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HomeMy WebLinkAboutContract 43856 AtAk Srr.(.%ETARN ?Cqy .40 c THE STATE OF TEXAS THE COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR REGIONAL STORMWATER MANAGEMENT PROGRAM THIS INTERLOCAL Agreement ("Agreement") effective October 1, 2012 through September 30, 2017, is entered into between the City of Fort Worth, a municipal corporation duly incorporated under the Constitution and laws of the State of Texas acting by and through its respective City Council; the North Central Texas Council of Governments ("NCTCOG"), a political subdivision of the State of Texas acting by and through its Executive Board; and other governmental entities consenting hereto, WITNESSETH WHEREAS, pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "ACT"), cities, counties, special districts, and other legally constituted political subdivisions of the State of Texas are authorized to enter into interlocal contracts and agreements with each other regarding governmental functions and services as set forth in the Act; and, WHEREAS, NCTCOG has been coordinating a Regional Stormwater Management Program with local governments to gather data and information, perform analyses, and develop programs to address stormwater quality issues affecting the waters of North Central Texas; and, WHEREAS, the inclusion of other entities in a regional strategy to address stormwater quality issues will benefit not only the new participants, but also those that have been participating in the regional program in the past; and, WHEREAS, the parties to this Agreement understand that entering into this Agreement in no way obligates any party to participate in any joint project without the express approval of the party; NOW, THEREFORE, for and in consideration of the promises and the mutual covenants herein contained, and subject to the conditions herein set forth, the parties hereto covenant, agree and bind themselves as follows: orlCI�'� �iD city Sf . 1 1 -07-12 PO4%06 1 N Agreement will be entitled to appoint one senior staff as a voting representative to the Regional Stormwater Management Coordinating Council. Four major watershed areas have been delineated in the region that encompass the Metroplex local governments. Additional participants in the regional program can appoint up to three voting representatives from their respective watershed area to the Regional Stormwater Management Coordinating Council. NCTCOG will be a non-voting member on the Council. Regional Stormwater Management Coordinating Council 22 members+NCTCOG sta 10 Phase I Representatives 12 Additional Watershed Representatives Arlington, Dallas, Fort Worth, Garland Irving, Mesquite, Plano,TxDOT-Dallas District, 3 Representatives from each of TxDOT-Fort Worth District, North Texas Tollway 4 watershed areas Authority East Elm I Main West • The Regional Stormwater Management Coordinating Council may appoint whatever additional supporting subcommittees it deems necessary and desirable. • NCTCOG will be the administrative agent under the Agreement pursuant to the Intergovernmental Cooperation Act. NCTCOG will submit an annual coordinated work program and budget for Regional Stormwater Management Coordinating Council approval. The Coordinating Council will approve the basis for determining the annual share of contributions for NCTCOG administrative and technical services by each party with cost allocations to be determined through Coordinating Council consensus. A separate "Letter of Authorization" for each consecutive fiscal year from October 2012 through September 2017, will be obtained for administration and implementation support of stormwater-related activities included in this Agreement. The approved budget for the Regional Stormwater Management Program for fiscal year 2013 is $288,000. This budget is cost-shared among participants. Cost share allocations for fiscal year 2013 are attached to this Agreement as "Exhibit E." The budget will be approved and cost shares will be allocated each fiscal year. • Each work element beyond NCTCOG administrative and technical services will be cost-shared by one or more interested parties to this Agreement under whatever basis is appropriate to that work element. The cost for any additional NCTCOG support beyond the annual administrative and technical services will also be incorporated into the work program. ■ This Agreement in itself does not obligate participating parties to cost-share any work elements proposed as part of the annual work program. Annual funding commitments for participating parties will be secured separately from this Agreement as part of the annual process for developing a work program and budget. 