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CC 1998-03-23 Agendas
~'" ..i . _. "'øf.r¥";QJ=: NORTHR'OHLAND HILLS PRE-COUNCIL AGENDA MARCH 23,1998 -5:50 P.M. ~ ~ --; For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambert;7301 Northeast Loop 820,J:, " , ..... " " ..,' " NUMBER ITEM ACTION r~KEN . ~... , 1. GN 98-29 :AØpk>Val'ofY outhAdvisory Committee By-Laws arid Sele6JÎpn Pr<>cess and Amendment of Ordinancé"No. 2226,:, Ordinance No. 2291 (Agef'ldÈ(ftem:N(i 17) (5 Minutes) .> '. , .~ -, -", 2; IR 98-48 R,ufe Snow Drive Status Report (10 Minutes) 3. ,GN 98-35 Amerrd 1998 Capital Projects Budget and Authorize,Debt Issuance Projects (Agenda Item No. 23)"(S'Mintltes) . ' , , , 4. GN 98-36 Approval of Economic Development Advisory " Committee,,- Ordinance No. 2290 (Agenda Ite~" No. 24) (5 Minutes) , " ::5~ PU 98-23 Award Bid for'Public Safety Computer System to Tiburon (Agenda Item No. 30) (10 Minutes) . . '.J-_~. ., " .. ,6> [)JSp,US$' Other Regular Agenda Items ('1-0:Min9tês) ~ ,. 7;·.1~·98-37 Set Date for Goal Setting Meeting (5 Minutes) '.' .' i&··1f.i·~9&~'Ó Stätus Report on the Arcadia Market Plan ~"¥>-'~; "'.j..' AnaJysis (5 Minutes) .-,'-' , , , , . '" . . . '. Page 2 NUMBER ITEM ACTION TAKEN 9. IR 98- 41 Status Report on Trinity Express Railway Funding (10 Minutes) 10. IR 98- 42 Request by City of Grapevine to Communicate Support for Fort Worth & Western RailroadfTarantula Train (5 minutes) 11. IR 98- 46 Environmental Protection Agency (EPA) Administrative Order (A.O.) for Wastewater System Rehabilitation (5 Minutes) 12. Other Informational Items (5 Minutes) 13. *Executive Session (10 Minutes) - The Council may enter into closed executive session to discuss the following: A. Pending Litigation under Gov. Code §551.071 1. NRH vs. Shires 2. Martin vs. NRH 3. NRH vs. Beck 114. I Adjournment - 7:20 p.m. I I *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 23, 1998 '. For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. . NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special Presentations Presentation of Proclamation - National Red Cross Month 5. Removal of Item(s) from the Consent Agenda .. e . . Page 2 NUMBER ITEM ACTION TAKEN 6. Consent Agenda Item(s) Indicated by Asterisk (7,8,16,18,19,20,21,22, 23, 24, 25, 29, 30, 31, 32, & 34) *7. Minutes of the Pre-Council Meeting February 23, 1998 *8. Minutes of the Regular Meeting February 23, 1998 9. PZ 97-47 Public Hearing to Consider Amending the Zoning Ordinance to Establish Regulations for HUD Code Manufactured Housing and Mobile Homes - Ordinance No. 2274 10. PZ 98-01 Public Hearing to Consider the Request of Bob Frank to Amend Planned Development No. 22 Regarding Front Entry Garages for Meadow Lakes Villas. (Located at the west end of Iron Horse Drive) - Ordinance No. 2272 11. PZ 98-02 Public Hearing to Consider the Request of Ken Erickson of Insite Reality to Rezone Lot 4, Block A, Richland Oaks Addition from R-1 Residential to C-2 Commercial. (Located at 4900 Oakridge Terrace)- Ordinance No. 2279 Page 3 . NUMBER ITEM ACTION TAKEN 12. PZ 98-05 Public Hearing to Consider the Request of Kent Davis to Rezone a Portion of Lot 3R 1-BR, Block 1, Martin Addition from AG Agricultural to R-2 Residential. (Located at 6817 Nob Hill Drive) - Ordinance No. 2276 13. PZ 98-09 Public Hearing to Consider the Request of Glen Good to Amend Planned Development No. 20 to expand an Assisted Living Facility on Tract A, Block 25, Holiday North Addition (Located at 7801 North Richland Blvd.) - Ordinance No. 2275 14. PS 97-59 Request of FWF Properties, Inc., for a Replat to be known as Lots 1 R 1 & 7, Block 1, Richland Oaks Addition. (Located in the 8393 Block of Grapevine Highway) 15. PS 97-62 Reconsideration of Replat Requirement for State Plane Coordinates (G.P.S.) On Lot 3R-1- BR, Block 1, Martin Addition *16. GN 98-28 Public Fund Investment Policy- Resolution No. 98-14 17. GN 98-29 Approval of Youth Advisory Committee By-Laws and Selection Process and Amendment of Ordinance 2226 - Ordinance No. 2291 . e Page 4 . NUMBER ITEM ACTION TAKEN *18. GN 98-30 Waiving the Requirement to Plead and Prove Mens Rea; (Culpable Mental) in Code Cases - Ordinance No. 2286 *19. GN 98-31 Release of Liens and Covenants on Oak Hills Addition Phase II; Resolution No. 98-13 *20. GN 98-32 Approve "No Parking" Zone on Bob Drive from Harwood Road to 5341 Bob Drive - Ordinance No. 2287 *21. GN 98-33 Approve "No Parking - Loading/Unloading Only" Zone for the 5200 Block of Susan Lee Lane - Ordinance No. 2288 *22. GN 98-34 Authorization of Eminent Domain Proceeding on Rumfield Road, Phase II - Spring Oak Drive to Eden Road - Resolution No. 98-12 *23. GN 98-35 Amend 1998 Capital Projects Budget and Authorize Debt Issuance Projects *24. GN 98-36 Approval of Economic Development Advisory Committee - Ordinance No. 2290 e e Page 5 . NUMBER ITEM ACTION TAKEN *25. GN 98-37 Exemption from Library Non- Resident Fee for Teachers of Private K-12 Schools in City 26. GN 98-38 Consider Ordinance to Declare a Moratorium on Permits for Electronic Message Board Signs - Ordinance No. 2289 27. GN 98-39 Resolution Opposing Internet Tax Freedom Act. - Resolution No. 98-15 28. PU 98-21 Award Professional Services Contract for Library Long Range Plan to Providence Associates *29. PU 98-22 Change Order No. 1 - New Attraction at NRH20 *30. PU 98-23 Award Bid for Public Safety Computer System to Tiburon *31. PU 98-24 Award Bid for GIS Geofile Conversion to Tiburon *32. PU 98-25 Award Bid for Police Automatic Vehicle Locator to Tiburon 33. PU 98-26 Award of Bid for Installation of Uniform Park Signage . e e . . . #- Page 6 NUMBER ITEM ACTION TAKEN *34. PU 98-27 Award Annual Food Service Contract for NRH20 Water Park 35. Citizens Presentation 36. Adjournment CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MARCH 23, 1998 - 5:50 P.M. . For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820. . NUMBER ITEM ACTION TAKEN 1. GN 98-29 Approval of Youth Advisory Committee By-Laws and Selection Process and Amendment of Ordinance No. 2226 - Ordinance No. 2291 (Agenda Item No. 17) (5 Minutes) 2. IR 98-48 Rufe Snow Drive Status Report (10 Minutes) 3. GN 98-35 Amend 1998 Capital Projects Budget and Authorize Debt Issuance Projects (Agenda Item No. 23) (5 Minutes) 4. GN 98-36 Approval of Economic Development Advisory Committee - Ordinance No. 2290 (Agenda Item No. 24) (5 Minutes) 5. PU 98-23 Award Bid for Public Safety Computer System to Tiburon (Agenda Item No. 30) (10 Minutes) 6. Discuss Other Regular Agenda Items (10 Minutes) 7. IR 98-37 Set Date for Goal Setting Meeting (5 Minutes) 8. IR 98-40 Status Report on the Arcadia Market Plan Analysis (5 Minutes) e . . Page 2 . NUMBER ITEM ACTION TAKEN 9. IR 98- 41 Status Report on Trinity Express Railway Funding (10 Minutes) 10. IR 98- 42 Request by City of Grapevine to Communicate Support for Fort Worth & Western RailroadfTarantula Train (5 minutes) 11. I R 98- 46 Environmental Protection Agency (EPA) Administrative Order (AO.) for Wastewater System Rehabilitation (5 Minutes) 12. Other Informational Items (5 Minutes) 13. *Executive Session (10 Minutes) - The Council may enter into closed executive session to discuss the following: A Pending Litigation under Gov. Code §551.071 1. NRH vs. Shires 2. Martin vs. NRH 3. NRH vs. Beck 114 I Adjournment - 7:20 p.m. I I *Closed due to subject matter as provided by the Open Meetings Law. If anÖ action is contemplated, it will be taken in open session. 3}POSTJ!j¡ I~e 3.'~~ L ·r'~ H~I~ By_ , CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 23, 1998 . For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1 . Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. . NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special Presentations Presentation of Proclamation - National Red Cross Month 5. Removal of Item(s) from the Consent Agenda . Page 2 . NUMBER ITEM ACTION TAKEN 6. Consent Agenda Item(s) Indicated by Asterisk (7,8, 16, 18, 19,20,21,22, 23,24,25,29, 30, 31, 32, & 34) *7. Minutes of the Pre-Council Meeting February 23, 1998 *8. Minutes of the Regular Meeting February 23, 1998 9. PZ 97-47 Public Hearing to Consider Amending the Zoning Ordinance to Establish Regulations for HUD Code Manufactured Housing and Mobile Homes - Ordinance No. 2274 10. PZ 98-01 Public Hearing to Consider the Request of Bob Frank to Amend Planned Development No. 22 Regarding Front Entry Garages for Meadow Lakes Villas. (Located at the west end of Iron Horse Drive) - Ordinance No. 2272 11. PZ 98-02 Public Hearing to Consider the Request of Ken Erickson of Insite Reality to Rezone Lot 4, Block A, Richland Oaks Addition from R-1 Residential to C-2 Commercial. (Located at 4900 Oakridge Terrace) - Ordinance No. 2279 e . .. " . . e Page 3 NUMBER ITEM ACTION TAKEN 12. PZ 98-05 Public Hearing to Consider the Request of Kent Davis to Rezone a Portion of Lot 3R1-BR, Block 1, Martin Addition from AG Agricultural to R-2 Residential. (Located at 6817 Nob Hill Drive) - Ordinance No. 2276 13. PZ 98-09 Public Hearing to Consider the Request of Glen Good to Amend Planned Development No. 20 to expand an Assisted Living Facility on Tract A, Block 25, Holiday North Addition (Located at 7801 North Richland Blvd.) - Ordinance No. 2275 14. PS 97-59 Request of FWF Properties, Inc., for a Replat to be known as Lots 1 R 1 & 7, Block 1, Richland Oaks Addition. (Located in the 8393 Block of Grapevine Highway) 15. PS97-62 Reconsideration of Replat Requirement for State Plane Coordinates (G.P.S.) On Lot 3R-1- BR, Block 1, Martin Addition *16. GN 98-28 Public Fund Investment Policy - Resolution No. 98-14 17. GN 98-29 Approval of Youth Advisory Committee By-Laws and Selection Process and Amendment of Ordinance 2226 - Ordinance No. 2291 Page 4 . NUMBER ITEM ACTION TAKEN *18. GN 98-30 Waiving the Requirement to Plead and Prove Mens Rea; (Culpable Mental) in Code Cases - Ordinance No. 2286 *19. GN 98-31 Release of Liens and Covenants on Oak Hills Addition Phase II; Resolution No. 98-13 *20. GN 98-32 Approve "No Parking" Zone on Bob Drive from Harwood Road to 5341 Bob Drive - Ordinance No. 2287 *21. GN 98-33 Approve "No Parking - Loading/Unloading Only" Zone for the 5200 Block of Susan Lee Lane - Ordinance No. 2288 *22. GN 98-34 Authorization of Eminent Domain Proceeding on Rumfield Road, Phase II - Spring Oak Drive to Eden Road - Resolution No. 98-12 *23. GN 98-35 Amend 1998 Capital Projects Budget and Authorize Debt Issuance Projects *24. GN 98-36 Approval of Economic Development Advisory Committee - Ordinance No. 2290 . . e Page 5 ".. . NUMBER ITEM ACTION TAKEN *25. GN 98-37 Exemption from Library Non- Resident Fee for Teachers of Private K-12 Schools in City 26. GN 98-38 Consider Ordinance to Declare a Moratorium on Permits for Electronic Message Board Signs - Ordinance No. 2289 27. GN 98-39 Resolution Opposing Internet Tax Freedom Act. - Resolution No. 98-15 28. PU 98-21 Award Professional Services Contract for Library Long Range Plan to Providence Associates *29. PU 98-22 Change Order No. 1 - New Attraction at N RH20 *30. PU 98-23 Award Bid for Public Safety Computer System to Tiburon *31. PU 98-24 Award Bid for GIS Geofile Conversion to Tiburon *32. PU 98-25 Award Bid for Police Automatic Vehicle Locator to Tiburon 33. PU 98-26 Award of Bid for Installation of Uniform Park Signage e v Page 6 - NUMBER ITEM ACTION TAKEN *34. PU 98-27 Award Annual Food Service Contract for NRH20 Water Park 35. Citizens Presentation I 36. I Adjournment I I . "9STE~ 3)~~JqR 3'L)~ Time By &J~~ e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-36 . ~ Date: T Subject: March 23,1998 Paws To Recycle Winner For the second time, the NRH Animal Services Center has won the top prize in the national Paws to Recycle Contest sponsored by Alcoa Aluminum and American Humane Association. The Center won the first year of the contest in 1994 and was in the top ten last year. The award provides a prize of $3,000 as well as pet food for the Center. The staff and volunteers at the Animal Services Center worked very hard to collect aluminum cans and receipts from all over the Metroplex and are directly responsible for this award. They deserve recognition for the extra effort they all put in on behalf of the animals in their care. They represent what is best about working for the City of North Richland Hills. The $3,000 prize will be placed in the NRH Shelter Fund and will be used to help animals in our community. .