkins, Inc. for Right-of-Way & Easement Acquisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid-Cities Boulevard to Hightower Drive/Ridgetop Road) Project (ST0202)

B.3 PU 2010-024 Authorize the Purchase of Turf Equipment for the Iron Horse Golf Course

in the Amount of $161,149.60 B.4 GN 2010-090 Approve the Execution of a Professional Services Agreement with CMJ

Engineering, Inc. in the amount of $77,981 for Construction Materials Testing Services for the New Recreation Center

B.5 GN 2010-091 Approve Execution of a Discretionary Service Agreement with Oncor

Electric Delivery Company for the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174,078.57

B.6 GN 2010-093 Texas Governor's Office Criminal Justice Programs Competitive Grant -

Resolution No. 2010-030 C.0 PUBLIC HEARINGS

No items for this category. D.0 PLANNING AND DEVELOPMENT

Items to follow do not require a public hearing. No items for this category.

E.0 PUBLIC WORKS

No items for this category. F.0 GENERAL ITEMS F.1 GN 2010-088 Intent to Reimburse Expenditures with Proceeds of Future Debt -

Resolution No. 2010-029 F.2 GN 2010-089 Appointments to Boards & Commissions - Place 4 F.3 GN 2010-092 Appointment to Teen Court Advisory Board - Place 1 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS

H.1 Announcements - Councilman Lewis H.2 Adjournment

All items on the agenda are for discussion and/or action.

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 October 22, 2010. ________________________ 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. 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.

City of North Richland Hills City Council Work Session Meeting Agenda

North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820

North Richland Hills, TX 76180 Monday, October 25, 2010

5:45 P.M.

A.1 Discuss Items from Regular City Council Meeting A.2 Little Bear Creek Trail and Calloway Branch Trail Project Update (15 Minutes) A.3 New Recreation Center Update (20 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive

Session to discuss the following as authorized by Chapter 551, Texas Government Code

B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for


C.0 Adjournment

Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting

CITY OF NORTH RICHLAND HILLS

Department: Parks and Recreation Council Meeting Date: 10-25-2010 Presented by: Vickie Loftice / Bill Thornton Agenda No. A.2 Subject: Little Bear Creek Trail and Calloway Branch Trail Project Update (15 Minutes) Summary: The City is implementing the ISTEA funded Little Bear Creek Trail Project concurrently with the Calloway Branch Trail Project. Our Grant Agreement with the Texas Department of Transportation (TxDOT) included using one professional services consultant Newman, Jackson, Beiberstein, Inc. (NJB) for both trail projects. After several years of working through issues and conflicts with property ownership, hydraulics and trail alignments, the project is now ready to move forward with design and construction documents. A PowerPoint presentation will provide an overview of the project along with recent revisions to the trail alignment and anticipated project schedule. General Description: The Little Bear Creek Flood Plain Management Ordinance established the limits of the Little Bear Creek Flood Plain Corridor. Initially, the alignment for the trail was predicated on the established limits of the Little Bear Creek Corridor as originally adopted. Since that time, revisions to the limits of the Corridor have been made as development along the corridor has occurred. Additionally, new, updated software used to perform hydraulic calculations have allowed for revisions to the limits of the fully developed flood plain. These revisions, along with coordination with new gas pipeline routes, have resulted in the necessary re-alignment of approximately 12,000 linear feet of the trail. Re-alignment of the trail necessitates amending the professional services contract with NJB, Inc. to include the following additional services:

Compute new trail centerline Stake, field inspect and adjust new alignment Prepare topographic survey of new alignment Perform hydraulics studies to confirm no adverse impacts to LBC floodplain Prepare updated environmental report for the new trail alignment Prepare plans and specifications to reflect new alignment Structural engineering for revised bridge locations and abutments Revision to all plan sheets and cross section details and new TxDOT submittals

Additional work will also required for revisions to the Calloway Branch Trail and bridge alignment at Richfield Park because of flood way issues discovered during the design.


Although this Supplemental Agreement will amend the professional services contract amount, the total amount of the grant and the total project costs for the City is expected to remain unchanged. This is accomplished by re-allocating grant funds within the project schedule from land acquisition allocation to engineering allocation. The Supplemental Agreement for the necessary additional services will be submitted to TxDOT for their approval prior to Council consideration later this year. The total project cost for both trail projects is $3,328,000. The City’s 21% share of the grant funded projects is $698,880 with TxDOT providing $2,629,120. Engineering and design is scheduled to be complete in July 2011, with construction beginning in October 2011.

Department: Parks and Recreation Council Meeting Date: 10-25-2010 Presented by: Vickie Loftice / Dwayne Brinkley Agenda No. A.3 Subject: New Recreation Center Update (20 Minutes) Summary: Staff will provide a general update on the recreation center project including interior materials and colors represented in a PowerPoint presentation highlighted by a “fly-through” experience within the new building. General Description: The Recreation Center project is moving along schedule with design complete and bids for the individual trades received and being evaluated. Brinkley Sargent Architects (BSA) completed the construction documents and our Construction Manager at Risk (CMAR), Byrne Construction, issued bids for all of the individual trades on September 17, 2010. A pre-bid meeting was held on September 27, 2010 in the community room at the Public Library. Bids were received on October 12 and are currently being reviewed and evaluated by BSA and Byrne Construction. Once their evaluation is complete, Byrne will prepare a Guaranteed Maximum Price (GMP) amendment to our existing CMAR Contract. In accordance with the approved construction contract, the GMP will be the sum of the following:

1) Contractor’s fee for providing pre-construction services 2) Subcontracts representing all necessary construction trades 3) Contractual costs identified for overhead and general conditions 4) Established fee for providing construction services

An application for a final plat was presented to the Planning and Zoning Commission at their October 21, 2010 meeting. Their recommendation will be forwarded to City Council for consideration at the November 8, 2010 City Council meeting. Dwayne Brinkley, with BSA, will provide a PowerPoint Presentation of the interior spaces highlighted by a “fly-through” of the new building.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09))


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. C.0 Subject: Adjournment


City of North Richland Hills City Council Regular Meeting Agenda

North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820

North Richland Hills, TX 76180 Monday, October 25, 2010

7:00 P.M.

A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Texas Environmental Health

Association Award presented by JoAnn Stout, Director of Neighborhood Services A.4 Citizens Presentation

An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation.

A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS

All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered.

B.1 Approval of Minutes of October 11, 2010 City Council Meeting B.2 PW 2011-038 Award a Professional Services Agreement in the amount of

$623,500 to Teague, Nall & Perkins, Inc. for Right-of-Way & Easement Acquisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid-Cities Boulevard to Hightower Drive/Ridgetop Road) Project (ST0202)

B.3 PU 2010-024 Authorize the Purchase of Turf Equipment for the Iron Horse Golf

Course in the Amount of $161,149.60

B.4 GN 2010-090 Approve the Execution of a Professional Services Agreement with CMJ Engineering, Inc. in the amount of $77,981 for Construction Materials Testing Services for the New Recreation Center

B.5 GN 2010-091 Approve Execution of a Discretionary Service Agreement with

Oncor Electric Delivery Company for the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174,078.57

B.6 GN 2010-093 Texas Governor's Office Criminal Justice Programs Competitive

Grant - Resolution No. 2010-030 C.0 PUBLIC HEARINGS

No items for this category.

D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category.

E.0 PUBLIC WORKS No items for this category.

F.0 GENERAL ITEMS F.1 GN 2010-088 Intent to Reimburse Expenditures with Proceeds of Future Debt -

Resolution No. 2010-029 F.2 GN 2010-089 Appointments to Boards & Commissions - Place 4 F.3 GN 2010-092 Appointment to Teen Court Advisory Board - Place 1 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session

Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Lewis H.2 Adjournment

Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject: Call to Order - Mayor Trevino


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Councilman David Whitson Agenda No. A.1 Subject: Invocation - Councilman Whitson


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Councilman David Whitson Agenda No. A.2 Subject: Pledge - Councilman Whitson


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Stephanie East Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Texas Environmental Health Association Award presented by JoAnn Stout, Director of Neighborhood Services Summary: The Consumer Health Division of the Neighborhood Services Department received the Texas Environmental Health Association (TEHA) Award of Excellence in Food Safety on October 21, 2010. This is the second year in a row that Consumer Health has been presented with this honor. General Description TEHA recognizes entities throughout Texas that achieve a high degree of professionalism and commitment to the communities they serve. North Richland Hills received the award for small jurisdictions with staff of one to ten. This is a very prestigious award that demonstrates the City’s commitment to the safety of our citizens as well as highlighting the excellent job our inspectors do to maintain the level of service expected by our community. Consumer Health was selected to receive this award based on an application process that detailed five areas:

(1) Program planning and implementation, including the Consumer Health mission statement and division goals, details on the food inspection program, enforcement, and internal quality assurance.

(2) Education program, including public education programs, food manager/food worker training programs, and training sessions offered to permitted facilities.

(3) Program management, including information on data management and utilization, analysis of outcomes, and support and resources available to the Division.

(4) External involvement, including information on special events, participation with local establishments, and leadership role in the community.

(5) Texas Environmental Health Association participation and training details.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of October 11, 2010 City Council Meeting Recommendation: To approve the minutes of the October 11, 2010 City Council Meeting.


MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,

HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 – OCTOBER 11, 2010

WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11th day of October, 2010 at 6:15 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2

John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer John Pitstick Director of Planning & Development Craig Hulse Director of Economic Development Andy Jones Fire Chief Laury Fiorello Assistant Finance Director Andy Kancel Assistant Police Chief Dave Pendley Building Official Sean Hughes Emergency Management Coordinator Jamie Brockway Purchasing Manager Eric Wilhite Chief Planner Call to Order Mayor Trevino called the work session to order at 6:17 p.m.

A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 Update and Discussion Regarding Digital Billboards and Becoming a Self-

Regulated "Certified City" by the Texas Department of Transportation Mr. Dave Pendley, Building Official, presented a PowerPoint presentation updating the Council on the City’s progress in becoming a TxDOT “Certified City” which will allow the City to regulate billboards along Loop 820 and Texas 121. Mr. Pendley discussed with Council billboard requirements for non-certified cities. Council was advised that by becoming a TxDOT “Certified City” the Council through the Sign Review Board will be able to equitably grant case-by-case variances that non-certified cities are not authorized to grant. The variances must be consistent with the Federal Highway Beautification Act of 1965. A proposed ordinance is on the regular Council agenda for Council’s consideration. The ordinance includes language that must be incorporated into the City’s sign regulations which confirms compliance with the Federal Highway Beautification Act of 1965 and adds to the Table of Permitted Signs “Relocated Billboards” allowing for the relocation of existing billboard signs when allowed by the Texas Department of Transportation Administrative Rules and approved by the Sign Review Board per section 106-15. Council concurred with the information presented and took formal action on the proposed ordinance during the regular council meeting. A.3 Update on the North Tarrant Express Project Mr. Craig Hulse, Director of Economic Development, presented a PowerPoint presentation updating the Council on the locations, timing and construction activities of the North Tarrant Express project. Construction activities in calendar year 2010 will be in the areas of IH 35W and Loop 820 interchange, between Beach Street and Denton Highway, between Hurstview and Norwood and S.H. 183 northbound to SH 121. Council requested Staff to extend an invitation to Golfsmith, Garden Ridge, Ashley Furniture and North Hills Hospital to become a part of the business mobility team. A.4 Discuss Proposed Rule Change to Council Rules of Procedure Council discussed this item at a previous council work session and Staff was instructed to draft new language based on the input received from Council during the work session. The proposed rule change previously discussed would add a provision to the Council Rules of Procedures that would not allow comments during citizens presentation on matters in which Staff is scheduling stakeholders meetings or other meetings designed to solicit citizen input. Mr. Hindman advised Council the language previously presented had been revised to include a 60 day time limit - No citizen comment will be allowed on any matter on which staff has scheduled or will be scheduling stakeholder meetings or similar meetings designed to solicit citizen input

within 60 days, it being the council’s intent that such comments be made at such meetings. After further discussion of the proposed rule change, Council concurred with the revised language and further directed Staff to also clarify the process for individuals to address Council on a non-public hearing agenda item. Council was supportive of hearing from individuals wishing to speak on non-public hearing agenda items. Council suggested allowing any member of the Council to request a person to be heard by the Council unless another member of the Council objects. If there is an objection, the Council would then vote on whether to hear the person requesting to speak. Staff will draft suggested language based on Council’s input for Council’s consideration. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive




Mayor Trevino announced at 6:43 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 for consultation with attorney regarding pending litigation – Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); (b) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); (c) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09).

RECESS TO REGULAR SESSION

Mayor Trevino recessed the Executive Session at 6:57 p.m. and announced that Council would convene into Regular Session and would reconvene after Regular Session to continue discussion of the Executive Session item. Council reconvened in Executive Session following the regular council meeting.

REGULAR COUNCIL MEETING

A.0 CALL TO ORDER

Mayor Trevino called the meeting to order October 11, 2010 at 7:06 p.m.

ROLL CALL

Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2

John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples Attorney

A.1 INVOCATION

Councilman Turnage gave the invocation.

A.2 PLEDGE OF ALLEGIANCE

Lance Corporal Ryan Biggs, 2nd Platoon, Bravo Company, 1st Combat Engineer Battalion, United States Marines led the pledge of allegiance.

A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)

North Richland Hills Flag presentation honoring Lance Corporal Ryan Biggs by Councilman Lombard

Councilman Lombard presented Lance Corporal Ryan Biggs with a North Richland Hills City flag.

A.4 CITIZENS PRESENTATION

None.

A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA

None.

B.0 APPROVAL OF CONSENT AGENDA ITEMS

APPROVED B.1 APPROVAL OF MINUTES OF SEPTEMBER 27, 2010 CITY COUNCIL

MEETING B.2 GN 2010-084 CANCELLING THE NOVEMBER 22 AND DECEMBER 27 CITY

COUNCIL MEETINGS MMAAYYOORR PPRROO TTEEMM SSAAPPPP MMOOVVEEDD TTOO AAPPPPRROOVVEE TTHHEE CCOONNSSEENNTT AAGGEENNDDAA.. CCOOUUNNCCIILLMMAANN WWHHIITTSSOONN SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

PUBLIC HEARINGS

C.1 ZC 2009-08 CONTINUE PUBLIC HEARING TO CONSIDER A REQUEST FROM

GENE SCHAY FOR A ZONING CHANGE FROM "R-1-S" SPECIAL SINGLE FAMILY TO "R-2" SINGLE FAMILY ON A PORTION OF LOT 3R, BLOCK 14, GLENANN

ADDITION (LOCATED AT 8620 MARTIN DRIVE - 0.532 ACRES.) ORDINANCE NO. 3109 (CONTINUATION FROM SEPTEMBER 13, 2010 COUNCIL MEETING)

WITHDRAWN Mayor Trevino advised that this item was a continuance of the public hearing from the September 13 Council Meeting. Mayor Trevino called on the applicant to come forward. Mr. Gene Schay advised that during the zoning process there were issues that had come up and therefore would need to withdraw his request until the issues could be resolved. Mayor Trevino closed the public hearing.

C.2 RP 2009-05 CONTINUE PUBLIC HEARING TO CONSIDER A REQUEST FROM

GENE SCHAY FOR A REPLAT OF LOT 3R, BLOCK 14, GLENANN ADDITION INTO LOTS 3R1 AND 3R2, BLOCK 14, GLENANN ADDITION (LOCATED AT 8620 MARTIN DRIVE - 1.960 ACRES.) (CONTINUATION FROM SEPTEMBER

13, 2010 COUNCIL MEETING) WITHDRAWN

Mayor Trevino advised that this item was a continuance of the public hearing from the September 13 Council Meeting. Mayor Trevino called on the applicant to come forward. Mr. Gene Schay advised that again due to issues in the process he would need to withdraw his request until the issues could be resolved. Mayor Trevino closed the public hearing and advised that once the issues were resolved that fees for Mr. Schay to resubmit his requests would be waived.

PLANNING & DEVELOPMENT

D.0 No items for this category.

PUBLIC WORKS

E.0 No items for this category.

GENERAL ITEMS

F.1 GN 2010-082 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE

NO. 1 (TIF #1) AND APPOINTMENT OF CHAIR APPROVED

Patricia Hutson, City Secretary presented the item. The bylaws of Reinvestment Zone No. 1 state that the Board is to consist of nine directors; five are to be appointed by the City Council; one is appointed by the governing body of Birdville Independent School District; one appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County. The directors are to serve two-year terms of office. The five Council Members serving on Reinvestment Zone No. 1 terms of office expire in

October. The City Council is being requested to make five appointments to the Board. The members whose terms will expire are Mayor Trevino, Councilman Lewis, Councilman Turnage, Councilman Whitson, and Councilman Welch. In the past Council also elected to appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the exception of the one extra Council member on Reinvestment Zone No. 2, although there is no requirement for the members to be the same. The next agenda item is to consider the appointments to Reinvestment Zone No. 2. The bylaws also state that the Council shall appoint a Chair annually. MMAAYYOORR PPRROO TTEEMM SSAAPPPP MMOOVVEEDD TTOO RREEAAPPPPOOIINNTT MMAAYYOORR TTRREEVVIINNOO,, CCOOUUNNCCIILLMMAANN LLEEWWIISS,, CCOOUUNNCCIILLMMAANN TTUURRNNAAGGEE,, CCOOUUNNCCIILLMMAANN WWHHIITTSSOONN AANNDD CCOOUUNNCCIILLMMAANN WWEELLCCHH TTOO TTHHEE RREEIINNVVEESSTTMMEENNTT ZZOONNEE NNOO.. 11 AANNDD MMAAYYOORR TTRREEVVIINNOO TTOO CCOONNTTIINNUUEE AASS CCHHAAIIRR.. CCOOUUNNCCIILLMMAANN LLOOMMBBAARRDD SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