9 This Agreement is recognized as a supplemental level of service, and is not intended to duplicate or diminish the products, assistance, representation, or services received by participating entities through NCTCOG membership. ► The Regional Stormwater Management Coordinating Council may seek funding and approve cooperative planning and/or implementation activities among the parties, with state and federal agencies, and with any other public or private entities to accomplish the purposes of this Agreement. ARTICLE 3. - PAYMENTS In accordance with the Interlocai Cooperation Act, the parties will make payments for goods or 3 duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 10. - WHOLE AGREEMENT This Agreement, as provided herein, constitutes the complete contract between the parties hereto regarding the subject matter herein described, and supersedes any and all prior oral and written agreements between the parties relating to the matters herein. ARTICLE 11. - RECORDS RETENTION Records shall be retained by NCTCOG for at least THREE (3) YEARS following the closure of the most recent audit report and until any outstanding litigation, audit, or claim has been resolved. ARTICLE 12. - MISCELLANEOUS It is expressly understood and agreed that in the execution of this Agreement neither the parties to this Agreement nor NCTCOG waive, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. Each individual signing this Agreement on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. Also, this Agreement states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by both parties. By entering into this Interlocal Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their respective seals to be hereunto affixed and attested, s of he date and year noted below. r u e Ike Eas an Executive Director Fernando Costa _ North central Texas Name (please print) Council of Governments Assistant pity Manager OFFICIAL RECORD Title CITY SECRETARY FT. WORTH, TX Agency U6 400 l6 �..� coca► a Date Date - Attch. Exhibit A— FY13 NCTCOG Work Program :.E yo x�l � 1 Funding and o st-Share AllociK*4fflWV%ft*b � L ,�,. .....,,o............ .�,w _ . ark 1 q t X55�5���■ `.t `' : :;f. s S&mtazy • Approved May 2012 Exhibit A Regional Strategy for Managing stormwater in North Central Texas FY2013 Work Program October 1, 2012 to September 30, 2013 This Annual Work Program is the guiding path of a cooperative and comprehensive regional approach to managing stormwater in North Central Texas. It has been developed under the direction of the Regional Stormwater Management Coordinating Council (RSWMCC) as part of a regional unified approach to addressing state and federal stormwater quality regulations, and to support regional stewardship of the urbanized surface waters of North Central Texas. The North Central Texas Council of Governments (NCTCOG) has worked with local governments and other stakeholders to implement a regional strategy to address stormwater quality issues affecting North Central Texas. A Regional Policy Position on Managing Urban Storm Wafer Quality was created in 1999 by the RSWMCC to provide guidance for the regional strategy, setting out the key elements for a cooperative and comprehensive regional approach to stormwater management. Member Involvement The RSWMCC, comprised of local government representatives, guides implementation of the regional strategy for stormwater management through development of the Annual Work Program, with direction from the Regional Policy Position and support from the NCTCGG Stormwater Team. The work program is implemented through three programmatic Task Forces, each addressing one of the key elements of the stormwater regulations — public education and involvement (PETF), illicit discharge detection and elimination (IDDETF), and municipal pollution prevention (P2TF). Multiple Year Projects and Programs Executing the goals of the Regional Policy Position and providing continuing support to the local programs of the participants is a multi-year effort. NCTCOG staff annually reviews -multi-year milestones, schedules, and regional opportunities for participants, and makes recommendations for on-going activities to be considered by the RSWMCC to help meet permit requirements and milestones in subsequent years. In addition, members of the three programmatic Task Forces propose new tasks for the upcoming work program. These ideas are narrowed down by a Work Program Committee and are presented, along with budget recommendations, for endorsement by the full RSWMCC. This annual work program document describes the new and on-going regional initiatives approved by the RSWMCC to be implemented during FY2013 (October 1, 2012 to September 30, 2013). The FY2013 work program deliverables are listed in Appendix A, and the budget is presented in Appendix B. Program Cost shares The annual work program is funded by individual cost shares provided by each of the regional participants. Completion of the full work program is contingent upon receiving the approved level of funding from participating local governments. Individual cost shares are developed from an allocation of the program elements to three categories of participants: Large MS4s (Large and Medium Municipal Separate Storm Sewer Systems as defined by the U.S. Environmental Protection Agency (EPA)}, Small MS4s, and Common, based