~b~ Pam Burney, R.S. Environmental Services Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS · · · INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR98-43 No. * ! Date: I <, Subject: March 23, 1998 Texas Recreation & Park Society Awards The North Richland Hills Parks & Recreation Department is pleased to announce the presentation of two very prestigious awards by the Texas Recreation & Park Society. The department was chosen to receive the "Lone Star Programming Award" and the "Park Design Excellence Award" at the 1998 Texas Recreation & Park Society Awards Banquet on March 6, 1998. The "Lone Star Programming Award" was presented for the National IronKids Bread Triathlon Championship. This special event, hosted this past summer in North Richland Hills, was designed to promote good nutrition, physical fitness and positive attitudes for children ages 7-14. ESPN broadcast the event with Olympic Gold Medalists Janet Evans and Mia Hamm serving as spokespersons. More than 360 youth traveled from all over the United States and as far away as Korea to participate in the event. This marks the second time that North Richland Hills has been recognized with this prestigious award. The department was previously selected to receive the "Lone Star Programming Award" for our highly successfully "Daddy - Daughter Valentine Dance". The 1998 "Park Design Excellence Award" for the Richland Tennis Center was also our second time to be selected by our professional peers to receive this esteemed award. The North Richland Hills Parks & Recreation Department was previously selected to receive this award for NRH20 Family Water Park. The $2.28 million joint use facility was acknowledged for its many unique and high quality design nuances. The Richland Tennis Center's sunken stadium championship court, full service Pro Shop, meeting room/lounge, covered outdoor patios and attention to court design details such as angled corners, black vinyl coated fencing, playground and shaded benches between courts all contribute to a superior tennis environment and experience for participants. The Richland Tennis Center as you will recall, was also selected "Best New Municipal Tennis Facility in the United States" for 1997 by Tennis Industry Magazine. We are proud and appreciative of the opportunity to maintain this "standard of excellence" in the design and programming of recreational facilities and programs for the citizens of North Richland Hills. Thank you for you continued support and congratulations on this esteemed recognition of your leadership and commitment to quality of life excellence. Respectfully submitted, \....: ~o ~ -- ~ -- Jim Browne Director of Parks & Recreation ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS · · · INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 98-44 o. ~ Date: T Subject: March 23, 1998 NRHzO - Southwest Regional Lifeguard Championships NRHzO will be hosting the eighth annual Ellis & Associates Southwest Regional Lifeguard Championships. The Championship will be held on Thursday, July 16 at NRHzO Waterpark. The winners in each event will be invited to compete at the National Championship in Orlando, FL. NRHzO hosted this competition last year and it was very successful, tying the record for the most teams and competitors to attend a regional. We had 100 competitors and 24 judges and mock victims representing 13 teams from places as varied as Albuquerque, New Mexico, Baton Rouge, Louisiana, and Schlitterbahn Waterpark. We also had many local teams compete such as Hurricane Harbor, the City of Garland, and the City of Piano. We placed first in the most realistic and hardest event which was the "integrated problem". We also placed second in the "backboarding" event which is the next most realistic event in the competition. The E&A Lifeguard Competition has been going on for eight years now and has received very favorable press. Last year's national championships were broadcast on ESPN2 and the plan is for this to happen again this year. This year will also be the first ever Texas State Junior Guard Championships. These games were created here at NRHzO and were designed to enhance the wellness and fitness of area youth. The program is also intended to further the education of the community in CPR and first aid, not to mention the added exposure this will bring the park. Hopefully this competition will continue to grow and will be the model for all future Junior Guard programs and competitions in the U.S. Predictions for the first year's attendance are roughly from 40-70 competitors. This will be the first Junior Guard competition hosted outside of Canada, California, and a few eastern coastal states. Respectfully Submitted, c::::-- ~~h~ Jim Browne Director of Parks & Recreation ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . . INFORMAL REPORTTO MAYOR AND CITY COUNCIL IR 98- 45 No. ~ Date: T Subject: March 23, 1998 Texas Tennis Association Grant The United States Tennis Association, Tennis Industry Association, and Tennis manufacturers have joined together in funding a 30 million dollar initiative to grow the game of tennis. The Dallas/Fort Worth area has been chosen as one of sixteen Tier 1 market cities to receive major grant funding. Richland Tennis Center will be participating in National Tennis Day, May 9, 1998. We along with other municipal and private facilities will be offering free tennis lessons on Saturday, May 9 and for the following two weeks. Richland Tennis Center has also been awarded a Texas Tennis Association "Grow the Game Grant" in the amount of $4,000. This grant is for the expansion of Richland Tennis Center's grass roots programs such as their Future Stars classes for youth ages 6 - 18 and the conversion of our Play Tennis America programs to the new USA Tennis 1,2,3 programs. Additionally in our grant proposal we indicated a desire to become involved in the teaching of tennis in the BISD elementary and middle school PE classes. Our Tennis Professional Staff have contacted BISD elementary PE teachers to provide their services in conducting school assemblies about tennis. We have also met with the BISD Athletic Director to discuss implementing a middle school tennis program. We have attached, for your information, a schedule of the many exciting events and upcoming tournaments at your Richland Tennis Center. Respectfully Submitted, I~~ - ~ ~ Jim Browne Director of Parks & Recreation ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . - ~ '''',''.,.. . ,-..,.' .:0. ..-'" ¿." .-.. ,-.;:.:;:;.~,::" :. -~ ,... -"- """;";':O'......o. . .;... ..' , ':"'.0. .,;..' :.. -_"'-\. .....;. ~',.... ~ _... .å',' -- --.,'- .........., - -.. '. - ... '- -'.. .. - --..---'\. \~ '\ ~ '\'. '~.._--c..:.;.. . . '._- ~"'-" .,~....- ~~~, . J"' an 2.2. J"'an 2.1 f~b 2.0 - f~b 24 f~b 2.(, Mar 1 Mar S Mar (, Mar 13 - 14 Mar 13 - 14 Mar n Mar 11 Mar 2.1 Mar 1.1 - 2.1 Mar 31 Apr 4 Apr 4 Apr(,-1 Apr 14 Apr 1(, -n Ma14 Ma1 (, - 1 Ma1 1 Ma1 1(, - n Ma1 2.3 - 2.? J"' une Iß J"' une 2.(, - 2.ß e ..~ / .. F-it.h\and íennis !.enter l.a\endar of £vents - ~inter/'f>prin9 I11ß (l.¡"h\and High ~hoo\ 'IS l.arroU (l.¡"h\and High ~hoo\ 'IS e.osw~U l'r~sid~nr s !.up H~ T ournam~nt (l.¡"h\and 'J'V Tournam~nt (l.¡"h\and High ~hoo\ Varsit1 T ournam~nt Tl.D Miud Doub\~s ~pring ~ason e.~gins Tt:.D 13di~s' Doub\~s '5pring ~ason e.~gins U~TA 13di~s' Leagu~s e.~gin (l.¡"h\and High ~hoo\ T ournam~nt NT{Z.1' V~rif1ing l.\ini" (l.¡"h\and High ~hoo\ J"V 'IS Alvarado (l.¡"h\and High ~hoo\ 'IS l.\~burn~ l'rin"~ D~mo Da1 T ai t:.hi T ournam~nt (l.¡"h\and High ~hoo\ 'J'V vs Ar\ington U~TA M~n's Leagu~ e.~gins Mid l.iti~s T ournam~nt High ~hoo\ Distri"t 3A (l.¡"h\and High ~hoo\ J"V Distri"t (l.¡"h\and High ~hoo\ Distri"t 'f>O~ e.~nefit T ournam~nt t:.orporat~ l.haU~ng~ U~A T~nnis fru Lessons U~TA 1'\a1offs North (l.¡"h\and "'i\\s Adu\t Open ITA Gtir\s ~ut t:.arniva\ North (l.¡"h\and "'iUs J"'unior Open 3:00pm 3:30pm ß:30am ß:30am ß:30am ß:30am n:ooam 4:00pm 3:00pm 1:00pm ß:ooam 4:00pm 1:00am ß:OOam ß:30am ß:30am 1:00am (':30pm n:OOam 1:00am ß:ooam 1:30am-3:30 ß:OOam INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98- 49 e ~ Date: ~ Subject: e e March 23, 1998 LIBRARY RECIPROCAL BORROWING AGREEMENT I am pleased to report that a reciprocal borrowing agreement has been reached with the City of Haltom City that will permit residents of both cities greater access to the library resources in the area. The agreement was authorized by Council action on April 22, 1996, Resolution No. 96-27, and by action of the Haltom City Council on February 23, 1998. As a result of this agreement, residents of North Richland Hills will now have access to the resources of the Haltom City Library, which has a collection of about 70,000 books and serials, in addition to a large number of electronic resources, sound recordings, videotapes, and other library materials, This agreement is scheduled to take effect on April 1, 1998. On that date both libraries will begin issuing library cards to residents of the other city who show identification and proof of residence, This brings to five the number of nearby cities with which we have reciprocal borrowing agreements. The others are Bedford, Hurst, Richland Hills, and Watauga. The combined resources of these libraries provide NRH residents with direct borrowing access to approximately 400,000 print volumes, plus the varied other resources of these libraries. Respectfully Submitted, ,,~ ¿~ Steve Brown Library Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . MINUTES OF THE MEETING OF THE BOARD OF APPEALS OF THE CITY OF NORTH RICH LAND HILLS, TEXAS JANUARY 13, 1998 - 7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Chairman Garry Cope at 7:30 p.m. 2. ROLL CALL PRESENT Chairman Garry Cope John Larriviere Michael Augustin Mary McCaig Mary Norwood ABSENT Michael Dean CITY STAFF Building Official Recording Secretary Code Enf. Officer Code Enf. Officer Ed Dryden Valerie Taylor Tim Horvath Darren Williams -- 3. CONSIDERATION OF MINUTES OF NOVEMBER 7,1996 APPROVED Mr. Augustin moved, seconded by Mr. Larriviere, to approve the minutes of the November 7,1996 meeting. The motion carried 5 - O. 4. ELECTION OF OFFICERS Mr. Larriviere moved, seconded by Ms. Norwood for Garry Cope to remain Chairman. The nomination carried 4 - O. Ms. Norwood moved, seconded by Garry Cope to elect Michael Augustin as Vice-Chairman. The nomination carried 4 - O. e Page 1 · 5. BBA 98-01 REQUEST OF DAVID MADDOX TO RESCIND THE ORDER OF DEMOLITION FOR LOT 6, BLOCK 9, SMITHFIELD-ACRES ADITION. (LOCATED AT 6951 CRABTREE LANE) DENIED Chairman Cope opened the public hearing and asked the applicant to come forward. Mr. David Maddox presented his request stating that he had not anticipated such opposition for his request. Mr. Maddox believes the house is repairable, stating that he feels the only damage to the home is deterioration from weather and vandalism. Mr. Maddox passed out copies of a document stating that a loan for $27,000 was secured for rehab from Cambridge Mortgage Corporation and a written statement of improvements he planned on making. Chairman Cope informed everyone that Mr. Augustin would be keeping tract of the time and they plan on staying very strict on the 5-minute limitation for each person speaking. e Responding to a question, Mr. Maddox stated that he is now the owner of this property. He purchased it from Mr. Joe Barnett, a personal friend. Mr. Maddox stated that rehabilitation would begin immediately and would meet city standards. Mr. Maddox stated that he did not plan on occupying the home; that he planned on selling it. Chairman Cope asked staff for their report. Ed Dryden, Building Official, stated