F.2 GN 2010-083 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE

NO. 2 (TIF #2) AND APPOINTMENT OF CHAIR APPROVED

Patricia Hutson, City Secretary, presented the item. The bylaws of Reinvestment Zone No. 2 state that the Board is to consist of nine directors; six are to be appointed by the City Council; one is appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County. The directors are to serve two-year terms of office. The terms of office for the six Council Members serving on Reinvestment Zone No. 2 expire in October. The City Council is being requested to make six appointments to the Board. The Council Members whose terms will expire are Mayor Trevino, Mayor Pro Tem Sapp, Councilman Lewis, Councilman Whitson, Councilman Turnage and Councilman Welch. The bylaws also state that the Council shall appoint a Chair annually. After the appointment of the six directors, Council is requested to appoint the Chair. CCOOUUNNCCIILLMMAANN LLOOMMBBAARRDD MMOOVVEEDD TTOO RREEAAPPPPOOIINNTT MMAAYYOORR TTRREEVVIINNOO,, MMAAYYOORR PPRROO TTEEMM SSAAPPPP,, CCOOUUNNCCIILLMMAANN LLEEWWIISS,, CCOOUUNNCCIILLMMAANN WWHHIITTSSOONN,, CCOOUUNNCCIILLMMAANN TTUURRNNAAGGEE AANNDD CCOOUUNNCCIILLMMAANN WWEELLCCHH TTOO TTHHEE RREEIINNVVEESSTTMMEENNTT NNOO.. 22 AANNDD RREEAAPPPPOOIINNTT MMAAYYOORR TTRREEVVIINNOO AASS CCHHAAIIRR.. CCOOUUNNCCIILLMMAANN BBAARRTTHH SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

F.3 GN 2010-081 APPOINTMENT TO TEEN COURT ADVISORY BOARD – PLACE 7

APPROVED

Patricia Hutson, City Secretary, summarized the item. The Place 7 position on the Teen Court Advisory Board is currently vacant. Councilman Welch is recommending the appointment of Diana Goodwin to fill the vacancy. The term of office for the Place 7 position expires on June 30, 2011. CCOOUUNNCCIILLMMAANN WWEELLCCHH MMOOVVEEDD TTOO AAPPPPOOIINNTT DDIIAANNAA GGOOOODDWWIINN TTOO TTEEEENN CCOOUURRTT AADDVVIISSOORRYY BBOOAARRDD,, PPLLAACCEE 77.. CCOOUUNNCCIILLMMAANN WWHHIITTSSOONN SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

F.4 GN 2010-086 APPOINTMENT TO RED LIGHT CAMERA ADVISORY COMMITTEE -

PLACE 7 APPROVED

Patricia Hutson, City Secretary, summarized the item. In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. Councilman Welch is requesting Council to approve his nomination of Ms. Karen Williams to the Place 7 position. Ms. Williams’ term of office will expire June 30, 2011. CCOOUUNNCCIILLMMAANN WWEELLCCHH MMOOVVEEDD TTOO AAPPPPOOIINNTT KKAARREENN WWIILLLLIIAAMMSS TTOO TTHHEE RREEDD LLIIGGHHTT CCAAMMEERRAA AADDVVIISSOORRYY CCOOMMMMIITTTTEEEE,, PPLLAACCEE 77.. CCOOUUNNCCIILLMMAANN TTUURRNNAAGGEE SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

F.5 GN 2010-080 AUTHORIZE THE PURCHASE OF NEW COMMUNICATION CONSOLES FROM WATSON FURNITURE GROUP, INC. IN THE AMOUNT OF

$51,761.25 APPROVED

Andy Kancel, Assistant Police Chief, summarized the item. The three current dispatch workstations, which were installed in 1995, have become worn due to continuous use and are antiquated as to form and function. Staff requests authorization to purchase replacement dispatch workstations. This purchase, in the amount of $51,761.25, will be funded from the Special Investigation 911/Telecom account. The Tarrant County 9-1-1 District is providing an additional funding opportunity this year through a PSAP (Public Safety Answering Point) Assistance Program. This program provides reimbursement for approved purchases and the North Richland Hills PSAP qualified for a maximum reimbursement amount of $30,341.18. This amount would be used to reimburse the 911/Telecom account once the transaction is complete.

CCOOUUNNCCIILLMMAANN LLOOMMBBAARRDD MMOOVVEEDD TTOO AAPPPPRROOVVEE GGNN 22001100--008800.. CCOOUUNNCCIILLMMAANN LLEEWWIISS SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

F.6 GN 2010-085 AUTHORIZE PAYMENT TO MOTOROLA IN THE AMOUNT OF $281,050.58 FOR PUBLIC SAFETY RADIO MAINTENANCE AGREEMENT

APPROVED Sean Hughes, Emergency Management Coordinator, presented the item. The City of North Richland Hills has shared the maintenance costs with the Cities of Bedford, Euless, Keller, Haltom City, Southlake, Colleyville, Grapevine, Richland Hills and Tarrant County for the past twenty-three (23) years. The City of North Richland Hills pays the amount in full and then is reimbursed $256,078.77 by the other entities for their share of the radio maintenance. An Interlocal Agreement is in place to facilitate this. Staff recommends authorization of payment to Motorola for Public Safety Radio Maintenance. CCOOUUNNCCIILLMMAANN WWEELLCCHH MMOOVVEEDD TTOO AAPPPPRROOVVEE PPAAYYMMEENNTT TTOO MMOOTTOORROOLLAA IINN TTHHEE AAMMOOUUNNTT OOFF $$228811,,005500..5588 FFOORR RRAADDIIOO MMAAIINNTTEENNAANNCCEE.. MMAAYYOORR PPRROO TTEEMM SSAAPPPP SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

F.7 PU 2010-023 APPROVE BID # 10-042 AN ANNUAL CONTRACT FOR FIRE

FIGHTING PROTECTIVE CLOTHING TO CASCO INDUSTRIES APPROVED

Sean Hughes, Emergency Management Coordinator, presented the item. The City of North Richland Hills has taken the lead role in developing and encouraging cooperative purchasing among the governmental entities for the purchase of Firefighting Protective Clothing. Council is being asked to award this annual contract to Casco Industries. It is estimated that under this contract a total amount of $215,500 would be spent by the following cities:

City of North Richland Hills $58,032 City of Watauga $10,000 City of Richardson $86,795 City of Euless $30,200 City of Southlake $30,416

There are no set required quantities to be purchased under this contract. The specifications call for pricing to remain firm for a twelve (12) month period with option to review the pricing and extend the annual contract for four (4) additional twelve (12) month period if it remains beneficial to the City. CCOOUUNNCCIILLMMAANN LLEEWWIISS MMOOVVEEDD TTOO AAPPPPRROOVVEE PPUU 22001100--002233.. CCOOUUNNCCIILLMMAANN TTUURRNNAAGGEE SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

F.8 GN 2010-087 CONSIDER MODIFICATIONS TO THE SIGN REGULATIONS

PURSUANT TO BILLBOARDS AND BECOMING A TXDOT CERTIFIED CITY - ORDINANCE NO. 3116

APPROVED Dave Pendley, Building Official, summarized the item. On July 26, 2010, the City Council directed staff to pursue obtaining “Certified City” status from the Texas Department of Transportation that would allow the City of North Richland Hills to regulate billboards along Loop 820 and Texas Highway 121. “Certified Cities” become the governing body to permit, inspect and enforce federal, state and local billboard regulations. The status also allows the city (via the Sign Review Board) to grant variances that non-certified cities are not authorized to grant. Staff is recommending approval of Ordinance No. 3116. MMAAYYOORR PPRROO TTEEMM SSAAPPPP MMOOVVEEDD TTOO AAPPPPRROOVVEE GGNN 22001100--008877;; OORRDDIINNAANNCCEE NNOO.. 33111166.. CCOOUUNNCCIILLMMAANN LLOOMMBBAARRDD SSEECCOONNDDEEDD TTHHEE MMOOTTIIOONN.. MMOOTTIIOONN TTOO AAPPPPRROOVVEE CCAARRRRIIEEDD 77--00..

EXECUTIVE SESSION ITEMS

G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK

SESSION AGENDA Mayor Trevino advised that Executive Session discussion was not completed during the work session due to time constraints and that Council will convene in Executive Session following the regular Council meeting. If any action is needed following Executive Session, action will be taken in the City Council Workroom in open meeting and then the Council meeting would be adjourned.

INFORMATION AND REPORTS

H.1

ANNOUNCEMENTS Mayor Pro Tem Sapp made the following announcements. Early voting begins October 18th for the election for Texas Governor and other state and county offices. In North Richland Hills, early voting will take place at the Recreation Center located at 6720 NE Loop 820. For more information about the election, visit the Tarrant County Elections website at tarrantcounty.com/eVote or call 817-831-8683. North Richland Hills is proud to be the home of the Texas Brahmas hockey team! The Brahmas will play their first home game of the 2010-2011 season on October 22nd at the NYTEX Sports Centre located at 8851 Ice House Dr. For a complete game schedule and more information about the Brahmas, visit brahmas.com or call 817-336-4423. Volunteers are needed for the Neighborhood Initiative Fix It Blitz on October 23rd and 24th. During this weekend event, volunteers will help those who are less fortunate in our community. Projects will include home repairs and yard work for residents who are elderly or disabled. Local businesses, civic organizations, scout troops, churches, families and individuals are encouraged to volunteer. All ages and skill levels are welcome. For more information, please call the Neighborhood Services Department at 817-427-6650. Kudos Korner - Ken Boyer, Police Department. An e-mail was received from a resident expressing gratitude for Officer Boyer’s work to recover his grandson’s iPhone. The phone had been stolen a day before and the resident had very little hope of getting it back before his grandson left for college. The next day, Officer Boyer called to inform him that the phone had been recovered. The resident stated, “It’s comforting to know that even relatively small cases like ours receive prompt and professional treatment.”