on the category the element primarily supports. Cost shares for each participant are calculated according to population and to an equal share from the resource allocation assigned to the program elements under each of these three categories. While each work element may be structured primarily for one size category within the program, all elements are connected to some extent by the regional stormwater common goals Page 1 of 8 Approved May 2012 Coordinate and Facilitate a Variety of Meetings The RSWMCC provides oversight for the Regional Program and directs the activities of NCTCOG staff. Staff will arrange and administer a minimum of four meetings of the RSWMCC over the course of the fiscal year (1 per quarter). Staff will work with the chair to develop meeting agendas, and will compose and e-mail meeting notices and background information in support of these meetings. Key to the development and maintenance of a regional effort are open discussions among all the participants. NCTCOG will provide support for up to two work sessions as needed to discuss strategy and other permit-related issues. Additional events may be conducted based on joint recommendation by staff and the RSWMCC. Perform General Liaison Functions As the state continues the process of developing its role as stormwater regulator, it is important that NCTCOG staff keeps them informed of our regional activities. Staff will continue to work closely with TCEQ staff during the development and implementation of the second Small MS4 permit term. Upon direction from the RSWMCC, NCTCOG staff will serve as representatives for the Regional Program with federal and state officials in matters regarding the regional strategy and will coordinate activities among the participants to promote the Regional Program. Staff will track regulatory information and changes in the stormwater arena, providing regulatory updates and/or announcements as appropriate. Identify Regional Cooperative opportunities An element essential to the success of the regional strategy is identification of opportunities for regional cooperation. This is particularly important now that all regulated entities are implementing Stormwater Management Programs (SWMPs) and with the renewal of the Small MS4 general permit. Staff will continue to identify/refine potential regional cooperative initiatives for consideration as additional RDIs by the RSWMCC. It is anticipated that some initiatives will be supported by the continuing base funds, while others may require supplemental funding. Staff will seek cooperative bulk purchase opportunities and continue to coordinate bulk orders, delivery, and billing at least once per fiscal year for educational materials such as bookmarks and curb markers. Promote the Adopted Regional Stormwater Management Strategy Staff will be available to respond to requests for presentations to city councils and civic groups in order to assist city staff in their efforts to develop local stormwater management programs in concert with the regional effort. The adopted Regional Policy Position continues to be an essential tool in this regard. Staff will continue to participate in a limited number of local, state, and national conferences to showcase the Regional Program, to stay informed of national developments in water quality issues, and to access the municipal leadership for the region. Staff will prepare and present overviews of the Regional Program at selected local, state, and national conferences and other opportunities as they arise. Staff will also report to participants on information gained at the conferences attended and furnish copies of useful materials as appropriate. Provide Administrative Support NCTCOG will coordinate the Regional Program through the development of interlocal agreements, work programs, and cost share arrangements. NCTCOG staff will handle all necessary administrative support for these efforts including billing and phone call follow- UPS. Seek Grant Funding for Additional Programs or Projects External funding through grant opportunities may be sought for specific projects as they are identified. State and federal grant sources will be explored and any application will be Page 3 of 8 i Approved May 2012 newsletter. Local, state, and national news sources including journals, Internet `Listservs', news agencies, regulatory news releases, and association newsletters will be regularly reviewed by NCTCOC for relevant materials that can be provided to Regional Program participants. Informational materials on various topics such as stormwater management programs, practices and procedures, along with specific permit commitments or requirements to assist with informing elected officials, city management, and the general public will be made available to participants as needed. Program participants will receive email notices as relevant items become available. Public Education Educating the public about the impact of their everyday activities on stormwater quality is a key element of the stormwater