that the original structure was ordered demolished by this board on November 7, 1996 but wasn't demolished immediately per instructions from the city attorney. When the city attorney gave his order to move forward with the demolition, a last Demolition Order was sent to Mr. Joe Barnett, the record title owner. On January 2, 1998, Mr. David Maddox hand delivered his request to rescind the demolition order. Mr. Dryden explained that he had requested a Schedule of Completion from Mr. Maddox; this was never received. e Responding to a question, Mr. Dryden stated that in his opinion, $27,000 would not be enough to repair the home. The roof is open to the sky and has been for quite some time. All of the sheetrock is fallen from the ceilings. All of the walls are covered with mold and mildew. Most likely, some of the structural frame will have to be replaced. All of the wiring will have to be replaced. The air Page 2 J . conditioning system will have to be replaced. The needed repairs are well over $27,000. Chairman Cope called for any additional proponents. Seeing none, he called for any opponents. Ms. Sheri Beck, 6958 Crabtree Lane, submitted pictures showing the condition of the vacant home and asked the Board not to rescind the Order of Demolition. Additional opponents of this request were: Ms. Carol Pack, 6955 Crabtree Lane Mr. Kevin Beck, 6958 Crabtree Lane Mr. Jim Watkins, 6967 Crabtree Lane Ms. Harriet Hosley, 8104 Cross Drive Mr. Maddox informed the Board that he believes the home is repairable and asked the Board to rescind the Order of Demolition. Chairman Cope closed the public hearing. The general consensus of the board was that nothing has changed since the _ original Order of Demolition that would justify rescinding this order. Ms. Norwood moved, seconded by Mr. Augustin, to deny Mr. Maddox's request. The motion carried 5 - O. 6. STAFF REPORT There was nothing to report. 7. CITIZEN COMMENTS There were none. 8. ADJOURNMENT e Ing no further business to conduct, the meeting adjourned at 8:50 p.m. Page 3 .' MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 15,1998 - 7:30 P.M. 1. CALL TO ORDER The meeting was called to order by Chairman Duer at 7:30 p.m. 2. ROLL CALL Present ZBA Members Chairman Dr. Tom Duer Bill Schopper Cindy Martin Jimmy Bellomy Perry Christensen . City Staff Planner Recording Secretary Ass't City Manager Plans Examiner Christopher Baker Valerie Taylor Randy Shiflet P. J. Skare 3. CONSIDERATION OF MINUTES OF DECEMBER 18, 1997 APPROVED Ms. Martin made the motion; seconded by Mr. Christensen to approve the minutes of the December 18, 1997 meeting, subject to a change pointed out in orientation. The motion carried 5 - O. Chairman Duer explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. . 1 . 4. BA 97-45 REQUEST OF WILLIAM HALL OF TREATS INVESTMENTS, LLC, TO VARY FROM THE SIGN REGULATIONS TO CONSTRUCT AN OVERSIZED AND PROTRUDING ROOF SIGN ON LOT 1, BLOCK 1, NOS HILL CENTRE' ADDITION. (LOCATED AT 6605 PRECINCT LINE ROADO DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. William Hall, Treats Investments, presented his request. He explained that he purchased this property to build a new Dairy Queen. Dairy Queen International now requires franchisee's to build a certain building and this protruding roof sign is required as well. Franchisee's can not deviate from this design. Mr. Hall had the property platted, and when he submitted his construction plans for a building permit, was informed the sign regulations wouldn't allow this protruding roof sign. Mr. Hall is requesting a variance so that he may proceed; if his request is denied he will not be allowed to construct his store. e Responding to a question, Mr. LeBaron stated that the sign ordinance allows for a pole sign and a roof sign. The sign ordinance does not allow for a protruding roof sign. Chairman Duer called for any additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Chairman Duer asked Mr. Hall if he would consider forfeiting the pole sign. Mr. Hall stated that this business is extremely competitive and he needs the pole sign as well. The protrusion of the sign will not encroach the front building line. The pole sign would be located on the north side of the property. A sign easement was dedicated and placed on the plat. Ms. Martin stated that she believes denying this request would cause Mr. Hall a hardship in that Dairy Queen International will not allow Mr. Hall to construct this store without this sign. Mr. Schopper believes the sign ordinance should be re-evaluated. After much discussion, Ms. Martin made the motion to approve BA 97-45 subject to the protruding part of the sign being at least 50' from the front property line. . 2 ·' Chairman Ouer seconded the motion. The vote was 2 - 3. Messrs. Schopper, Bellomy and Christensen were opposed to this motion. Chairman Ouer informed Mr. Hall that his request is denied. 5. BA 97-46 REQUEST OF CHANDLER SIGNS, INC., TO ALLOW ADDITIONAL SQUARE FOOTAGE ON AN EXISTING SIGN FOR LOT AR, BLOCK 6, CRESTWOOD ESTATES ADDITION. (LOCATED AT 7501 DAVIS BOULEVARD) TABLED Chairman Ouer opened the public hearing and asked the applicant to come forward. Mr. Paul White, Chandler Signs, asked the Board to table this item until the February meeting. He stated that they were not prepared for this presentation. Mr. Christensen made the motion to Table BA 97-46 until the February meeting. Mr. Bellomy seconded the motion and it carried 5 - O. e 6. BA 97-47 REQUEST OF LARRY DARLAGE, PRESIDENT OF TCJC NE CAMPUS TO VARY FROM THE SIGN REGULATIONS TO ALLOW FOR AN OVERSIZED MONUMENT SIGN FOR NORTHEAST CAMPUS ADDITION. (LOCATED AT 828 HARWOOD ROAD IN HURST) APPROVED Chairman Ouer opened the public hearing and asked the applicant to come forward. Mr. Larry Oarlage presented his request. He explained that the Fort Worth Star Telegram has donated this electronic reader board to the school and they would like to place it on top of their existing monument sign. Chairman Ouer called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Bellomy made the motion to approve BA 97-47. Ms. Martin seconded the motion and it carried 4 - 1. Mr. Christensen was . opposed to this request. 3 ·c 7. SA 97-49 REQUEST OF GATEWAY COUNTRY STORES, INC. FOR A VARIANCE TO CONSTRUCT A SIGN WITHIN THE FREEWAY OVERLAY SIGN DISTRICT ON LOT 4, RICHLAND OAKS ADDITION, THIRD FILING. (LOCATED AT 4900 OAKRIDGE TERRACE) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Daniel Murphy, Gateway Country Stores, presented this request. He explained that Gateway Country is proposing to purchase this property for a Gateway Computer store. They submitted an application for a zoning change earlier this week. He stated this property is landlocked and has no street frontage, or any visibility from S.H. 121. He stated that Gateway would not purchase this property if this variance isn't granted. They are proposing a 392 square foot sign at a height of 64' in the southeast corner of the property. Chairman Duer called for additional proponents. e Mr. Tom Metcalfe, Insite Real Estate stated that he was present on behalf of the Fuller's, the current owners of the property. He read a letter they had written requesting the Board to grant this variance so they could sell this property. The Fuller's could not be present due to illness. Mr. Metcalfe reiterated that the sale of this property is contingent upon the sign variance being granted. Seeing no more proponents, Chairman Duer called for any opponents. Seeing none the public hearing was closed. Responding to a question, Mr. Murphy stated that they would be willing to lower the height of the sign to 50' and reduce the sign area to 250'. Mr. Schopper believes the Board would be overstepping their authority by granting this variance. Mr. LeBaron stated that one (1) letter of opposition had been received and a copy was included in the packets. . After much deliberation, Mr. Christensen moved to approve BA 97-48 subject to the property obtaining the required commercial zoning; with a height not to exceed 50' and the sign area not to exceed 250'; and the sign be placed in the southeast quadrant of the property. 4 . Mr. Bellomy seconded the motion and it carried 4 - 1. Mr. Schopper was opposed to this request. 8. BA 97-49 REQUEST OF TRI-COUNTY MANAGEMENT, REPRESENTING K-CLlNIC, TO ALLOW CONSTRUCTION OF AN OVERSIZED SIGN ON LOT 2, BLOCK 1, COCHRAN ADDITION. (LOCATED AT 8208 BEDFORD-EULESS ROAD) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Glenn Snyder, attorney for K-Clinic presented this request. He explained that this sign had already been fabricated, but not erected, when they learned that the sign contractor had not checked in to the sign regulations prior to construction. A $25,000 deposit for the sign has already been paid. Mr. Mo Kaeini, K-Clinic spoke in favor of this request. Seeing no more proponents, Chairman Duer called for any opponents. Seeing none, the public hearing was closed. e Mr. Christensen made the motion to approve BA 97-49 subject to a height of 50' and the sign area not to exceed 235.14' square feet in area. Mr. Bellomy seconded the motion and it carried 5 - O. 9. STAFF REPORTS There were none. 10. CITIZEN COMMENTS There were none. 11. ADJOURNMENT There being no additional business to conduct, the meeting adjourned at 8:55 p.m~7,A..-- .L5_______ . Chairman Thomas Duer 5 · MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 12, 1998 - 7:30 p.m. 1. CALL TO ORDER Because Chairman Barfield was not feeling well, Vice-Chairman Davis called the meeting to order at 7:30 p.m. 2. ROLL CALL PRESENT Chairman David Barfield Richard Davis Don Bowen Mark Wood Don Ferguson Ted Nehring e ABSENT Paul Miller CITY STAFF Planning Director Recording Secretary Planner Building Official Deputy City Manager Asst. Director of PW Staff Engineer Barry LeBaron Valerie Taylor Christopher Baker Ed Dryden Randy Shiflet Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF JANUARY 22, 1998 APPROVED e Mr. Wood moved to approve the minutes of January 22, 1998. Mr. Bowen seconded the motion and it carried 6 - O. Page 1 · 4. PS 97-59 REQUEST OF FWF PROPERTIES, INC., FOR A REPLA T TO BE KNOWN AS LOTS 1R1 & 7, BLOCK 1, WALKERS BRANCH ADDITION. (LOCATED AT 8401 GRAPEVINE HIGHWAY) APPROVED Mr. LeBaron explained that this 5.6-acre lot is being divided into two (2) lots to carve out a small restaurant pad site, stating that all engineering comments had been met. Mr. Wood made the motion to approve PS 97-59, requiring that access easements and lot numbers be added to the plat and subject to engineer's comments. Mr. Nehring seconded the motion and it carried 6 - O. Messrs. Wood, Nehring, Davis, Ferguson Barfield and Bowen voted in favor of this request. e 5. PS 97-62 REQUEST OF GAYLORD VAN Y AND MARCUS CABLE FOR A REPLAT TO BE KNOWN AS LOTS 1 & 2, BLOCK H, RICHLAND OAKS ADDITION. (LOCATED IN THE 8100 BLOCK OF GRAPEVINE HIGHWAY) APPROVED Chairman Barfield stated that his son owns a lot behind this property, but it doesn't abut it. He asked Mr. LeBaron if that would present a conflict of interest. Mr. LeBaron stated that no, it would not. Mr. LeBaron stated that this is 1.4 acres in size and is currently one lot. The applicant is dividing it into two. The property is zoned C-1 Commercial and Marcus Cable will be putting a switching station there. He explained there were some issues involved in this plat that should be discussed with the applicant. e Farrell Mosley, 1302 Austin Thomas, Keller, presented this request. Responding to a question, Mr. Mosley stated that he would not be opposed to a notation being placed on the plat stating no building permits would be issued on Lot 1 until the water line extension had been completed, however, he only speaks for Marcus Cable, he is not a representative for Mr. Van Y. Additionally, he stated they have no plans on using the alley behind this property. Page 2 Vice Chairman Davis asked if anyone had any questions or comments regarding . this issue, since it does abut residential property. There were none. Mr. Bowen stated that he wished there were a way a resolution could be made regarding the alley. He would like to see it abandoned and believes a masonry- screening fence should be required. Mr. LeBaron stated that when this submission was first made, staff recommended that the alley be abandoned, however, the applicant was reluctant to do that at the time because it would delay the platting process considerably. He stated that the applicant doesn't have a problem with abandoning the alley, but doesn't want it a condition of the plat. Much discussion ensued regarding the alley and masonry screening wall requirements. Mr. Barfield made the motion to approve PS 97-62 with the following requirements: construction of the sidewalks, require a masonry screening fence, that the water line on Lot 1 be constructed at the time a building permit is issued along the east property line with that notation on the plat, and that the access easement is clearly indicated on the plat. . Mr. Wood seconded the motion and it carried 6 - O. Messrs. Barfield, Wood, Davis, Nehring, Ferguson and Bowen voted in favor of this request. 