RECESS AND BACK TO ORDER

Mayor Trevino recessed the meeting at 7:43 p.m. for a small reception in the Council Workroom and announced that following the reception City Council would convene into Executive Session in the Council Workroom pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09)). Any action needed as a result of Executive Session will be taken following the Executive Session in the Council Workroom and the Council meeting will be adjourned in the Council Workroom.

http://www.tarrantcounty.com/eVote

EXECUTIVE SESSION B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive




Mayor Trevino called the meeting back to order at 8:00 p.m. with all Council members present as recorded and convened an open meeting in the Council Workroom and announced that the Council would adjourn to Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 for consultation with attorney regarding pending litigation – Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); (b) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); (c) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09) .

ADJOURNMENT Mayor Trevino adjourned the Executive Session at 8:20 p.m. and reconvened the regular session at 8:20 p.m. There being no action required from Executive Session, Mayor Trevino adjourned the regular session at 8:20 p.m.

____________________________ Oscar Trevino – Mayor

ATTEST:

____________________________ Patricia Hutson, City Secretary

Department: Public Works Council Meeting Date: 10-25-2010 Presented by: Gregory Van Nieuwenhuize Agenda No. B.2 Subject: PW 2011-038 Award a Professional Services Agreement in the amount of $623,500 to Teague, Nall & Perkins, Inc. for Right-of-Way & Easement Acquisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid-Cities Boulevard to Hightower Drive/Ridgetop Road) Project (ST0202) Summary: The Council is being asked to award a professional services contract regarding the acquisition of Right-of-Way and easements for the CIP Project identified as “Rufe Snow Drive from Mid-Cities Boulevard to North of Hightower Drive” in the Capital Projects Budget. General Description: This portion of the Project will consist of the acquisition of right-of-way and temporary construction easements to support the widening of Rufe Snow Drive from Mid-Cities Boulevard to approximately 1100’ north of Hightower Drive (in the area of Ridgetop Road). Previously, the City Council approved a Local Project Advance Funding Agreement (LPAFA) for this project which allocates up to a maximum amount of $7,562,043 from the Texas Department of Transportation (TxDOT) for engineering design, Right-Of-Way (ROW) acquisition and construction of the project. The project’s design will include the widening of the roadway from the existing 5-lane undivided 61-foot wide asphalt street to a 7-lane undivided roadway. In order to construct this proposed wider section, approximately 120 parcels need to be acquired - 40 ROW parcels (needing both ROW acquisition and Temporary Construction Easement acquisition equating into 80 parcels) and 40 Temporary Construction Easements (for existing properties on which ROW is not needed). The scope of the project includes appraisals, negotiation, and closure of all needed parcels within the parameters set for by TxDOT and the Federal Government. Staff followed the City’s policy for procuring professional services of a consulting firm. Requests for proposals were initially sent to local firms experienced in projects such as this; 12 firms responded by submitting proposals to the City. Four (4) North Richland Hills staff members (Economic Development Director, PW Admin Civil Engineer, Building Official, and Senior Park Planner) comprised the selection committee. The committee evaluated the 12 proposals and selected the top five (5) firms based on each firm’s design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top five (5) firms chosen by the committee were: Halff Associates, HDR, O.R. Colan & Associates, Teague Nall & Perkins and TranSystems. Following presentations to the committee, Teague Nall & Perkins was unanimously chosen as the top firm.


Teague Nall and Perkins, Inc. (TNP) is a consulting firm that provides professional civil engineering, surveying, landscape architecture, ROW acquisition and planning services to municipalities, counties, and other governmental entities in North Texas. Since 1976, TNP has built a strong resume in civil engineering, and has developed a local reputation for providing quality and responsive service. TNP has an experienced and knowledgeable team of right-of-way professionals who have a 22-year track record of acquiring right-of-way and coordinating utility adjustments for public entities in Texas. The professional services agreement outlines the scope of work in Attachment A. Listed below are the key items within the scope of work:

• Project limits are from Mid-Cities Boulevard to north of Hightower Drive (Ridgetop Road).

• 40 Right-of-Way Parcels with Temporary Construction Easements and 40 stand-alone Temporary Construction Easements.

• Scope includes all necessary appraisal, negotiation, and closing services for ROW acquisition, as well as provisions for condemnation services should such services be necessary.

• The parcels will be acquired in accordance with Federal and TxDOT regulations. Staff negotiated a $623,500 consultant fee. This fee consists of a base fee, and a fee for additional services (condemnation support, stand-alone easement negotiation). Shown below is a breakdown of these fees:

Base Fee $ 381,300 Additional Services $ 242,200 Total Fee $ 623,500

The Base Fee will be a not-to-exceed fee in the amount of $381,300. The Additional Services Fee will be billed on a per-parcel or hourly basis and will only be paid if these services are needed. The total amount of the professional services agreement for this project is $623,500. There is sufficient funding for design services and ROW services in the 2010-2011 Capital Projects Budget. Recommendation: Award a Professional Services Agreement in the amount of $623,500 to Teague, Nall & Perkins, Inc. for Right-of-Way & Easement Acquisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid-Cities Boulevard to Hightower Drive/Ridgetop Road) Project (ST0202) and authorize the City Manager to execute such professional services agreement.

AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE

CITY OF NORTH RICHLAND HILLS AND

Teague Nall & Perkins, Inc

I.

This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called “CITY”), and Teague Nall & Perkins, Inc., a Texas corporation, acting by and through William L. Wimberley,P.E.; its duly authorized Right of Way Manager (hereinafter called “ENGINEER”).

WITNESSETH, that CITY desires professional engineering (ROW) services in connection with the Rufe Snow Drive From: Mid-Cities Boulevard To: Ridgetop Road.

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 right of way acquisition services for Rufe Snow Drive From: Mid-Cities Boulevard To: North of Ridgetop Road in accordance with State, Federal and City rules and guidelines for the acquisition of property to be used on Federal aid Streets and Highways.

III. BASIC AGREEMENT

ENGINEER is an independent contractor and undertakes and agrees to perform professional right of way services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER’s employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VII: “Compensation” and Exhibit E: “Compensation”.

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 Right of Way Acquisition 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. ADDITIONAL ENGINEERING SERVICES

The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit C: “Additional Engineering Services”, attached hereto and made a part of this Agreement.

VI. SCOPE OF CITY SERVICES

The City will furnish items and perform those services as identified in Exhibit D: “Services to be provided by the City”, attached hereto and made a part of this Agreement.

VII. COMPENSATION

A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit E: “Compensation”.

B. Total payments including without limitation salary and reimbursable expenses, to

ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed six hundred twenty three thousand five hundred dollars> ($623,500.00).

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.

VIII. OWNERSHIP OF DOCUMENTS

All completed or partially completed evaluations, reports, surveys, designs, drawings

and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the

property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement.

IX. INDEMNITY

ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT.

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.

In this connection, 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 from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER’s designs, working drawings, specifications or other engineering documents.

X. 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

D. Professional Liability:

Errors and Omissions $ 1,000,000

The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY.

XI. ARBITRATION

No arbitration arising out of or relating to this Agreement shall occur without both parties’ written approval.

XII. TERMINATION AND SUSPENSION

A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement.

B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall

pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: “Compensation” hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed.

XIII. 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.

XIV. 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 Right of Way Acquisition 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.

XV. 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.

XVI. 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 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.

XVII. 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 Right of Way Acquisition Services Exhibit “C” Additional ROW/Surveying/Environmental Services Exhibit “D” Services to be Provided by the City Exhibit “E” Compensation Exhibit “F” Conflict of Interest Questionnaire

XVIII. 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. The parties hereto waive any claim they may have for attorney

fees in any litigation arising out of this contract or the failure of either party to comply with the terms of such contract.

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: Teague Nall & Perkins, Inc.

Attn: William L.Wimberley, P.E. 1100 Macon Street Fort Worth, TX 76102

If to CITY:

City of North Richland Hills Attn: Mr. Mike Curtis, P.E.

Managing Director of Development Services 7301 N.E. Loop 820 North Richland Hills, Texas 76180

D. Independent Contractor. ENGINEER shall perform services hereunder as an

independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER.

E. Venue. This Agreement shall be governed by the laws of the State of Texas,

and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas.

F. Entire Agreement. This Agreement represents the entire and integrated

agreement between CITY and ENGINEER and supersedes all prior negotiations,

representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER.

G. Severability. If any provision in this Agreement shall be held illegal by a valid

final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable.

H. Assignment. CITY and ENGINEER each bind themselves, their heirs,

successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party.

I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it

has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement.

This Agreement is executed in two (2) counterparts.

IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this

the day of , 20 .

CITY OF NORTH RICHLAND HILLS Teague Nall & Perkins, Inc.

(CITY) (ENGINEER) By: By: Mark Hindman, City Manager William L. Wimberley, ROW Manager Date: Date: ATTEST: ATTEST: City Secretary Notary Public in and for the State of Texas

Type or Print Notary’s Name

My Commission Expires:

CITY SEAL CORPORATE SEAL

EXHIBIT A

PROJECT SCHEDULE FOR

Rufe Snow ROW Project (Mid-Cities Boulevard to Ridgetop Road)

PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Surveys and Legal Descriptions September 1, 2010

Project Release for Acquisition October 1, 2010 Title commitments Sept – Nov 2010 Appraisal/Appraisal Reviews Oct – Mar 2011 Approved Values Nov – Apr 2011

Negotiations Nov 2010 – Nov 2011

Closings Feb – Nov 2011

Condemnation work Dec 2010 – Dec 2011 Possession of all Parcels January 2012

EXHIBIT B

BASIC ROW SERVICES

FOR Rufe Snow Drive

(Mid-Cities Boulevard to Ridgetop Road)

The scope of work for BASIC Right of Way Acquisition Services SERVICE REQUIREMENTS OF THE ENGINEER: Services shall include, but are not

limited to the following activities: A Project Administration

a Communication (1) Provide monthly summaries of project expenses including amounts

authorized, amounts paid and budget forecasting or with an increased frequency as required by the City Office.