program. Education and outreach programs are particularly suited to regional cooperation. combined outreach talent and resources can increase individual program effectiveness and maximize purchasing power. Opportunities abound to reach citizens, school children, and businesses throughout the Metroplex in a coordinated program. The public must be made aware of the potential hazards associated with their individual practices and steps they can take to reduce pollutants in stormwater runoff. Education on the proper use, disposal, and/or management of these pollutants (e.g., lawn and garden chemicals, pet waste, yard waste, detergent, trash, sediment, and oil and grease) as well as on general stormwater issues should be a major element of any stormwater public education program. In addition, non-permitted commercial, institutional, and industrial entities whose operations could have a significant impact on stormwater quality also need to be informed of their potential impacts along with practical ways to mitigate these impacts. Public Education Task Force Meetings The Public Education Task Force will continue to support a unified stormwater public education message for the region, while maintaining the uniqueness of individual municipal programs. "rhe Task Force has been very successful in providing coordinators an opportunity to discuss public education issues, learn from each other's on-going programs, and explore creative areas of mutual cooperation. In FY2013, the Task Force will explore and develop additional RDIS and/or seasonal campaigns for public education and public involvement. A minimum of seven meetings will be conducted, with updates provided to the RSWMCC. Continue Regional Texas SmartScape]as an RDI Staff will coordinate the 12th Annual March is Texas SmartScape Month activities in FY2013 as an RDI for public education. Staff will work with SmartScape participants to promote the program and assist them in planning, organizing, and promoting related outreach. Such efforts may consist of developing outreach or planning materials, coordinating a SmartScape class, and/or developing other initiatives identified by participants. Staff will continue to serve as the primary liaison for cities, the public, and the media on SmartScape information. Staff will maintain the technical and informational aspects of the SmartScape web site and will incorporate new information as it becomes available, including city specific information on demonstration gardens, educational events, and city promotions. As part of the SmartScape web zip code tracking and Google Analytics, staff will provide annual SmartScape web user statistic reports to each participating entity for inclusion in annual reports. Regional cooperative purchases of bookmarks and other SmartScape related promotional tools will continue to be made available. Page 5 of 8 Approved May 2012 IDDE Training NCTCOG staff will offer a basic IDDE training session that walks municipal staff through the approaches discussed in the IDDE Field Investigation Guide. This workshop will also review several case studies and will include a problem solving example that guides participants in finding the source(s) of the illicit discharges). Dry Weather Field Screening Training One training session using the Regional Dry Weather Field Screening Protocol and screening kit will be conducted. This workshop includes a hands-on chemical testing in both a classroom setting and outdoors. The curriculum also covers how to conduct an outfall inventory, use a Global Positioning System (GPS), and set up and manage an outfall database. To minimize costs, the workshop will be conducted by a local volunteer with experience in outfall mapping and field investigations. The training targets MS4 staff needing to conduct dry weather field screening of municipal stormwater outfalls. [The following workshop will be made available to regional program participants as an optional element of the FY2013 Work Program. Staff will solicit interest in this workshop during the third quarter of the fiscal year, and if resources are available, will be offered during the fourth quarter.] Municipal Industrial Inspectors Workshop This workshop will provide a venue for municipal industrial inspectors to discuss methods and tools for conducting inspections and promoting P2 concepts to local industries. The workshop will include a tour of a host industrial facility with stormwater management demonstrations, case studies, and pollution prevention examples presented by facility staff. This workshop is typically a three-quarter to a full-day event. Municipal Pollution Prevention Local governments must lead by example if they are to succeed in changing the practices and habits of businesses and residents. Toward this end, the goal of governments must be to prevent or reduce pollutant runoff from municipal operations including streets, highways, municipal parking lots, maintenance facilities, storage yards, and waste transfer stations. Comprehensive regional