6. PZ 97-47 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR HUD CODE MANUFACTURED HOUSING AND MOBILE HOMES. ORDINANCE NO. 2274 TABLED Vice-Chairman Davis opened the public hearing and asked staff for an introd uction. e Mr. LeBaron explained that in researching some legal references from the Texas Municipal League, it was discovered that the City needed to establish regulations for manufactured housing in NRH. This ordinance was drafted based on state statutes. A minimum lot area of 6,000 square feet and a lot width of 90' and a depth of 65' is proposed. By establishing these regulations, the citizen is given the opportunity to apply for a zoning district that does not currently exist and, it allows city staff to be consistent with case laws and state statues regarding manufactured housing. Page 3 · Chairman Davis called for any proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Responding to a question, Mr. Dryden stated that no state regulations exist regarding the minimum square footage in manufactured housing areas and that could be considered a policy issue. The 800 square feet indicated in the ordinance can be increased, as the Commission would so desire. Mr. Bowen believes that 800 square feet is too small and would prefer to see the minimum square footage increased. Mr. Davis stated that this particular draft ordinance doesn't reflect a minimum area of the district, he would like to see one established, possibly 4 - 5 acres; he also would like to see some form of site plan approval required that would indicate landscaping, common areas, access, screening walls and fencing. Mr. Barfield stated that if this is going to be established he believes the masonry screening wall requirement should be the same as in commercial districts. Additionally, he would like to see them only allowed along major collectors. He doesn't want to see them along back streets. Mr. Wood made the motion to table PZ 97-47 to allow staff to rewrite the e ordinance incorporating the Commissioners desires. Mr. Nehring seconded the motion and it carried 6 - O. Messrs. Wood, Nehring, Davis, Barfield, Ferguson and Bowen were in favor of this request. Mr. Barfield asked that staff include the same requirements for accessory buildings as are in residential districts currently. 7. PZ 98-01 PUBLIC HEARING TO CONSIDER THE REQUEST OF BOB FRANK TO AMEND PLANNED DEVELOPMENT NO. 22 REGARDING FRONT ENTRY GARAGES FOR MEADOW LAKES VILLAS. ORDINANCE NO. 2272 (LOCATED AT THE WEST END OF IRON HORSE DRIVE) APPROVED Vice-Chairman opened the public hearing and asked staff for an introduction. e Mr. LeBaron explained that in 1996 the city approved a Planned Development on the west side of Iron Horse Golf Course for a gated community. The subdivision was platted for 47 lots. In the Planned Development the Commissioners were very specific about trying to limit the number of front entry garages that would be Page 4 · allowed in this development. In doing so the language was confusing and misleading and actually required a certain amount of front entry garages, which wasn't the intention. This ordinance has been revised to indicate that "no more than 40% of the total number of lots shall be permitted to have front entry garages. A front swing garage shall not be considered a front entry garage." Vice-Chairman Davis called for any proponents. Seeing none, he called for any opponents. Seeing none the public hearing was closed. Mr. Nehring made the motion to approve PZ 98-01. Mr. Ferguson seconded the motion and it carried 6 - O. Messrs. Nehring, Ferguson, Davis, Barfield, Bowen and Wood were in favor of this request. e 8. PZ 98-02 PUBLIC HEARING TO CONSIDER THE REQUEST OF KEN ERICKSON OF INSITE REALTY TO REZONE LOT 4, BLOCK A, RICHLAND OAKS ADDITION FROM R-1 RESIDENTIAL TO C-2 COMMERCIAL. (LOCATED AT 4900 OAKRIDGE TERRACE) ORDINANCE NO. 2279 APPROVED Vice Chairman Davis opened the public hearing and asked staff for an introd uction. Mr. LeBaron stated that this is a 1-acre tract currently zoned single family. The applicant is requesting a rezoning for C-2 Commercial for a Gateway 2000 computer store. The property surrounding this lot is C-2. Vice Chairman Davis called for any proponents. Mr. Ken Erickson, Insite Realty, presented this request. He explained that all the property surrounding this property is zoned C-2 and has Gateway 2000 under Letter of Intent upon successful rezoning of the property. Vice Chairman Davis called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Bowen made the motion to approve PZ 98-02. e Mr. Barfield seconded the motion and it carried 6 - O. Messrs. Bowen, Barfield, Wood, Ferguson, Nehring and Davis voted in favor of this request. Page 5 e 9. PZ 98-07 CONSIDERATION OF REQUEST OF CITIZENS IN THE NORTH DAVIS BOULEVARD AREA FOR THE CREATION AND ESTABLISHMENT OF A NORTH DAVIS BOULEVARD OVERLAY ZONE Vice Chairman Davis explained that staff had received a letter from Mr. Matt Milano requesting the creation and establishment of an overlay zone for the North Davis Boulevard corridor. He asked Mr. Milano to come forward. Mr. Milano stated that he wanted to thank Mr. LeBaron publicly for all the time and effort he has spent with the citizens of this area. Mr. Milano explained that they had presented staff with a petition of over 300 signatures supporting his request this evening. The citizens in support of this study come from six different communities, including, Steeple Ridge, Thornbridge, Shady Oaks I and II, Forest Glenn and Ember Oaks. Mr. Milano explained that they see this area as the northern entrance into the City of NRH. He distributed booklets for the Commissioners outlining their request and stated some of the issues they would like to see considered as part of this study are: e + building design, including architectural features and appearance + landscaping + signage + development depths + types of businesses + utilities Mr. Milano stated that this area, in their opinion, should be a focal point to serve as a gateway into the city. He would like a study, similar to the Mid-Cities Corridor Study performed for this area. He thanked the Commission for their consideration and looks forward to working with them on this endeavor. Vice Chairman Davis stated the Commission would listen to as many that wanted to speak as they could, but asked for a show of hands from the audience that agreed with Mr. Milano's presentation. Everyone remaining in the audience, approximately 50 raised their hands in support of an overlay study. Additional proponents that spoke were: e Dan Williams, 8201 Lost Maple Drive Page 6 e Jim McCaig, 8508 Steeple Ridge Drive Dan Johnson, 8628 Shady Brooke Drive Peter Churchl6y, 8617 Ashley Court Chuck Bolash, 8212 Beverly Drive Peter Hilliard, 8636 Kensington Lane After much discussion it was determined that Mr. Milano, with assistance from city staff, contact the owners of the property in question and get some feed back from them, and then come back before the Commissioners in 60 days with a report. 10. STAFF REPORT Mr. Davis stated that there will be an amendment to the masonry requirements regarding masonry in industrial districts. e 11. CITIZEN COMMENTS There were none. 12. ADJOURNMENT There being no additional business to conduct, the meeting adjourned at 9:05 p.m. ~n,~ ~~ David Barfield, Chairman e Page 7 . . . MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 26,1998 -7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Chairman David Barfield at 7:30 p.m. PRESENT CITY STAFF 2. ROLL CALL Chairman David Barfield Richard Davis Don Bowen Mark Wood Don Ferguson Ted Nehring Paul Miller Planning Director Recording Secretary Planner Deputy City Manager Asst. Director of PW Staff Engineer Barry LeBaron Valerie Taylor Christopher Baker Randy Shiflet Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF FEBRUARY 12, 1998 APPROVED Mr. Wood moved to approve the minutes of January 22, 1998. Mr. Nehring seconded the motion and it carried 7 - O. Page 1 .: 4. PS 98-04 REQUEST OF JACK COOK FOR A PRELIMINARY PLAT TO BE KNOWN AS LOT 1 BLOCK 1 WA TERFORD ADDITION. (LOCATED AT 6200 GLENVIEW DRIVE) APPROVED Mr. LeBaron explained that this 9.2-acre tract of land that is currently zoned Multi-family. The applicant is planning on constructing an Independent Living Facility for senior citizens. Staff would prefer to see the property rezoned as a planned development. The other issues associated with this plat are sidewalks and drainage. Much of the site is within the 100-Year FloodPlain; staff recommends the drainage basin be analyzed accordingly. Mr. Davis made the motion to approve PS 98-04, subject to engineer's comments and that the sidewalk waiver not be granted, and that the lot and block be changed to run sequentially with the existing addition. Mr. Wood seconded the motion and it carried 7 - O. Messrs. Davis, Wood, Nehring, Ferguson, Barfield, Bowen and Miller were in favor of this request. . 5. PS 98-06 REQUEST OF DAVID BRANACH FOR A PRELIMINARY PLAT TO BE KNOWN AS LOT 1 BLOCK 1 COCAMAR ADDITION. (LOCATED IN THE 8800 BLOCK OF MARTIN DRIVE) APPROVED Mr. LeBaron explained that this is a four-acre tract of undeveloped land on Martin Drive. It is currently zoned AG but the applicant will be rezoning the property to R-1-S. Drainage is the only issue associated with this plat and the applicant is aware of what is required. Mr. Davis stated that he thought it would be reasonable requirement that a drainage easement only be required for the northwest corner of the property and have the applicant sign a covenant for future improvements, if and when necessary. Mr. Branach explained that the name Cocamar, is a combination of his three children. He explained his family will be here forever and would like this addition named after his children, Conner, Casey and Margo. . Mr. Davis made the motion to approve PS 98-06 subject to engineers comments, require a covenant for potential drainage improvements at the northwest corner Page 2 . of the property, and that the subdivision name be changed to GlennAnn, Lot 9, Block 15. Mr. Bowen seconded the motion and it carried 7 - O. Messrs. Davis, Bowen, Ferguson, Nehring, Barfield, Wood & Miller voted in favor of this request. 6. PZ 97-47 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR HUD CODE MANUFACTURED HOUSING AND MOBILE HOMES. ORDINANCE NO. 2274, TABLED 2/12/98 APPROVED .' Mr. LeBaron explained that this item was tabled at the previous meeting. Staff has redrafted and incorporated changes in the ordinance. Minimum dwelling unit size was increased and requirements for masonry-screening walls, site plan review and a four-acre minimum district have been incorporated. Mr. Wood made the motion to approve PZ 97-47. Mr. Ferguson seconded the motion and it carried 7 - O. Messrs. Wood, Ferguson, Davis, Nehring, Barfield, Bowen and Miller were in favor of this . request. 