(2) Maintain current status reports of all parcel and project activities and provide weekly status reports to City Project Manager’s Office in a form approved by that office.

(3) Provide schedule of all areas of work indicating anticipated start and end dates.

(4) Participate in monthly project review meetings at dates and times determined by the City Project Manager.

(5) Prepare and mail to each property owner the Engineer introduction letters and the Initial project notice letter. This may be accomplished in one letter.

b File Management

(1) Primary project and parcel files will be kept in Teague Nall and Perkins Office at 1100 Macon Street, Fort Worth, Texas.

(2) Prepare invoices utilizing City standard payment submissions forms with supporting documentation.

(3) Maintain records of all payments including, but not limited to, warrant number, amount, date paid, etc.

(4) Maintain copies of all correspondence and contacts with property owners. B Title and Closing Services (combined)

a Request preliminary title commitment or preliminary title search, and 5-year sales data from Title Company that will be providing title insurance.

b Request title commitment updates in accordance with insurance rules and requirements for parcel payment submissions. The charges from the Title Company for the update of the title commitment will be paid by the City.

c Secure title insurance for all parcels acquired, insuring acceptable title to the

City. The charges from the Title Company for the title insurance will be paid by the City.

d The curative services necessary to provide clear title to the City is the

responsibility of the Engineer; this typically involves lien releases, heirship affidavits or any other encumbrance on title identified by the Title Company.

e The Engineer has the responsibility of direct contact with the Title Company

to obtain an updated title commitment along with other forms and certified copy of the instrument of conveyance necessary when requesting the Parcel Payment from the City.

f Any fee related to obtaining certified court documents and fees for recording

same which are not collected at the closing of the parcel shall be direct pass through fees at the exact cost supported by the county court house receipts.

g Engineer shall instruct Title Company to submit all original conveyance

instruments to the County Clerk’s Office immediately after closing for recordation, except for donations which must be forwarded to the City for acceptance by the Council prior to recording. The cost of the recording fees and filing fees are paid by the City and should not be included in the Engineer’s negotiated fee schedule. County Clerk’s Office will be instructed to mail original documents to: City of North Richland Hills

Public Works Department P.O. Box 820609 North Richland Hills, TX 76182-0609 Attention: Caroline Waggoner

C Appraisal

a Appraisers must be selected from TxDOT’s list of pre-certified real estate appraisers. The list is available for review at the ROW Division office located at 118 East Riverside Drive, Austin, Texas 78704 or contact John Reed at the ROW Division office at [email protected].

b Secure written permission from the owner to enter the property from which

real estate is to be acquired. If the Engineer/appraiser, after diligent effort, is unable to secure the necessary letter of permission from the property owner, a waiver must be obtained in writing from the City. Maintain permission letters with appraisal reports.

c Prepare and conduct personal pre-appraisal contact with interest owner(s) for each parcel using acceptable TxDOT forms.

d Contact property owners or their designated representative to offer

opportunity to accompany the appraiser on the appraiser’s inspection of subject property. Maintain record of contact in file.

e Prepare complete appraisal report for each parcel to be acquired utilizing

TxDOT Forms No. ROW-A-5, ROW-A-6, ROW-A-7, ROW-A-8 as applicable. These reports shall conform to TxDOT policies and procedures along with the Uniform Standards of Professional Appraisal Practices as promulgated by the Appraisal Foundation.

f As necessary, prepare written notification to the City of any environmental

concerns associated with the right of way to be acquired, which could require environmental re-mediation.

g All completed appraisals will be formally reviewed by a qualified reviewing

appraiser. When completed the Engineer will perform an administrative review and will forward the report to the City with a recommendation for approval by the City.

h As necessary, the appraiser will coordinate with the review appraiser

regarding revisions, comments, or additional information that may be required.

i As necessary, the appraiser will prepare and give testimony as an Expert

Witness in eminent domain proceedings through the Special Commissioners Hearing. This work is considered “Additional Engineering Services” and is not included in the appraisal fee. Compensation for this work will be as described in the Section “Additional Engineering Services”.

j As necessary, the appraiser will be available for pre-trial meetings as directed

by the City or the City Attorney’s Office. The cost of the appraiser’s preparation and expert witness testimony for trial is not part of the contract and the appraiser is eligible for a work assignment and additional fees not associated with this contract.

k Appraisal fees shall be direct pass through cost with no prime consultant add-

ons.

D Appraisal Review

a Review Appraiser must be selected from the TxDOT’s list of pre-certified real estate appraisers. The list is available for review at the ROW Division office

located at 118 East Riverside Drive, Austin, Texas 78704 or contact John Reed at the ROW Division office at [email protected].

b Review all appraisal reports for each parcel to determine consistency of

values, supporting documentation related to the conclusion reached, compliance with Department policies and procedures and the Uniform Standards of Professional Appraisal Practices.

c Coordinate any required corrections with the primary appraiser. d Prepare and submit to the Engineer’s Office the Form ROW-A-10 “Tabulation

of Values”, for each appraisal. e Appraisal review fees shall be direct pass through costs with no prime

consultant add-ons. E Negotiation Services

a Prepare and send initial project notice and Engineer introductory letter

b Analyze preliminary title report to determine potential title problems, propose and inform City Office of methods to cure title deficiencies.

c Analyze appraisal and appraisal review reports and confirm the City’s

approved value prior to making offer for each parcel.

d Prepare and send the letter transmit Landowners’ Bill of Rights by Certified Mail.

e Prepare the initial offer letter, memorandum of agreement, instruments of

conveyance, and any other documents required or requested by the City on applicable forms.

f Contact each property owner or owner’s designated representative, to

present the written offer in person (when practical) and deliver appraisal report and required brochures. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. If circumstances do not allow the Engineer to contact each property owner or owner’s designated representative to present the documents in person, the City Office must be contacted for instructions.

g Provide a copy of the appraisal report for the subject property exclusively to

the property owner or authorized representative at the time of the offer. Maintain original signed receipt of appraisal for billing purposes.

h Respond to property owner inquiries verbally and in writing within two (2) business days.

i Prepare a separate negotiator contact report for each parcel, per contact, on

TxDOT form ROW-N-94.

j All original project and parcel file documents must be kept in the Engineer’s Office. Copies or working file documents may be kept by the Engineer. Maintain parcel files with original documentation related to the purchase of the real property or property interests.

k Advise property owner of the Administrative Settlement process. Transmit to

the City any written counter offer from property owners including supporting documentation, and Provider recommendation with regard to Administrative Settlements in accordance with Department policy and procedures.

l Prepare and deliver final offer letter, documents of conveyance as necessary.

m Appear and provide Expert Witness testimony as a Provider when requested.

n Issue Property Owner’s Survey form to the property owner.

EXHIBIT C

ADDITIONAL ENGINEERING SERVICES

FOR Rufe Snow Drive ROW Acquisition Project (Mid-Cities Boulevard to Ridgetop Road)

The scope of work for Additional Engineering Services involves Appraisal updates, Review of Appraisal Updates, Appraiser Preparation and Testimony at Commissioner’s Hearing, Condemnation Support, Surveys, and Surveys (Easements/Right-of-Way and Design). The scope of work for the Additional Engineering Services is more generally described as follows:

A Appraisal Updates

a Prepare complete appraisal update for the parcel to be acquired utilizing Department Form ROW-A-5, which will be furnished to the Appraiser by the Engineer. These reports shall conform to TxDOT policies and procedures along with the Uniform Standards of Professional Appraisal Practices.

b As necessary, prepare written notification to the City of any environmental

concerns associated with the right of way to be acquired, which could require environmental re-mediation.

c All completed appraisals will be administratively reviewed by the Engineer’s

Office and recommended for approval by the City Council..

d As necessary, the appraiser will coordinate with the review appraiser regarding revisions, comments or additional information that may be required.

e As necessary, the appraiser will prepare and give testimony as an Expert

Witness in eminent domain proceedings through the Special Commissioners Hearing. As part of the preparation, the appraiser will be available for pre-hearing meetings as directed by the City or the City Attorney’s Office. The cost of the appraiser’s preparation, appearance and testimony as an expert at the hearings will be determined and approved by the City on a per parcel basis.

f As necessary, the appraiser will be available for pre-trial meetings as directed

by the City or the City Attorney’s Office. The cost of the appraiser’s preparation and expert witness testimony for trial is not part of the contract and the appraiser is eligible for a work assignment and additional fees not associated with the contract.

B Review of Updated Appraisal

a Review Appraiser must be selected from the TxDOT’s list of pre-certified appraisers. The list is available for review at the ROW Division office located at 118 East Riverside Drive, Austin, Texas 78704 or contact John Reed at the ROW Division office at [email protected].

b Review updated appraisal reports for each parcel to determine consistency of

values, supporting documentation related to the conclusion reached, compliance with Department policies and procedures and the Uniform Standards of Professional Appraisal Practices.

c Coordinate any required changes to the report with the primary appraiser. d Prepare the Form ROW-A-10 “Tabulation of Values”, for each appraisal.