training programs developed in prior years have gone a long way in providing for the training component of the permit requirements. Previously developed training DVDs focusing on various municipal operation activities will be available for purchase and some aspects of the FY2012 education and sharing initiative will continue. Since training alone does not fully address all the requirements of the permit, continued attention is needed to develop a more comprehensive RDI(s) for this program area. In FY2013, NCTCOG staff will work with the P2 Task Force to identify additional RDI projects for future work programs. Self Audit Guidebook and Regional Standard operating Procedures For FY2013, the Task Force will develop a self audit guidebook. This guidebook will involve a checklist of different pollution prevention operations including fleet maintenance, solid waste operations, streets and drainage, parks and grounds, materials and spill cleanup, land disturbance, and construction site activities. Depending on what the Task Force decides, the guidebook may include descriptions, photos, or any other information about day--to-day procedures in pollution prevention. Along with the guidebook, regional standard operating procedures will also be developed. These will be determined by the renewed Small MS4 permit and what will be required of pollution prevention for municipal operations. Page 7 of 8 Exhibit B FY1 3 COST SHARE TABLES Regional Stormwater Management Program North Central Texas Council of Governments FI: Phase II City Cost Share Table 2: Phase I Participants'Cost Shares Esti mates Cost Shares opulation Cost Shares City or Entity X12 Pop Estimate) Dallas $ 30,765 Under 3,000 $ 500 Fort Worth 51000 $21360 $20,427 10,000 $2,520 Arlington $ 11,415 15,000 $2,680 20,000 $2,830 Plano $ 91025 251000 $2,990 garland 30,000 $3,150 $ 8,246 35,000 $3,310 Irving $ 8,035 40,000 $3,4fi0 45,000 $3,620 Mesquite $ 6,220 50,000 $3,780 TxDCT--Dallas District 55,000 $3,940 $ 3,003 60,000 $4,090 TxDOT-Fort Worth District $ 3,003 65,000 $4,250 70,000 $4,410 North Texas Tollway Authority $ 31003 75,000 $4,570 80,000 $4,720 85,000 $4,880 Table Z--Phase I Participants' Cost Shares 90,000 $5,040 The above non-municipal participants' cost share is 95000 $5,200 based on the Phase I cost share formula with a zero 100,000 $5,350 population factor. Phase I cost shares fund Phase l 105,000 $5,510 program elements and a portion of common 11 0,000 $5,670 elements. 115,000 $5,830 1201000 $5,980 1251000 $6,140 130,000 $5,300 135,000 $6,450 Table 3: County Cost Share Amounts 140'000 $6,610 l7erivedi Cost Shares 145,000 $6,770 County Population $ 150,000 $5,930 1551000 $7,080 Collin County 51932 $2,388 160=000 $7,240 Dallas County 41590 $2,347 165,000 $7,400 170,000 $7,560 Denton County 191510 $2,812 175,000 $7,710 Ellis County 21,668 $2,879 180'000 $7'870 Johnson Count 10,465 $2,530 Table 1 --Phase II City Cost Share Estimates Kaufman County 2,567 $2,283 City participants can use this table to estimate their Parker County 4,756 $2,352 cost share amounts from the ranges given. Each Rockwall County 2,578 $2,287 participant's cost share is derived from a formula that Tarrant Count 33,423 $3,245 is based on population and an equal share among participants. Phase 11 cost shares fund Phase 11 program elements and a portion of common program Table 3 County Cost Share Amounts elements. Cities outside the Dallas-Fort Worth- Arlington, Denton-Lewisville, and McKinney `The county population used in the formula to derive the Urbanized Areas pay 213 of the amount listed in this cost-share is based on the unincorporated population of table. the county found in the Census 2010 urbanized area. A 2012 growth factor has been applied to this population The FY13 cost share of Phase 11 non-municipal figure which is then used with the Phase 11 cost share agencies is$2,203 and is based on the Phase 11 cost formula. share formula with a zero population factor. � A LETTER OF AUTHORIZATION North Central Texas Regional Stormwater Management Program FY2013 Administrative and Implementation Assistance North Central Texas Council of Governments (NCTCOG) The NCTCOG and the City of Fort Worth (hereafter referred to as the "participant") have executed an Interlocal Agreement to provide a structure through which the participants can pursue initiatives that assist with the Regional Stormwater Management Program. The Interlocal Agreement established a structure by which a Regional Stormwater Management Coordinating Council may identify specific activities to be carried out by NCTCOG, and/or professional agencies, with cost allocations to be determined through Coordinating Council consensus. The participants to this agreement have reviewed the NCTCOG proposed work program for FY2013, which includes NCTCOG assistance to the participants for administrative and implementation support of stormwater related activities and the cost-share arrangement for funding of this effort. In accordance with Article 2, Paragraph 5, and Article 