7. PZ 98-05 PUBLIC HEARING TO CONSIDER THE REQUEST OF KENT DAVIS TO REZONE A PORTION OF LOT 3R1-BR, BLOCK 1, MARTIN ADDITION FROM AG AGRICULTURAL TO R-2 RESIDENTIAL. (LOCATED AT 6817 NOB HILL DRIVE) ORDINANCE NO. 2276 APPROVED Chairman Barfield explained that due to a conflict of interest he would be abstaining from discussion and voting on this item. Mr. LeBaron explained that this item was platted at the previous meeting and one of the requirements of the plat approval was the 25' acquired from Mr. Barfield be rezoned to R-2 to coincide with the rest of his property. Vice-Chairman Davis opened the public hearing and asked for any proponents. Seeing none, he called for any opponents. Mr. Joe Gray, 9216 Amundson Road, stated that he wanted to make sure that no . runoff from this property would be directed onto his property. Page 3 .: . . Seeing no additional opponents, the public hearing was closed. Mr, Bowen moved to approve PZ 98-05. The motion was seconded by Mr. Nehring and it carried 6 - O. Messrs. Bowen, Nehring, Davis, Ferguson, Wood & Miller voted in favor of this request Mr. Barfield abstained. .' 8. PZ 98-06 PUBLIC HEARING TO CONSIDER THE REQUEST OF RICHARD SHAW OF COLONAIL EQUITIES, INC. FOR SITE PLAN APPROVAL FOR A MUL TI- FAMILY DEVELOPMENT ON TRACT 2F2, ACKERS SURVEY, A-19. (LOCATED SOUTH OF BROWNING DRIVE, EAST OF IRON HORSE GOLF COURSE, NORTH OF LOOP 820 AND WEST OF THE DART RAILROAD RIGHT-OF-WAY) TABLED Mr. LeBaron stated that the applicant has submitted a site plan for a multi-family development on this property. A time frame was placed on the applicant for site plan approval during the zoning phase of this development last year. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Richard Shaw, Colonial Savings, presented this request He stated this would be a high-end, multi-family development along Iron Horse Golf Course. Mr. Shaw showed pictures of several different elevations, stating that the units will resemble a single family home. The colors of the units will vary to add diversity. Several of the buildings will contain 10 units, but the majority will have eight. A business center, exercise facility and theatre are some of the onsite amenities included. Some units will have garages; others will have detached carports. Amenities included in the apartments are built in bookshelves, entertainment centers and wine racks. Responding to a question, Mr. Shaw stated that at the time this site plan was submitted, the application for site plan approval was not in affect Mr. Shaw stated that he did not own the property at the time the zoning change took place, so he was unaware of some of the requirements the City of NRH had regarding site plan submittals. Discussion ensued regarding the number of units in Phase I, the placement of the proposed phase line, too much density and the lack of open space. Page 4 . . . Mr. Wood moved to table PZ 98-06 for up to 60 days, allowing the applicant time to rework the site plan and submit the required application. Mr. Miller seconded the motion and it carried 7 - O. Messrs, Wood, Miller, Davis, Nehring, Ferguson, Barfield and Bowen were in favor of this request. 9. PZ 98-09 PUBLIC HEARING TO CONSIDER THE REQUEST OF GLEN GOOD TO AMEND ORDINANCE NO. 2043, A PLANNED DEVELOPMENT FOR AN ASSISTED LIVING FACILITY ON TRACT A, BLOCK 25, HOLIDAY NORTH ADDITION. (LOCATED AT 7801 NORTH RICHLAND BOULEVARD) APPROVED .' Mr. LeBaron explained that this 4.7-acre tract is being developed as a 28-unit facility for Alzheimer's patients at the existing Good Place Assisted Living Facility. Driveway spacing is the only concern staff has regarding this proposal. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Glen Good presented his request, explaining that the driveway on the west could probably be relocated to align more with Crestwood, but he would need to speak with his architects for a final design approval. Mr. Good explained that this type facility generates very little traffic. Chairman Barfield called for any proponents. Seeing none, he called for any opponents, Seeing none, the public hearing was closed. Mr. Davis made the motion to approve PZ 98-09 subject to the applicant and city staff the possibility of moving the western entrance to align with the street to the south. Mr. Wood seconded the motion and it carried 7 - O. Messrs. Davis, Wood, Miller, Bowen, Barfield, Ferguson & Nehring were in favor of this request. 10. STAFF REPORT There were none. Page 5 e: . . 11. CITIZEN COMMENTS There were none. 12. ADJOURNMENT There being no additional business to conduct, the meeting adjourned at 8:20 p.m. ~ Don Bowen, Secretary Page 6 THE STATE OF TEXAS . COUNTY OF TARRANT § § § AFFIDAVIT OF DISQUALIFICATION The undersigned Board Member of the City of North Rich/and Hills hereby under oath says that he has an interest in Item 7t:. Cf(}.0.5 on the Agenda for ;;Jcc ,:};) -q 8 ,199_. The nature of the interest is: \)%!..' ~¡}-1- c:Y?v:L, ì)'L ÐIV0~~ By filing this affidavit with the Secretary of the Board, the undersigned gives notice that he will not and has not taken part in the discussion or deliberation on such agenda . item and will not vote on such agenda item. Signed under oath thi21L day of ~(r t (..... ('::1 I 198.- ~-~~ Board Member , Sworn to and subscribed before me thi~ day of fro lY\A~j 199-¥ erson Administering p th City of North Richlandi ills, Texas . INFORMAL REPORTTO MAYOR AND CITY COUNCIL N IR 98-48 o. . ,\ -=ðk?=-\ / /ì - , !/:~ 'i Date: March 23, 1998 Subject: Rufe Snow Drive - Status Report The City is currently working to improve four sections of Rufe Snow Drive. The four sections are being treated as four separate projects. Three of the projects are currently being designed and one is in the planning stage. The three projects being designed are funded by the Intermodel Surface Transportation Efficiency Act (ISTEA). A description and a summary of the status of each project is shown below. Rufe Snow Drive from Loop 820 to Mid-Cities Boulevard This project is an ISTEA funded project and is currently in the design phase. The City's engineer has not been given the authorization from the Federal Highway Administration to proceed with the final design and the preparation of the right-of-way documents, We anticipate getting authorization next month. The engineer estimates that it will take 14 to 18 months to prepare the right-of-way documents, prepare appraisals for all parcels and to acquire the necessary right-of-way. After the right-of-way has been acquired, the Texas Department of Transportation (TxDOT) will let the project. The letting date is estimated to be August, 1999, . As you are aware, the TxDOT letting date has changed before, The changes are primarily due to the length of time it takes for TxDOT reviews and approvals. For example, the City's engineer began the Environmental Assessment process in January 1997. We were told it may take 6-8 months to complete this process, We anticipate getting environmental clearance in April, 15 months after we started, This lengthy review and approval process is an issue that has been raised by other cities. The new letting date will not affect the ISTEA funding for this project. Representatives from the North Central Texas Council of Governments (NCTCOG) and TxDOT have assured us that the City will not lose the funding, We will be available at the Council Meeting to discuss the funding process, Rufe Snow Drive Intersection at Glenview Drive This project is an ISTEA funded project and is currently in the design phase. Plans are due to TxDOT by September 1998, with a letting date set for February, 1999. . The original letting date for this project was November, 1997, Two key issues (besides the length of time involved in TxDOT reviews and approvals) have contributed to the letting date being revised to February, 1999, One issue was environmental concerns if the underground fuel tanks for the service stations located along the west side of Rufe Snow Drive needed to be relocated, The other issue involved getting an alignment approved by TxDOT that would work now and with possible future development on the northwest corner of Glenview Drive and Rufe Snow Drive (the old Food lion store site), ~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . . 0,- , .....-'.'".,'_,~. \'f,'- ·l'~'~·-· ~.,,,, ,;:..~, Rufe Snow Drive from Karen Drive to Loop 820 This project is an ISTEA funded project and is currently in the design phase, Plans are due to TxDOT by September, 1998, The letting date for this project is dependent on the letting date for the Rufe Snow Drive Bridge which TxDOT is designing. Right-of-way will need to be acquired from the service stations located at both corners of Rufe Snow Drive and Loop 820, The City and TxDOT will need to acquire the right-of-way at the corners jointly. The letting date for this project was November, 1997. The change in the letting date is due to changes in the TxDOT bridge letting date. Rufe Snow Drive from Fair Meadows to Bursey Road This project is currently in the planning stage. Staff is looking into different funding options for this project. One option would be to ask Tarrant County to assist us in the reconstruction of this project, The County's assistance will reduce the total construction cost by $625,000, The City of Watauga would also be asked to participate in the "city cost" of the project at a 50% level. The following table reflects the cost allocations: Project Section Estimated Cost NRH Watauqa Rufe Snow Drive, Section B. (Fair Meadows to North Park Drive) $277,500 $277,500 Rufe Snow Drive, Section B2 (North Park Drive to Highlawn Terrace) $150,000 $150,000 Rufe Snow Drive, Section C (Highlawn Terrace to Bursey Road) $180,000 * $180,000 * Total Cost $607,500 $607,500 *Includes right-of-way costs. Another option would be to include this project with the "Call for Projects" for the Urban Street Program. If the Regional Transportation Council (RTC) selects this project for funding under the Urban Street Program, then approximately 70% of the cost of the project will be funded through the program. The "City Share" would be approximately 30% and could be split with the City of Watauga. The RTC places certain stipulations on selected projects. For example, the project will need to be designed in accordance to TxDOT standards, This will substantially increase the cost of the project. Also, the section of Rufe Snow Drive beginning at Highlawn Terrace and ending at Bursey Road is not eligible for funding. This section will need to be improved by the City, The following table reflects the estimated cost allocations. Estimated Cost Project Section NRH Watauqa Urban St. Proqram . Rufe Snow Drive, Section 8, $301 ,720 $301,720 $1,241,360 (Fair Meadows to North Park Drive) Rufe Snow Drive, Section 82 $185,165 $185,165 $1,030,770 (North Park Drive to Highlawn Terrace) Rufe Snow Drive, Section C $209,000 $209,000 (not eligible) (Highlawn Terrace to Bursey Road) Total Cost $695,885 $695,885 $2,272,130 Tarrant County cannot participate in projects constructed to TxDOT standards, The table below summarizes the City's cost for this project for all of the funding options, As shown, the option that is the most economical for North Rich/and Hills is the option with County assistance. Estimated Cost Proiect Section NRH Watauqa *Other . North Richland Hills & Watauga $920,000 $920,000 0 Only North Richland Hills & Watauga $607,500 $607,500 $ 625,000 with County Assistance North Richland Hills & Watauga $695,885 $695,885 $2,272,130 with Urban Street Program Funding The submittals for the Urban Street Program are due at the NCTCOG office by 5:00 p.m., April 3, 1998. Below is a list of City projects that are eligible to be considered for funding under the Urban Street Program. 