C Condemnation Support

a Prepare, if applicable, Bisection, Drainage Easement and/or Temporary

Construction Easement clauses for the original set of Legal Descriptions supplied by the City .

b Prepare a packet containing 2 copies each of the following documents:

Commitment, Negotiator’s Reports, Appraisal Acknowledgment, Pre-appraisal Contact Sheet, signed and sealed property description, and plat, Documentation of receipt of the Land Owner Bill of Rights, Final Offer Letter, any correspondence from the land owner or representatives, six (6) original copies of the appraisal report, and any real property records which are relevant to any unusual joinder or service issue.

c Submit packet to the City Attorney’s Office.

D Relocation Services for Residential, Business, Personal Property, Mini

Storage Units and Outdoor Advertising Sign

a Notify all property owners and potential displacees of eligibility for relocation assistance and provide them with a Relocation Assistance Brochure at time of initial contact. The Department will provide brochures to the Provider. If possible, advise displacee of preliminary relocation benefits at this time.

b Contract and provide relocation assistance to property owners and tenants

affected by acquisition of right of way and complete TxDOT form ROW-R-96, for all displacees.

c Locate, evaluate, and maintain files on comparable available housing to

complete Form ROW-R-106.

d Calculate replacement housing supplement benefits for Form ROW-R-107. e Compute and submit the request for relocation housing/rental supplement to

the City Public Works Office on appropriate TxDOT forms ROW-R-107 (original and 2 copies) with supporting forms ROW-R-106 (original only) with photos attached.

f Provide 90-day notice to vacate simultaneous with the delivery of relocation

benefits package. g Provide 30-day notice once property has been acquired. Note: the Displacee

must be given a total of 90-days notice. h Notify the City Public Works Office immediately if displacee does not move

after 30-day notice expires. i Perform a decent, safe, and sanitary inspection of the replacement housing in

accordance with TxDOT policy. Prepare and complete TxDOT form ROW-R-116 and submit to the City Public Works Office.

j If a moving plan exceeds $20,000 prepare moving plan with appropriate

photos and sketches along with inventory of personal property to be moved for non-residential moves.

k If moving plan is less than $20,000, the Provider must submit an abbreviated

moving plan for the business owner or tenant that includes inventory, type of move requested and project move date.

l Request moving estimates from moving companies as needed. m Coordinate moves with displaced homeowners, business owners, and tenants

and with moving companies in accordance with TxDOT procedures. n Maintain relocation contact logs on TxDOT form ROW-R-96. o Attend closings on replacement property if requested by any party involved,

and assure supplemental payment is properly distributed. p Process and compute increased interest payments as required. q Relocation agent shall be available for any appeals or hearings. r Prepare all relocation payment claim submissions for all displacees on parcel. s Deliver warrants in accordance with TxDOT guidelines.

t Issue Relocation Survey to displacees. u Provide Form ROW-R-CE and Certification of Eligibility for all displacees.

E Environmental Services

a Preparation of environmental remedial plans for unknown situations that

may be encountered during the ROW acquisition phase of the project.

(1) Work authorization will be negotiated on an as-needed basis per incident.

EXHIBIT D

SERVICES TO BE PROVIDED BY THE CITY FOR

Rufe Snow Drive ROW Acquisition Project (Mid-Cities Boulevard to Ridgetop Road)

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 Parcel survey descriptions III. Provide updated survey or parcel descriptions in case of changes IV. Provide Title Insurance for all fee and permanent easement parcels V. Provide approved values for each parcel based on appraisal reports provided by the

ENGINEER. VI. Receive and consider all counter offers by property owners; Notify Engineer of

acceptability of counters VII. Request Council approval of parcel closing costs on agreed to amounts VIII. Provide legal counsel to facilitate any necessary condemnation action

EXHIBIT E

COMPENSATION FOR

Right of Way Acquisition Services Rufe Snow Drive From: Mid-Cities Boulevard To: Ridgetop Road

COMPENSATION A Payment Milestones

a Fee for Title and Closing Service

(1) Payment made on per parcel basis (2) 10% payment milestone paid upon securing initial title commitment or

securing update title commitment. (3) 50% payment milestone paid upon submission of acceptable payment

package or issuances of final offer letter. (4) 40% payment milestone paid upon issuance of title policy or alternative

method acceptable by the Department/City (i.e.; Attorney’s Certificate).

b Fee for Initial and/or Update Appraisal Services (1) Payment made on per parcel basis (2) 100% payment milestone paid upon delivery of complete and acceptable

appraisal report.

c Fee for Review of Initial and/or Update Appraisal (1) Payment made on per parcel basis (2) 100% payment milestone paid upon submission of Department ROW-A-10.

d Fee for Negotiation Service

(1) Payment made on per parcel basis (2) 5% payment with transmittal of initial notice and introductory letter (3) 25% payment milestone paid upon presentation of initial offer. (4) 45% payment milestone paid upon presentation of final offer with City

concurrence or acceptable payment submission with clear title or confirmation that title will be clear by receipt of warrant.

(5) 25% payment milestone paid upon the completed closing of the parcel. B 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 Acquisition by Negotiation phase of the work and for Additional Engineering Services that are in addition to the Basic Acquisition by Negotiation Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER’s home office as identified in the work authorization.

C Compensation for the Basic Engineering Services (Acquisition by Negotiation) shall

be at the per parcel amount cited in the fee schedule for a total not-to-exceed amount of $381,300.00.

D Compensation for Additional Engineering Services not covered by Basic Acquisition

by Negotiation Services provided herein shall be as follows:

a Update Appraisal for Condemnation (1) Rate will not exceed initial appraisal value if the form remains the same (2) If report was initially on the short form and is being updated on the long form

the rate will be negotiated. (3) Testimony and preparation time will be billing at an hourly rate of $250/hour.

b Review of Updated appraisal for Condemnation

(1) Rate and compensation method will be the same as the initial appraisal review

c Condemnation Support

(1) Fee for Condemnation Support Services (a) Payment made on per parcel basis

(i) 100% payment milestone paid upon; ♦ Receipt of the submission of a Condemnation package

acceptable to the City Attorney’s Office.

d Relocation Assistance (1) Fee for Business Relocation Assistance

(a) Payment made per Displacee basis (b) 40% Payment milestone paid upon;

(i) Providing the Relocation Benefits Package (ii) Providing the 90-day notice letter

(c) 40% Payment milestone paid upon; (i) Documentation of actual move from the premise

(d) 20% Payment milestone paid upon; (i) Provide documentation that all relocation is complete

e Environmental Assessment and Remediation Reports (1) Fee negotiated on a per incident per parcel basis when needed.

f Payments to the ENGINEER for authorized Additional Engineering Services will

be due monthly, upon presentation of monthly statement by the ENGINEER for such services. Costs for additional services shall not exceed $242,200.00 unless specifically authorized in writing by the City.

II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVI: “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. 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). Ill. 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 Right of Way Acquisition Services” and Exhibit C: “Additional ROW/Environmental Services”.

B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Right of Way Services” the City will issue final payment of any balance will be due upon receipt of the final invoice.

FEE SCHEDULE

City of North Richland Hills

Rufe Snow Drive From: Mid-Cities Blvd. To: Ridgetop Road

Right of Way Acquisition Project

Parcel Owner Property Rights Needed Negotiation

Fee Appraisal Fees(est)

Appraisal Review

Fees(est) Closing Service Total FEE Easement T.E. 1 CLK Property Investments LLC Yes $4,500.00 $5,000.00 $400.00 $800.00 $10,700.00 2 Woodcrest Marketplace Limited Partnership Yes $4,500.00 $7,000.00 $400.00 $800.00 $12,700.00 3 Woodcrest Marketplace Limited Partnership Yes $1,600.00 $5,000.00 $400.00 $400.00 $7,400.00 4 Halle Von Voightlander Yes $4,500.00 $5,000.00 $400.00 $800.00 $10,700.00 5 Albert Ray Rich, Jr. $0.00 6 Texas Bank Trustee $0.00 7 John Keating $0.00 8 Yang-Hui Meyers $0.00 9 Faith E. Baker Yes $4,000.00 $4,000.00 $400.00 $800.00 $9,200.00

10 Texas Electric Service Company Yes $4,000.00 $3,000.00 $400.00 $800.00 $8,200.00 11 W.B. Properties, Inc. Yes $4,500.00 $6,000.00 $400.00 $800.00 $11,700.00 12 Texas Reverse Exchange Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 13 James M. Pippin and C.B. Pippin, Jr. Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 14 Rufe Snow Depot, LP Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 15 Tarrant Development Company Yes $4,500.00 $5,000.00 $400.00 $800.00 $10,700.00 16 Hi-Lo Auto Supply, LP Yes $4,500.00 $5,000.00 $400.00 $800.00 $10,700.00 17 Argus Realty Corporation $0.00

18 AMER Incorporated DBA Accurate

Investments Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 19 Hussion Family Trust $0.00 20 Blackwood Investments, LTD $0.00 21 Richard Radelich $0.00 22 Harvey Jean Vance $0.00 23 PAR 18 Joint Venture $0.00 24 Richland Commons Limited Partnership $0.00 25 Pizza Hut of North America, Inc. Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 26 Greatstone Equities, Inc. Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00