5 of the Interlocal Agreement, the purpose of this letter is to authorize the participants cost-share of$20,427 for the FY2013 work program. Execution of this Letter of Authorization is considered a formal part of the Interlocal Agreement, and obligates the participant's cost share as identified above. If the participant fails to execute this agreement prior to January 15, 2013, a 5% penalty will be added to the above cost-share amount for every complete quarter of delay after the first. Once executed, billing of the participant by NCTCOG for these services will be made no more frequently than quarterly. NCTCOG will invoice the participant for its costs incurred resulting from the FY2013 work program, and the participant shall remit the amount of the invoice to NCTCOG within thirty (30) calendar days of receipt of the invoice. In the event that the participant does not accept the goods or services or finds an error in the invoice, the participant shall notify the NCTCOG Manager who is responsible for executing this program as soon as possible within the 30 calendar day period, and shall make payment not less than ten (10) calendar days after the problem(s) are corrected or the error is resolved to the satisfaction of all parties. In the event that payment of invoiced goods or services is not received by the NCTCOG within 30 calendar days of receipt of the accepted invoice, NCTCOG is authorized to charge the participant interest in accordance with the Prompt Payment Act. Participants that do not pay will not receive the benefits outlined in the FY2013 work program. Work under this program will be carried out from October 1, 2012 through September 30, 2013. It may become necessary for work to continue beyond September 30, 2013 in order to complete the authorized FY2013 work program. However, costs for the work program will not exceed the participant's cost-share as agreed to in this Letter of Authorization. M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas FO RT���RTI� CITY []UNTIL AGENDA COUNCIL ACTION: Approved on 10/23/2012 DATE: 1 0/2312012 REFERENCE **C-25938 LOO NAME: 20REGSWMP 1 - NO.: FY 3 FY 17 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement and Authorization Letter with the North Central Texas Council of Governments for the Regional Storm Water Management Program and Authorize Payment of Costs in the Amount of$20,427.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an interlocal Agreement with the North Central Texas Council of Governments for the period of October 1, 2012 through September 30, 2017; and 2. Authorize the City Manager to execute an authorization letter with the North Central Texas Council of Governments which sets the City's annual cost share of NCTCOG's administrative and implementation assistance for the regional storm water management program at $20,427.00 during Fiscal Year 2012-2013. DISCUSSION: Stormwater regulations included in the Clean Water Act pose a significant impact for seven Metroplex cities (Fort Worth, Dallas, Arlington, Garland, Irving, Plano and Mesquite), the North Texas Tollway Authority and the Texas Department of Transportation District Offices in Fort Worth and Dallas. For the past several years, representatives from these entities have worked together through the NCTCOG's Regional Urban Storm Water Management Task Force in preparation for meeting storm water permit-requirements. Because all of the entities are required to implement many of the same programs, the potential for cost sharing and coordination of programs exists. The City first entered into an interlocal Agreement with the NCTCOG to cover administrative support for regional initiatives in November 1993.The City council approved the most recent interlocal Agreement for this program on November fi, 2007, (M&C C-22508) for the period of October 1, 2007, through September 30, 2012. This Mayor and Council Communication also set the City's annual cost share of NCTCOG's administrative and implementation assistance for the regional storm water management program at $18,454.00 for Fiscal Year 2007-2008. The new interlocal Agreement with NCTCOG will be for the period of October 1, 2012 through September 30, 2017.The annual authorization letter allocates the City's cost-share of$20,427.00 for the administrative costs to be incurred by the NCTCOG during Fiscal Year 2012-2013 in support of the Regional Urban Storm Water Management Task Force and its associated sub-committees. FISCAL INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, in the Environmental Protection Operating Fund. http://apps.cfwnet.org/council—Packet/mc_review.asp?ID=17565&councildate=1012312012 10/25/2012 Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers R103 539120 0204104 $20.427.00 Submitted for City-Manaaer's office bv: Fernando Costa (6122) Originating department Head: Doug Wersig (7801) Additional Information Contact: Michael Gange (5569) ATTACHMENTS http*.Happs.cfwnet.org/council—Packet/mc_review.asp?III=17555&councildate=1 012312012 1 0125/2012