1, Holiday Lane, Section "A 1" (Loop 820 to Lewis Drive) 2, Rufe Snow Drive, Section "B" (Fair Meadows to North Park Drive) 3. Rufe Snow Drive, Section "B2" (North Park Drive to Highlawn Terrace) All or some of these projects are eligible for consideration and can be submitted. Respectfully submitted, . ft4tk C t<¡ M{ke urtis, P,E., CIP Coordinator RMC/smm . . . INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 98-37 \ ~ Date: T Subject: March 23, 1998 Set Date for Goals Setting Meeting When a Goals Setting Meeting was discussed with Council, it was decided that it would be divided into two sessions - one in early 1998 to look at the short-range goals and then to have a follow up meeting in June 1998 after the May Council Elections and that this session would primarily focus on longer range goals. With this in mind I was asked to look at some possible dates to have Lyle Sumek facilitate the meetings. Mr. Sumek suggests that the second session be one and a half days beginning at approximately noon on one day and continuing through all day the second day. I have contacted Mr. Sumek, and to have a Friday and Saturday schedule in June, he has June 19 and 20 and June 26 and 27 available. Garrett Creek Ranch is available for June 19 and 20. If Council chooses June 26 & 27, we will need to find another site. I realize it is somewhat awkward to set a date without two of the future Mayor/Council members being involved, but we do need to get on Mr. Sumek's schedule if we want to have the meeting in June. I would appreciate direction from Council on this matter. Respectfully submitted, Larry J. nningham City Manager LJC/gp ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-40 ""L .);::2' ~~ v .~ Date: Monday, March 23, 1998 Subject: Status Report on the Arcadia Market Plan Analysis On November 24, 1997, Council formally approved an agreement with Arcadia Realty Corporation and authorized City participation in a "market plan analysis" (MPA) on the 333 acres owned by E-Systems Pool Trust. Council also approved Arcadia's plans to engage ZimmermanNolk & Associates, Inc. to prepare the $109,000 MPA. On March 13, I participated in a conference call with Arcadia, ZimmermanNolk and Leland Consulting Group officials and learned the following: .. While ZimmermanNolk & Associates anticipate proposing two project scenarios, their preliminary research quantifies demand for mixed-use developments--as Arcadia first proposed in the November 18 work session. .. Leland Consulting Group--the firm responsible for preparing the "audience generation study" on the proposed development's entertainment core (lake, amphitheatre and recreation center) and uncovering the development's targeted list of businesses-will deliver their data to ZimmermanNolk officials and NRH staff later this month. ZimmermanNolk representatives will immediately begin using Leland's numbers to analyze the two scenarios--and they anticipate having numerous discussions with City staff on the possible "public pieces" like the recreation center. .. Actual results and recommendations of the study will be delivered to the City in a final report in the middle of next month. Thus, City staff members will have an opportunity to review some pieces of the MPA between now and then--and benefit from a week to 10 days to look at the completed study itself--before consultants present it to Council on April 27. You will recall that Arcadia officials estimated the study would take approximately four months to complete. ZimmermanNolk and its associated firms were able to begin in the second week of December--and it appears they have remained on schedule to deliver the results to North Rich/and Hills in mid-April. I look forward to discussing this information with you on March 23. Please call me (581- 5534) if you have any questions before then. ~~~d' Má~i~~r Director of Economic Development ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS · · · INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-41 \'--.~ ~. f) "::c. Date: Monday, March 23, 1998 Subject: Status Report on Trinity Express Railway Funding Dallas Area Rapid Transit (DART) and the Fort Worth Transportation Authority (FWT A) have funds committed for capital costs to extend the Trinity Railway Express commuter rail service (formerly known as RAIL TRAN)--which presently runs from Downtown Dallas to Irving--along the Rock Island Rail line to Downtown Fort Worth. Now the two transit authorities and the North Central Texas Council of Governments (NCTCOG) are studying ways to cover the $9 million in operating costs that are still in question. On February 11, the NCTCOG Regional Transportation Council (RTC) convened the second meeting of the Mid-Cities Rail Task Force--a group whose formation was recommended in NCTCOG's Mobility 2020 regional transportation plan to help resolve this and other rail issues in the Mid-Cities. Mayor Tommy Brown, Councilman (and new RTC Representative) Don Phifer, Larry Cunningham and I attended the meeting on the City's behalf. NCTCOG Transportation Department staff presented several strategies for allocation of the Trinity Railway Express operating costs to the Mid-Cities. I am attaching a table illustrating these options for your review. Members of the Task Force directed NCTCOG staff to work with DART and FWTA to develop a draft interagency agreement that represents a combination of these options. At the RTC meeting on March 12, NCTCOG staff reported that they anticipate bringing a proposed position back to the RTC in April. As presented to us on February 11, North Richland Hills' share of the operating costs could range from as high as $59,000 per year to a net of $O.OO--depending upon whether the proposed option allocates costs by operating expenses or includes a pro rata offset of revenue from the Federal Transit Authority's formula funds. I look forward to presenting this information to you on March 23--and will be pleased to answer any questions you may have between now and then (581-5534). ~~' Marty Wieder Director of Economic Development ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . . :I: .. I- oo~ 000 ~~ D..I- ><~ Wo >u. «0 ~I- :::!C) ~~ > >~ 1-- -:I: ~I- n:::) 1-0 en >- ~.s=;=~ -- en :¡:: - -- c. 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Q) .- s:::: - ~ s:::: (,) 0 "C 0 0 'E .- 0 n. .- - ..., > tn ~ > E a:: s:::: C) -E ~ tn tn "C Q) ..., C) .c: ca c: Q) ca c c. 0 f - "C - - Q) ~ ..., C ~ .c: .- - - - ca f - .- 0 - Q) 0 ca :::s 0 L. ca :::s ~ 0 ... .- oc( m 0 c w u. C) C) :I: :I: - Z a:: ë Q) E 1:: ro Q. Q) o c .Q ro 1:: o Q. m C ro L.. ...... C) o ü ...... ü z Q) e :J o Cf) · CITY RIDERS YEAR 2000 FW T&P 289 9TH STREET 978 HANDLEY -EDERVILLE 821 HURST/BELL 684 SH360 554 GILBERT 519 SOUTH IRVING TC 1,058 MEDICAL MARKET 231 UNION STATION 3,062 TOTAL 8,196 TRINITY RAILWAY EXPRESS DAILY RAIL RIDERS YEAR 2000 I- 2 . " / \~ '"".. \ -"\ --'" \ j \ \ \ \, ..--.---.....-......... -..... '- -'--. :... =========-~ ....-.----....... "" , '\ . ----. ~./ , -...~ '-'---- -....., > > 0 < !z::::l ~ :ñ , ..J en ..... z~ ;¡ ..J Wo: ::::I > 0 ;¡ > >W Z en 0 0: 0 WJ: :i 0 !i: >-¡¡j 0 0: z::::l ..JI- ::::I \11.- Õ 0: :ñ ~- . 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J:§'" >- ID Z ~Sl/) -0& 1:: c :i W :i en~ ~> en ~.- ~u~ a.. ~ ~ -I/) m -I < c: .B c: ._ co..... ~ 0 ~ ..JW ~ffi W :¡:: ft ~¡m 0 - . 0 0 0 ;¡a.. oen a: >< I/) ::: < 0 0 0 a: 0 a.. < W .- 'C CD )C~.. -I/)CD :E I I I I - ~ , CD ~ ~I:" a: - . =.c:i CD \lie. - ctl/)_ Z..CD - ,... - .. - ;. · · · -.1' ," INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-42 ¿~..... n\ \ Y I;" Date: Monday, March 23, 1998 Subject: Request by City of Grapevine to Communicate Support For the Fort Worth & Western Railroad (Tarantula Train) The City of Grapevine's Convention & Visitors Bureau recently requested that North Richland Hills encourage the Dallas Area Rapid Transit Board to select the Fort Worth & Western Railroad (Tarantula Train) to operate the DART/Union Pacific rail lines between downtown Dallas, Carrollton and Piano (see attached). As Grapevine CVB Executive Director P.W. McCallum points out, such an arrangement would expand the Tarantula Train's presence in the Metroplex--bringing even more people (and possibly more frequent Tarantula runs) through our City. In 1997, the Tarantula carried more than 100,000 passengers on the Cotton belt Rail line. The mid-point in the present run between Grapevine and the Fort Worth Stockyards, North Richland Hills is still viewed by Fort Worth & Western officials as a likely location for a future Tarantula Train "whistle stop". NRH has the longest stretch of rail among any Northeast Tarrant City on the run. DART's selection of the Fort Worth & Western Railroad as their "operator of choice" would also allow the company to switch freight for those communities--something it presently does for a number of North Richland Hills businesses. It is unknown, however, whether the tie with Union Pacific would increase the amount of freight on the Cottonbelt. I look forward to discussing Grapevine's request with you on March 23. If you have questions before then, please call me at 581-5534. ~t submitted, Marty Wied~ Director of Economic Development ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS j ~ ,GRAEEVlj-E ~ -.-' .' ~.....:: . February 26, 1998 Dear DFWATC Member: Enclosed is a sample letter for your perusal to add support to the Fort Worth & Western RailroadlTarantula in seeking Dart Board approval to operate the DART/Union Pacific rAil lines between and downtown Dallas. Carrollton and Piano, Tarantula is a major year round attraction in the metroplex annually carrying over 100,000 passengers, This is a great opportunity to expand this attraction and to spread out the economic impact throughout a larger portion of the metroplex. The attached list shows all of the DART Board members and I will ask that you contact your DART Board representative, expanding on your knowledge of tourism and request they select the For: Worth & WesternlTarantula as the operator of choice, . If you have any questions, please call me at (817) 410-3135, Sincerely, , ~:--,-" : I '. ;' / .l " -'--;f-..; I I, f ' , 1_ ._.---C::_~..4,...-.- :\_..j .............- . ....~,-,. ~.....-' ./ Paul \^J, McCallum Executive Director . CO\VE\TIO\ &: VISITORS BUREAU W1711¡O,31R5 THE CITY OF GRAPEVI:\E ,":'-~~~~~./c., One Liberty Park Plaza (800\ -+5ì,6338 Grapevine, Texas 7ó051,53ì-l FA '( I R 1 -:- I ,I ¡ () ,) ()~ g · · · SAMPLE Dear DART Board Member: It is my understanding that the Union Pacific is going to accept a bid from Railtex on the switching over DART owned rail lines between Plana, Carrollton and downtown Dallas. Fort Worth & Western Railroad and their steam passenger train excursion service (Tarantula) also made a bid to Union Pacific, In addition to switching freight, this bid includes operating a passenger excursion service and upgrading the DART owned tracks to allow for such passenger rail service, According to the terms of the DART-Union Pacific sale contract the DART Board has the right to match any bonafide offer with an operator of their own choosing I would encourage the DART Board to select the Fort Worth & Western to be their operator of choice over the trackage that is in question Not only would this boost the amount of DART owned rail that is being utilized for passenger service, but, would also give Dallas County an added tOUrist attraction through a regularly scheduled passenger train excursion service, Passenger excursion train service has a real economic benefit to the areas it serves For example, the economic Impact in 1997 to the Grapevine and Fort Worth historic districts was over 3 million dollars in direct spending from 100,000 plus passengers Given that the trackage that Fort Worth & Western is requesting to service covers a larger area than their existing service, It is reasonable to expect that the economic impact will be greater, Please deny the Union Pacific's request for Railtex and select the Fort Worth & WesternlTarantula as your operator of choice Respectfully, " J · · · City of Dallas John De La Garza Jr. 7603 Chevy Chase Ave, Dallas, TX 75225 Arthur Hollingsworth 9914 Silver Creek Rd, Dallas, TX 75243 Jesse D. Olivier 8810 Bruton Rd, Dallas, TX 75217 Billy Ratcliff 6324 Everglade Rd. Dallas, TX 75227 Maxine T. Reese- Dallas Area Rapid Transit PO Box 660163 