27 Southland Corporation Yes $4,500.00 $6,000.00 $400.00 $800.00 $11,700.00

28 Goodwill Industries of Fort Worth, Inc. Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 29 Blue Sundance, Inc. $0.00 30 William Kent $0.00 31 Leiserv, Inc $0.00 32 Leiserv, Inc $0.00 33 Winward Partner VII, LP Yes $4,000.00 $5,000.00 $400.00 $800.00 $10,200.00 34 Winward Partner VII, LP Yes $1,600.00 $3,500.00 $400.00 $400.00 $5,900.00 35 America's Favorite Chicken Yes $4,500.00 $5,000.00 $400.00 $800.00 $10,700.00 36 Burger Street, Inc Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 37 The Vinnedge Building, LP Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 38 J.C. Pace, Ltd. Yes $4,000.00 $3,000.00 $400.00 $800.00 $8,200.00 39 Robert J. Montoya, DDS Yes $4,000.00 $3,000.00 $400.00 $800.00 $8,200.00 40 Kenneth D. Traweek $0.00

41 Thomas Wesley Hauser & Cynthia Lynn

Hauser Yes $4,000.00 $3,000.00 $400.00 $800.00 $8,200.00 42 Luis Ruiz and Maria Hernandez Yes $4,000.00 $3,000.00 $400.00 $800.00 $8,200.00 43 Kristen Mary Jones Yes $4,000.00 $3,000.00 $400.00 $800.00 $8,200.00 44 Lindsey D. Moon, Trustee $0.00 45 Maximo Medrano & wife Adeli Ganzalez $0.00 46 Wanda L. Biebighauser $0.00 47 J.M. Whitfill $0.00 48 Beautiful Properties, Inc. $0.00 49 Hinh Thanh Bui $0.00 50 Robert L Gaston & Norma Jean Gaston $0.00 51 First Financial Bank $0.00 52 First Financial Bank $0.00 53 Double Acres, LLC Yes $4,500.00 $6,000.00 $400.00 $800.00 $11,700.00 54 Gia T. Tran Yes $4,000.00 $5,000.00 $400.00 $800.00 $10,200.00 55 Global Union, Inc. Yes $4,500.00 $6,000.00 $400.00 $800.00 $11,700.00 56 Autozone, Inc $0.00 57 Lyons Investments Yes $4,000.00 $3,000.00 $400.00 $800.00 $8,200.00 58 Lyons Investments Yes $1,600.00 $3,000.00 $400.00 $400.00 $5,400.00 59 Frisco Health Investments, LP Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 60 Fairway Realty, LP Yes $4,000.00 $3,000.00 $400.00 $800.00 $8,200.00

61 Robert J. Folsom, Roger W. Schmitz, & Sally

And Schmitz Yes $4,000.00 $5,000.00 $400.00 $800.00 $10,200.00 62 M & P Rufe Snow, LP Yes $4,500.00 $5,000.00 $400.00 $800.00 $10,700.00 63 Kaiser Fuel Service, Inc Yes $4,500.00 $6,000.00 $400.00 $800.00 $11,700.00 64 North Richland Hills Plaza, LP Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 65 North Richland Hills Plaza, LP Yes $1,600.00 $3,000.00 $400.00 $400.00 $5,400.00 66 WCJ Rufe Snow 94, LTD Yes $4,500.00 $3,000.00 $400.00 $800.00 $8,700.00 67 Antonio S. Marroquin, Sr. $162,400.00 $160,500.00 $16,000.00 $30,400.00 Stand alone TE Evaluations (40) $12,000.00 $12,000.00 Subtotal $381,300.00 Additional Engineering Services $242,200.00 Total $623,500.00 Additional Engineering Services

Temporary Easements (Stand

Alone) 40 parcels @ $1500/ea. $60,000.00 Unidentified Fee Parcels 2 @ $8700/ea. $17,400.00 Update Appraisal & Testify 20 Parcels@$6000/ea $120,000.00 Review Updated Appraisal 20 Parcels@400/ea $8,000.00 Condemnation Support 20 parcels @ $800/ea $16,000.00 Relocation Assistance 4 @ $5200/ea $20,800.00 SUM $242,200.00

NOTE: Appraisal services shall be a pass through cost to the City; the Engineer has worked with the appraiser to obtain good cost numbers for the identified parcels. The number of parcels needing updating for Condemnation is an estimated number and the appraisal costs for these updates are estimated based on historical data. For the two unidentified parcels, Engineer assumed tracts will be unimproved. Engineer will prepare a "value finding" for each of the 40 stand alone Temporary easements.

EXHIBIT F CONFLICT OF INTEREST QUESTIONNAIRE

FOR Rufe Snow Drive ROW Acquisition

(Mid-Cities Boulevard to Ridgetop Road)

[Conflict of Interest Questionnaire is on the following 2 pages.]

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQFor vendor or other person doing business with local governmental entity

OFFICE USE ONLY

This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

1

Name of person doing business with local governmental entity. Teague Nall and Perkins, Inc.

Date Received

2

Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3

Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. None exist.

4

Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. None exist.

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5

Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income

from the filer of the questionnaire?

□ YES □ NO

B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of

the local government officer named in this section AND the taxable income is not from the local government entity?

□ YES □ NO

C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local

government officer serves as an officer or director, or holds an ownership of 10 percent or more?

□ YES □ NO

D. Describe each affiliation or business relationship.

6

Describe any other affiliation or business relationship that might cause a conflict of interest. No business relationships exist that would cause a conflict of interest.

7

August 2, 2010

Signature of person doing business with the governmental entity

Date

Department: Support Services Council Meeting Date: 10-25-2010 Presented by: Thomas Powell Agenda No. B.3 Subject: PU 2010-024 Authorize the Purchase of Turf Equipment for the Iron Horse Golf Course in the Amount of $161,149.60 Summary: In the 2010-11 adopted budget, $164,500 was allocated for replacing turf equipment for the Iron Horse Golf Course. This item is for authorizing the purchase of turf equipment in the amount of $161,149.60. General Description: In the 2010-11 adopted budget, Council approved funding in the amount of $164,500 to replace two 2005 year-model fairway mowers with one extra set of reels, one 2003 year-model trim mower with one extra set of reels, and one 2003 year-model greens aerator. Most mowing equipment is on a 5 to 6 year replacement cycle. The City of North Richland Hills is a member of several inter-local groups and utilized existing contracts with John Deere Dealerships through Texas Multiple Award Schedule and the Local Government Purchasing Cooperative (BuyBoard) to request quotes on the equipment needed. The purchase will be made through the local dealership of Austin Turf & Tractor. The John Deere contract requires the purchase order for the John Deere equipment to be made out to John Deere and the local dealership of Austin Turf. A separate purchase order for the Wiedenmann aerator will be made out to Austin Turf. The following items will be procured for the Iron Horse Golf Course: 2 ea John Deere 7700 Fairway Mowers $ 81,028.00 1 ea John Deere 2653B Trim Mower $ 26,258.56 1 ea Set of 7700 Fairway Reels $ 12,716.76 1 ea Set of 2653B Trim Reels $ 7,592.20 $127,595.52 1 ea Wiedenmann GXi HD8 Aerator $ 33,554.08 $161,149.60 The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Recommendation: Authorize the Purchase of John Deere Mowing Equipment from John Deere/Austin Turf in the amount of $127,595.52 and the Wiedenmann Aerator from Austin Turf in the amount of $33,554.08.


Department: Parks and Recreation Council Meeting Date: 10-25-2010 Presented by: Bill Thornton Agenda No. B.4 Subject: GN 2010-090 Approve the Execution of a Professional Services Agreement with CMJ Engineering, Inc. in the amount of $77,981 for Construction Materials Testing Services for the New Recreation Center Summary: This item is to approve the execution a professional services agreement with CMJ engineering for independent materials testing associated with the construction of the new Recreation Center. General Description: A request for qualifications for soil borings, engineering recommendations and construction materials testing services was issued for purpose of establishing a small team of the most highly qualified firms to provide these services to the City of North Richland Hills on a rotational basis for up to three years. A selection committee comprised of various City staff members established criteria in which to evaluate the respondents’ qualifications in order to select the most highly qualified firms. Telephone interviews were set up with several firms to aid City staff in the evaluation of each firm’s qualifications. The firms selected for rotational use for the three year period were PSI, Inc., CMJ Engineering, Inc., Alpha Testing Services, Fugro Consultants, Terracon and Landtec Engineers. CMJ Engineering was selected for the soil borings and engineering recommendations for the new Recreation Center foundation as their firm was next in the rotation. Our architect, Brinkley Sargent Architects, and staff recommend that CMJ be used to perform the construction materials testing services for the new Recreation Center. It is common industry practice for the company providing geotechnical investigative services to also provide materials testing services. It is advantageous to the City for materials testing services (particularly those having to do with foundations) to be performed by the professionals responsible for the design criteria upon which the project is based. It maintains a single source of responsibility for the design parameters and assuring the design intent is realized. The scope of work for construction materials testing is to include earthwork testing, drilled piers and reinforcement inspections, testing of cast in place concrete, visual observation of masonry construction and structural steel observation. CMJ Engineering is a firm with a proven record of excellent performance with the City of North Richland Hills. They have performed construction materials testing and soil boring investigations for numerous projects at NRH2O. Recommendation: Approve the execution of a professional services agreement with CMJ Engineering, Inc. in the amount of $77,981 for construction materials testing services for the new recreation center.


Department: Parks and Recreation Council Meeting Date: 10-25-2010 Presented by: Bill Thornton Agenda No. B.5 Subject: GN 2010-091 Approve Execution of a Discretionary Service Agreement with Oncor Electric Delivery Company for the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174,078.57 Summary: This item provides for approval of an agreement with Oncor Electric Delivery Company for the burial of overhead utilities which is a necessary prerequisite to beginning construction of the new Recreation Center. General Description: Overhead utility lines providing electric and cable services within the abandoned Cardinal right-of way bisect the new outdoor special events plaza between the Library and new Recreation Center. In response, a proposal was solicited from Oncor to bury the overhead utilities from the southeast corner of the Recreation Center property westward to Hawk Avenue, and then northward to a point that is aligned with the northwest corner of the new Recreation Center. Oncor’s proposal, in the amount of $174,078.57, is turn key with the exclusion of a contractor provided ditch and conduit consistent with Oncor’s specifications. Charter has agreed to bury their utilities within Oncor’s ditch. The easement accommodating burial of the overhead utilities is being dedicated by final plat. Oncor will be working with our Construction Manager for the Recreation Center, Byrne Construction, to coordinated work activities. Funding for the burial of the overhead utilities is provided through the approved Recreation Center project budget. Recommendation: Approve execution of a Discretionary Service Agreement with Oncor Electric Delivery Company for the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174,078.57.


Department: Police Council Meeting Date: 10-25-2010 Presented by: Rick Scott Agenda No. B.6 Subject: GN 2010-093 Texas Governor's Office Criminal Justice Programs Competitive Grant - Resolution No. 2010-030 Summary: The Criminal Justice Division of the Texas Governor’s Office has notified the Police Department that grant funds in the amount of $80,000 have been awarded to the City of North Richland Hills under the 2010 CJD Criminal Justice Programs Competitive Grant #DJ-09-A10-23379-01. The grant funds have been authorized for the Department’s purchase of a Mobile Elevated Observation Platform. General Description: The Mobile Elevated Observation Platform will be used as a primary resource for the Department’s Directed Enforcement Program to detect and deter criminal activity in the City’s commercial and residential areas, as well as provide an observational vantage point during large city events. Additionally, upon request this regional asset will be available to other cities located in the North Central Texas (COG) region for crime suppression activities.

Under the existing terms for acceptance of the $80,000 award, the City shall stipulate by resolution assurance that in the event of loss or misuse of the grant award, the funds will be returned to the Texas Governor’s Office in full. The attached resolution will authorize acceptance of and agreement to the terms of the grant. Recommendation: Approve Resolution No. 2010-030


RESOLUTION NO. 2010-030 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Governor’s Office Criminal Justice Programs Competitive Grant and make appointments for the conduct of business relative to Grant #DJ-09-A10-23379-01; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Grant; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor’s Office Criminal Justice Program funds, the City Council of North Richland Hills assures that the funds will be returned to the Texas Governor’s Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves submission of the grant application for the Texas Governor’s Office Criminal Justice Programs Competitive Grant #DJ-09-A10-23379-01. PASSED AND APPROVED this the 25th day of October, 2010. CITY OF NORTH RICHLAND HILLS

By:___________________________ Oscar Trevino, Mayor

ATTEST:

______________________________ Patricia Hutson, City Secretary

APPROVED AS TO FORM AND LEGALITY: ______________________________ George A. Staples, City Attorney

APPROVED AS TO CONTENT:

______________________________ Jimmy Perdue, Public Safety Director

Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS No items for this category.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS No items for this category.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS


Department: Finance Council Meeting Date: 10-25-2010 Presented by: Larry Koonce Agenda No. F.1 Subject: GN 2010-088 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2010-029 Summary: In the 2010/2011 Capital Projects Budget, City Council approved items that may be funded with certificates of obligation or general obligations bonds. The bond sale is currently scheduled for the spring of 2011. In the meantime, there is a need to get the bidding and awarding of some contracts underway. Some of the approved projects may require funding prior to the bond sale in the spring of 2011. General Description: In order to reimburse expenditures with the proceeds of future debt, Council is legally required to approve a resolution to this affect. Council approved a similar resolution in October 2009. The resolution presented for Council approval includes projects that may be reimbursed with proceeds from the 2011 bond sale (see attached project list). The budgeted projects include:

• 2003 bond election Streets and Drainage projects $1,865,000 • 2003 bond election Animal Adoption & Rescue Center $1,300,000 • TIF1 Expansion-Boulevard 26 intersection improvements and utility burial project

$2,500,000 • Senior Center Component of Recreation Center $2,500,000 • Aquatic Park Projects in the amount of $2,125,000 • Drainage Projects in the amount of $575,000 • Public Works Equipment totaling $285,000.

The total to be reimbursed with 2011 bond proceeds will not exceed $11,150,000. Staff anticipates that the actual amount expended before the bond sale will be much less than this. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. Approval of the resolution will allow the City of North Richland Hills to reimburse any of these expenditures with proceeds from the planned 2011 bond sale. Recommendation: To approve Resolution No. 2010-029.


RESOLUTION NO. 2010-029

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City of North Richland Hills, Texas (the “Issuer”) intends to issue debt for street and drainage and utility improvements, an Animal Adoption and Rescue Center Facility, The Senior Component of the Recreation Center facility, Aquatic Park improvements and Public Works equipment (collectively, the “Projects”) and further intends to make certain capital expenditures with the proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150-2 (the “Regulation”), to fund such reimbursements with the proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $11,150,000. PASSED AND APPROVED this the 25th day of October, 2010. CITY OF NORTH RICHLAND HILLS

By:___________________________ Oscar Trevino, Mayor

ATTEST:

______________________________ Patricia Hutson, City Secretary

APPROVED AS TO FORM AND LEGALITY: ______________________________ George A. Staples, City Attorney

APPROVED AS TO CONTENT:

______________________________ Larry Koonce, Finance Director

Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Patricia Hutson Agenda No. F.2 Subject: GN 2010-089 Appointments to Boards & Commissions - Place 4 Summary: Councilman Barth is requesting Council to approve his nominations to the Place 4 positions on several of the City’s Boards & Commissions. General Description: The terms of office for the individuals serving in the Place 4 positions on the following Boards and Commissions listed below have expired. Chapter 2, Article III, Section 2-121c of the Code of Ordinances states that the City Council will act upon Council member nominations for these boards. Councilman Barth is submitting the following nominations for Council’s consideration.

• Keep North Richland Hills Beautiful Commission Doris Tipps • Board of Adjustment Fonda Kunkel • Library Board Kay Schmidt • Park and Recreation Board Marlin Miller • Planning & Zoning Commission/

Capital Improvement Advisory Committee Randy Shiflet • Substandard Building Board Philip E. Orr, Jr. • Teen Court Advisory Board Shelley Nicholson • Red Light Camera Advisory Committee Steve Koons

The terms of office for all of the above nominations will expire June 30, 2012. Recommendation: To take action on Councilman Barth’s nominations to the Place 4 positions on the above listed Boards & Commissions.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Patricia Hutson Agenda No. F.3 Subject: GN 2010-092 Appointment to Teen Court Advisory Board - Place 1 Summary: The Teen Court Advisory Board has a vacancy in the Place 1 position. Below is a nomination from Councilman Lewis to fill the vacancy. General Description: The Place 1 position on the Teen Court Advisory Board is currently vacant. The Code of Ordinances provides that the individual serving in the Place 1 position is to be a resident of North Richland Hills and a student at Richland High School, Birdville High School or Fort Worth Christian High School. Councilman Lewis is recommending the appointment of Melissa Cruz to the position. Ms. Cruz is a North Richland Hills resident and a junior at Birdville High School. She is also currently serving as a member of the City’s Youth Advisory Committee. Recommendation: To consider the appointment of Ms. Melissa Cruz to Place 1 on the Teen Court Advisory Board.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Councilman John Lewis Agenda No. H.1 Subject: Announcements - Councilman Lewis Announcements Early voting for the November 2nd election is currently underway and continues through Friday, October 29th. In North Richland Hills, early voting is being conducted at the Recreation Center located at 6720 NE Loop 820. For more information about the election, visit the Tarrant County Elections website at tarrantcounty.com/eVote. Questions about the election may be directed to the Tarrant County Elections Office at 817-831-8683. An open house for the North Tarrant Express construction project will be held from 2 p.m. to 8 p.m. on Wednesday, October 27th at the Hurst Conference Center, which is located at 1601 Campus Drive. There will be project maps and other information on display. Project staff will be also on hand to answer questions and take comments. The North Tarrant Express project will rebuild and widen 13.5-miles of Loop 820 and Airport Freeway. Construction will begin later this year. For additional information about this project, please stop by the open house on October 27th or visit the project website at www.northtarrantexpress.com. Join us for the 7th Annual Hoot n' Howl event on Saturday, October 30, at Green Valley Park, 7701 Smithfield Road. Hoot n' Howl will take place from 5 p.m. to 8 p.m. Activities include free games, bounce houses, hayrides, storytelling, a costume contest and more. This annual event is a safe alternative to trick or treating. For more details, call 817-427-6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Stephanie East, Neighborhood Services Department – A letter was received from the Foster Village Elementary PTA thanking Stephanie for speaking at their meeting. Stephanie was very professional and her presentation about proper food handling was helpful and informative, the letter said. The PTA looks forward to working with Stephanie at their fall carnival and throughout the rest of the year.


Department: City Secretary Council Meeting Date: 10-25-2010 Presented by: Agenda No. H.2 Subject: Adjournment


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