Dallas, TX 75266-7200 Marcos G. Ronquillo 750 N, St. Paul Dallas, TX 75201 W, Richard Watkins 719 Valley View Road Dallas, TX 75137 Der~k Wirgau 831'1 Deep Green Dallas, TX 75249 Citv of Garland Jerry Russell 9696 Skillman Dallas, TX 75243 DALLAS AREA RAPID TRANSIT BOARD MEMBERSHIP I . . . City of Irvinq Norma Stanton 500 W. Shady Grove Rd. Irving, TX 75060 City of Piano Robert W. Pope 4011 W. Piano Parkway Piano, TX 75093 Cities of Addison, HiQhland Park, Richardson, University Park Raymond D. Noah 100 N. Central, #1205 Richardson, TX 75080 Cities of Carrollton and Irvinq William T. Criswell Dallas Area Rapid Transit PO Box 660163 Dallas, TX 75266-7200 Cities of Dallas, Piano, Glenn HeiQhts, Cockrell Hill Philip J. Ritter 8610 Southwestern Blvd. Cockrell Hill, TX 75206 Cities of Farmers Branch, Garland, Rowlette Matk Enoch 2200 One Galleria Tower 13355 Noel Rd. Dallas, TX 75240 . . . t;;f INFORMAL REPORT TO MAYOR AND CITY COUNCIL March 23, 1998 N IR 98-46 o. \)~. --==='" P",. Date: Subject: Environmental Protection Agency (EPA) Administrative Order (AO,) for Wastewater System Rehabilitation The City has not received the AO, from the EPA ordering us to accomplish the rehabilitation work outlined in our Sanitary Sewer Evaluation Study (SSES) recently submitted, but it should be received soon, A Carter & Burgess, Inc, engineer spoke with Mr. John Stacy of the EPA on March 17, 1998 and was advised that the EPA was going to approve what had been submitted by the City. Mr, Stacy also advised that it would be another two to four weeks before we received the written order, but that we should go ahead and proceed with what we had submitted, At the direction of the City Manager's office, Public Works has been in negotiations with Carter & Burgess, Inc. for engineering services to design the Priority One and Two rehabilitation projects. These projects will need to be constructed within the next five years. Since Carter & Burgess, Inc, has been associated with this issue from the beginning, staff feels they have the best understanding of what will need to be done and how quickly. It is our opinion they will be able to offer us some reductions in cost for their services due to this familiarity with the study, Staff has been pleased with the services provided by Carter & Burgess, Inc. to date. In order to expedite this project and for the reasons stated above, we will continue to negotiate with Carter & Burgess, Inc. We hope to bring you an engineering contract for your approval soon. Respectfully submitted, GWD/smm ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS NRH C1TV Of NORTH R1CHLAWD H1lLS l'ROClAMAT10~ WH£R£AS. th¢ Ammc~,., R¢b Cro.. kM '¢Y'V¢b O\W comm1mihi b\i provibmS mfom1~tiOt1. tr~mms ~,.,b Mf1ftAt1C¢ to mbivibw~l. ~,.,b f~mi1i¢. for th¢ pMt 81 '1un: ~,.,b WH£R£AS. th¢ R¢b Croff i. ~ 1¢~bmS vohmQ1"1 ~smC\i m¢d1t1S th¢ ,.,¢¢b. of mbivibw~l. ~,.,b f~mili¢. ~ff¢ct¢b b\i p¢NOt1~1 Øt1ø-smd¢. ~,.,b bi.Mta-: ~,.,b WH£R£AS. th¢ R¢b Cross i. b¢fiS~t¢b b\i th¢ V,.,it¢b S~t¢. COt1sr¢ff M th¢ lub vokm~r\i ~smC\i r¢spOt1f1bl¢ for ~ti~1 ~,.,b m~ti~1 r¢1id m tim¢ of puc¢ ~,.,b to ~1'I'bi th¢ .~m¢ m mitis~t'h1s th¢ Nffm,.,S' C~\ff¢b b\i p¢fti1mc¢. f~mm¢. flN. tloob.. ~,.,b othø- srut ~ti~1 c~l~m,ti¢.. ~,.,b to bm.¢ ~,.,b C~1T\1 0t1 m¢~nw¢. for pr4Wmt'h1s th¢ .~m¢: ~,.,b WH£R£AS. th¢ R¢b CrOff kM tr~m¢b tho\f.~"'b. b1 our comm1mff'1 b1 ¢ffmti~1 .ki11. f\fck M flm ~ib ~,.,b CPR. ~,.,b provib¢b H1V / AtDS pr4Wmtiot1 ¢bwc~tiot1 ~,.,b bi.~st¢r pr¢p~r¢tm¢ff b1fom1~tiOt1. .~vb1S 1mtolb ,.,umbø-s of1iv¢s: ~,.,b WH£R£AS. "S~f¢ f ~mi1i¢s: Rub\t for AmØtmS" ¢XØt1p1ifl¢s th¢ pr¢p~r~tiOt1 ~,.,b k¢1p th¢ f~mi1i¢. m our comm1mihi k~v¢ com¢ to ¢Xp¢ct ~,.,b ~ppr¢d~t¢ from th¢ R¢b Cro.s: ~,.,b WH£R£AS. th¢ R¢b Cro.. i. r¢cos,.,,%¢b M th¢ 1¢~b vol1m~r\i ~smC\i to k¢1p f~mi1i¢. pr¢p~r¢ for ~ bi.Mtø- ~,.,b for tr~mms f~mi1i¢. b1 -Am ~'b. CPR. ~,.,b H1V / AlDS pr4WmtiOt1 ¢bwc~tiOt1. NOW. TH£R£fOR£. 1. T omm'1 BrOwt1. ~'1or of th¢ Cihi ofNortk Rkkl~,.,b HiD. 1)0 k¢r¢b\i prod~im M~rck 1998. M: '"SAfE f AMItIES: READY fOR ANYTHING MONTH" b1 th¢ Cihi ofNortk Rickl~"'b HiDs ~,.,b urs¢ O\W comm1mff'1 to ~ckJ1OW1¢bS¢ th¢ ot1sOÏt1s COt1tributiOt1 of th¢ R¢b Cro.. m kdpms our f~mi1i¢s throuskom th¢ '1ur ~,.,b jo'''' m thi. mOt1th of r¢co ,.,itiOt1. 1N W1TN£SS WH£1t£Of. 1 k~v¢ kø-nmto så m'1 k~"'b ~,.,b C~\f.¢b th¢ suI of th¢ 'ihi ofNortk Rickl~,.,b HiDs to b¢ ~fflx¢b this th¢ 16th b~'1 of J~"'\f~r\i. 1998. ~~~ T omm'1 Dr M~'1or e e e MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICH LAND HILLS, TEXAS HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - FEBRUARY 23,1998 - 6:00 P.M. Present: Tommy Brown Byron Sibbet Mack Garvin Frank Metts, Jr. JoAnn Johnson Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Patricia Hutson Rex McEntire Greg Dickens Barry LeBaron Larry Koonce Terry Kinzie Marty Wieder Andy Jones Richard Albin Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilwoman City Manager Deputy City Manager City Secretary Attorney Public Works Director Planning/Inspection Director Finance Director Information Services Director Economic Development Director Fire Chief Knowlton English Flowers Absent: Lyle E. Welch Don Phifer Councilman Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Brown called the Pre-Council meeting to order at 6:00 p.m. PRESENTATION Staff advised that Mr. Bill Hanley, KPMG Peat NAN OF 1996-97 Marwick, who is to present the Audited AUDITED Financial Report, was not present. The FINANCIAL Finance Director reported on the year end REPORT Fund Balances for all of the major funds. There were no questions from the Council. e e e Pre-Council Minutes February 23, 1998 Page 2 ITEM DISCUSSION ASSIGNMENT APPROVAL OF Staff reviewed the information presented to the MARTY/LARRY K. REVISED Council at the February 9 Pre-Council Meeting. MACKEY CREEK The consensus at the February 9 meeting was PROJECT FOR to bring to an action item to the Council for INCLUSION IN FY revision of the Mackey Creek Channel 1997/98 CIP Improvements Project and place it into the CIP BUDGET & Program. The preferred option for dealing with RESOLUTION the drainage was a north channel, to extend COMMUNICA TING east/west across the Richland Plaza parking CITY'S INTENT TO lot under Richland Plaza Drive and across FORM RICH LAND B.I.S.D. property to Big Fossil Creek. Staff is PLAZA TAX also recommending moving the project into the INCREMENT current fiscal year so that bonds can be sold in FINANCING April. There were questions from the Council DISTRICT - concerning the commitment of Ranchview RESOLUTION NO. Investments, and concerns if the other taxing 98-10 entities did not approve the TIF. Staff advised B.I.S.D. had been positive and would be discussing the matter Thursday with their Board. The resolution is an expression of Council's willingness to form a TIF. ENDORSING THE Staff explained the reformulated gasoline MARTY DALLAS/FORT program and the resolution endorsing WORTH continued participation in the program. There REGION'S were no questions from the Council. CONTINUED PARTICIPATION IN THE FEDERAL REFORMULA TED GASOLINE PROGRAM APPROVAL OF The Finance Director advised that since 1992 LARRY K. TELEMETRIC the City has been replacing the older standard METER water meters with telemetric meters. There PROGRAM - are approximately 9,500 meters left to replace. ORDINANCE NO. He explained the program and the benefits to 2281 the City to replace the remaining older meters in nnp. vp.~r e e e Pre-Council Minutes February 23, 1998 Page 3 I ITEM I DISCUSSION I ASSIGNMENT I DISCUSS OTHER Agenda Item No. 10, PS 97-62 - BARRY/RANDY REGULAR Councilwoman Lyman expressed concerns on AGENDA ITEMS the maintenance of the alley. Staff advised they would like for Council to authorize them to explore options to eliminate the alley. Staff would like to consider giving the property to the adjacent property owners, either all of the residential property owners or all of the commercial property owners. The consensus of the Council was for Staff to pursue options to eliminate or abandon the alley, and to bring recommendations back to the Council for their consideration. Agenda Item No.9, PS 97-62 - There was PATRICIA considerable discussion by the Council concerning the need for the State Plane Coordinates, and whether the City should require the property owner to provide the coordinates. The Council did not reach a consensus, and Mayor Brown advised Council they should continue their discussion at the regular meeting. Agenda Item No. 17, GN 98-21 - Councilman NAN Metts questioned whether an earthen channel would be consistent with past actions of the Council. He was concerned that Staffs recommendation was for concrete channels and Council was compromising down and approving earthen channels. e e - Pre-Council Minutes February 23, 1998 Page 4 ITEM DISCUSSION ASSIGNMENT DISCUSSION OF Councilwoman Johnson was concerned about NAN CARPORT the number of sign and carport variances ORDINANCES coming before the Zoning Board of Adjustment. She questioned whether the ordinances needed to be reviewed and revised to alleviate some of the requests being brought before the Zoning Board of Adjustment. Staff advised that in the future the Zoning Board of Adjustment will be holding a second monthly meeting if more than five applications are submitted. Councilwoman Lyman requested that at a future Pre-Council Meeting, an item be placed on the agenda to discuss the Zoning Board of Adjustment. The City Manager was asked to forward to the Council a packet of information Councilwoman Lyman had received at a recent conference concerning this. There was discussion on the number and types of variances, the consistency of the Board's actions, and whether the actions of the Zoning Board of Adjustment were violating the integrity of City ordinances. Councilwomen Johnson and Lyman favored discussing this further at a future meeting. The Council did not reach a consensus. DISCUSS Councilwoman Johnson advised that Mr. David BARRY/RANDY REQUEST OF Barfield had submitted a request regarding the REPLACEMENT replacement of wooden fences along major OF WOODEN streets. Mr. Barfield would like for the City to FENCES ALONG put a policy in place to budget money each MAJOR STREETS year to replace the old wooden fences with masonry screening walls on major thoroughfares. Councilman Garvin felt the Council should discuss the concept further and recommended placing it on a workshop agenda. - e e Pre-Council Minutes February 23, 1998 Page 5 ITEM DISCUSSION ASSIGNMENT DISCUSS The Economic Development Director explained MARTY/LARRY C. CREATION OF the purpose of the committee. The consensus ECONOMIC of the Council was for Staff to proceed and DEVELOPMENT prepare an Ordinance for Council's approval. ADVISORY Councilwoman Lyman recommended that the COMMITTEE appointees to the Committee be submitted by Staff and Council take action on Staff's recommended appointments. ADJOURNMENT Mayor Brown announced at 6:56 p.m. that the NAN TO EXECUTIVE Council would adjourn to Executive Session for SESSION consultation with the City Attorney, and for deliberation regarding real property in accordance with the authority contained in the Government Code Sections 551.071 and 551.052. OTHER The City Manager advised that C.A. Sanford's NAN INFORMA TIONAL Retirement Reception would be April 3 from ITEMS 6:00 to 8:00 p.m. at the Iron Horse Club House. The City Manager advised that the bond rating NAN trip to New York was scheduled for April 9 and 10. In the past the Mayor and two members of the Council attended the meeting. If any of the Council members are interested in attending, they are to advise Mayor Brown or the City Manager. ADJOURNMENT Mayor Brown adjourned the meeting at 7:21 p.m. ATTEST: Tommy Brown - Mayor Patricia Hutson - City Secretary e e . MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - FEBRUARY 23,1997 -7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order February 23, 1997 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mack Garvin Frank Metts, Jr. JoAnn Johnson Byron Sibbet Cheryl Cowen Lyman Mayor Councilman Councilman Councilwoman Mayor Pro Tem Councilwoman Staff: Larry Cunningham Randy Shiflet Patricia Hutson Rex McEntire Greg Dickens City Manager Deputy City Manager City Secretary Attorney City Engineer Absent: Lyle E. Welch Don Phifer Councilman Councilman 2. INVOCATION Mayor Pro Tem Sibbet gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. IR 98-26 - SPECIAL PRESENTATIONS A. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE COMPREHENSIVE ANNUAL FINANCIAL REPORT ENDING SEPTEMBER 30, 1996 City Council Minutes February 23, 1998 Page 2 e Mr. Larry Koonce, Director of Finance, introduced Fred Werner, Past President of the Government Finance Office Association of Texas. Mr. Werner presented the Certificate of Achievement in Excellence in Financial Reporting to the Mayor for the 14th consecutive year. Mr. Koonce introduced several representatives of the Finance staff. Mr. Koonce recognized Ms. Jackie Theriot, Accounting Manager and presented her with the certificate. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (7, 8, 15, 16, 20, 21, 22, 23, & 24) APPROVED It Councilman Metts moved, seconded by Councilwoman Johnson, to approve the Consent Agenda. Motion carried 5-0. *7. MINUTES OF THE PRE-COUNCIL MEETING FEBRUARY 9, 1998 APPROVED *8. MINUTES OF THE REGULAR MEETING FEBRUARY 9, 1998 APPROVED City Council Minutes February 23, 1998 Page 3 e 9. PS 97-61 - REQUEST FOR RECONSIDERATION OF REPLA T REQUIREMENT FOR STATE PLANE COORDINATES (G.P.S.) ON LOT 3R-1-BR, BLOCK 1, MARTIN ADDITION APPROVED Mayor Pro Tem Sibbet moved, seconded by Councilman Garvin, to approve PS 97-61. Motion carried 5-0. 10. PS 97-62 - REQUEST OF GAYLORD VAN Y AND MARCUS CABLE FOR A REPLA T TO BE KNOWN AS LOTS 1 & 2, BLOCK H, RICHLAND OAKS ADDITION. (LOCATED IN THE 8100 BLOCK OF GRAPEVINE HIGHWAY) APPROVED Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PS 97- 62. e Motion carried 5-0. 11. GN 98-15 - REQUEST OF DONALD PENTECOST TO WAIVE MOWING LIENS ON LOTS 1 & 2, BLOCK 37 , HOLIDAY NORTH ADDITION (LOCATED IN THE 5700 BLOCK OF HOLIDAY LANE) APPROVED City Manager Cunningham explained the request to the Council. Staff recommends that the Council waive the interest, but ask the Pentecosts to pay the direct cost for the mowing. Councilman Metts moved, seconded by Councilman Garvin, to waive the entire amount, in light of the fact that they have been so cooperative in the past in granting the right of way far in excess of this amount. Councilwoman Johnson asked for an explanation of the charges. Councilman Metts waived the entire amount, including interest. e Mayor Pro Tem Sibbet disagreed with the zeroing out of the money. . e . City Council Minutes February 23, 1998 Page 4 Motion carried 5-0. 12. GN 98-16 - PRESENTATION OF 1996-97 AUDITED FINANCIAL REPORT APPROVED Mr. Larry Koonce, Finance Director, showed the 1996/97 Fund Balances to the Council. Mr. Koonce presented the 1996/97 Comprehensive Annual Financial Report Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve GN 98-16. Motion carried 5-0. 13. GN 98-17 - APPROVAL OF REVISED MACKEY CREEK PROJECT FOR INCLUSION IN FY 1997/98 CIP BUDGET APPROVED Mayor Pro Tem Sibbet moved, seconded by Councilwoman Johnson, to approve GN 98-17. Motion carried 5-0. 14. GN 98-18 - RESOLUTION COMMUNICATING CITY'S INTENT TO FORM THE RICH LAND PLAZA TAX INCREMENT FINANCING DISTRICT - RESOLUTION NO. 98-10 APPROVED Mayor Pro Tem Sibbet moved, seconded by Councilman Metts, to approve GN 98-18. Motion carried 5-0. e fa . City Council Minutes February 23, 1998 Page 5 *15. GN 98-19 - ENDORSING THE DALLAS/FORT WORTH REGION'S CONTINUED PARTICIPATION IN THE FEDERAL REFORMULATED GASOLINE PROGRAM - RESOLUTION NO. 98-09 APPROVED *16. GN 98-20 - APPROVE LETTER AGREEMENT NO.6 CONCERNING WA TAUGA JOINT USE AGREEMENT, SECTION 6.2, SUBTRACTION METERS APPROVED 17. GN 98-21 - REQUEST BY TORCH HEALTH CARE, INC. FOR A WAIVER OF THE CONCRETE CHANNEL REQUIREMENT PER REPLA T FOR LOT 3R, BLOCK 1, WALKER BRANCH ADDITION (PS 97-43) APPROVED Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve GN 98-21 . Motion carried 5-0. 18. GN 98-22 - APPROVAL FOR TARRANT APPRAISAL DISTRICT TO PURCHASE REAL PROPERTY AND CONSTRUCT AN OFFICE FACILlTY- RESOLUTION NO. 98-11 APPROVED Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve GN 98-22. Motion carried 5-0. e . . City Council Minutes February 23, 1998 Page 6 19. GN 98-23 - APPROVAL OF SANITARY SEWER SURCHARGE - ORDINANCE NO. 2282 APPROVED City Manager Cunningham explained the history of the Sewer System Evaluation and the Administrative Order. He explained the financing options for the improvements and the success of the meeting with the EPA. He further explained that Ordinance No. 2282 increases the sanitary sewer surcharge which is necessary to pay for the $3.2 million improvements to be made over the next five years. Staff recommends the Council approve the financing for this and the ordinance which would increase the residential charge by $1.39 a month and the sliding scale on the commercial, multi-family and industrial customers based on connection. Mayor Pro Tem Sibbet moved, seconded by Councilman Metts, to approve GN 98-23. Motion carried 5-0. *20. GN 98-25 - APPROVAL OF TELEMETRIC METER PROGRAM - ORDINANCE NO. 2281 APPROVED *21. PU 98-14 - AWARD BID FOR INSTALLATION OF FIBER OPTIC WIDE AREA NETWORK (WAN) TO MATSON BUILDERS IN AN AMOUNT NOT TO EXCEED $405,407 AND TO CAPCO FOR BAY NETWORKS COMMUNICATION HARDWARE IN AN AMOUNT NOT TO EXCEED $106,450 (POSTPONED AT THE FEBRUARY 9, 1998 CITY COUNCIL MEETING) APPROVED *22. PU 98-18 - AWARD ANNUAL CONTRACT TO HEWLETT PACKARD FOR MAINTENANCE ON GIS SYSTEM IN THE AMOUNT OF $5,976 APPROVED 4 e e . City Council Minutes February 23, 1998 Page 7 *23. PU 98-19 - CONTRACT RENEWAL FOR MOWING OF RIGHTS-OF-WA YS WITH CUTTING EDGE APPROVED *24. PU 98-20 - AWARD BID TO CAPCO IN THE AMOUNT OF $5,808 FOR BAY NETWORKS EQUIPMENT USING DIR PRICING APPROVED 25. CITIZENS PRESENTATION Mayor Brown asked anyone wishing to address the Council to come forward. Ms. Judy Shaw, 5575 Davis Blvd, encouraged the city to reconsider their relationship with the Northeast Tarrant Chamber of Commerce. She felt the relationship has helped each other out for quite a long time. She further feels the Chamber has been beneficial to the city and it is one way the city can acknowledge business people in the community and offer support. 26. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary " CITY 0 F NORTH RICHLAND HILLS D rt t Planning & Inspections epa men: Council Meeting Date: 3/23/98 Subject: Public Hearing to Consider Amending the Zoning Ordinance tOAgenda Number: PZ 97-47 Establish Regulations for HUD Code Manufactured Housing And Mobile Homes. Ordinance No. 2274 The City of NRH does not currently have any regulations governing manufactured housing or mobile homes. According to laws established by the state, without any regulations, HUD Code Manufactured Housing or mobile homes can locate virtually anywhere in the community where other single-family dwellings are permitted, The State of Texas defines HUD Code Manufactured Homes as being constructed after 1976 and Mobile Homes as being constructed before 1976. Each dwelling unit type is specifically defined. State law indicates that a municipality can preclude mobile homes from locating in the City. Manufactured housing is recognized by the State as a viable dwelling unit. Consequently, a municipality cannot preclude HUD Code Manufactured Homes from locating in the City but can determine the location of these through zoning. The following ordinance establishes regulations that govern the location, lot sizes, development standards for HUD Code Manufactured Housing while prohibiting mobile homes from the City in the future. This proposed ordinance contains regulations for the placement and development standards for individual HUD Code Manufactured housing and states that a manufactured housing park shall be eve loped as a Planned Development. This approach gives the Planning & Zoning Commission and the City Council site plan approval over manufactured housing parks, The Planning & Zoning Commission considered this item at its February 12, 1998 meeting. It was tabled to allow staff to reword parts of the ordinance and was reconsidered at the February 26, 1998 meeting, where they recommended approval. To date, staff has not received any comments. RECOMMENDA TION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ _Other "I Aeet. Number Sufficient Funds Available ---v~ ~ ignature CITY COUNCIL ACTION IT Finance Director Page 1 of e Vice airman Davis asked if anyone had any questions or comments r this iss since it does abut residential property. There were none. g e Mr. Bowen d that he wished there were a way a resolu . regarding the a He would like to see it abandoned screening fence stì be required. be made es a masonry- Mr. LeBaron stated that recommended that the alley made, staff er, the applicant was reluctant platting process considerably. roblem with abandoning the alley, Much discussion ensued re requirements. nd masonry screening wall Mr. Barfield made requirements: c that the wat along the easem on to approve PS 97-6 . h the following Ion of the sidewalks, require asonry screening fence, Lot 1 be constructed at the time 'Iding permit is issued operty line with that notation on the plat, that the access early indicated on the plat. d seconded the motion and it carried 6 - O. Messrs. Ba Id, Wood, " Nehring, Ferguson and Bowen voted in favor of this request. 6. PZ 97-47 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR HUD CODE MANUFACTURED HOUSING AND MOBILE HOMES. ORDINANCE NO. 2274 TABLED Vice-Chairman Davis opened the public hearing and asked staff for an introd uction. e Mr. LeBaron explained that in researching some legal references from the Texas Municipal League, it was discovered that the City needed to establish regulations for manufactured housing in NRH. This ordinance was drafted based on state statutes. A minimum lot area of 6,000 square feet and a lot width of 90' and a depth of 65' is proposed. By establishing these regulations, the citizen is given the opportunity to apply for a zoning district that does not currently exist and, it allows city staff to be consistent with case laws and state statues regarding manufactured housing. Page 3 Chairman Davis called for any proponents. Seeing none, he called for any e opponents. Seeing none, the public hearing was closed. Responding to a question, Mr. Dryden stated that no state regulations exist regarding the minimum square footage in manufactured housing areas and that could be considered a policy issue. The 800 square feet indicated in the ordinance can be increased, as the Commission would so desire. Mr. Bowen believes that 800 square feet is too small and would prefer to see the minimum square footage increased. Mr. Davis stated that this particular draft ordinance doesn't reflect a minimum area of the district, he would like to see one established, possibly 4 - 5 acres; he also would like to see some form of site plan approval required that would indicate landscaping, common areas, access, screening walls and fencing. Mr. Barfield stated that if this is going to be established he believes the masonry screening wall requirement should be the same as in commercial districts. Additionally, he would like to see them only allowed along major collectors. He doesn't want to see them along back streets. e Mr. Wood made the motion to table PZ 97-47 to allow staff to rewrite the ordinance incorporating the Commissioners desires. Mr. Nehring seconded the motion and it carried 6 - O. Messrs. Wood, Nehring, Davis, Barfield, Ferguson and Bowen were in favor of this request. Mr. Barfield asked that staff include the same requirements for accessory buildings as are in residential districts currently. 7. PZ 98-01 PUBLIC HEARING TO CONSIDER THE REQUEST OF BOB FRANK TO AMEND PLANNED DEVELOPMENT NO. 22 REGARDING FRONT ENTRY GARAGES FOR MEADOW LAKES VILLAS. ORDINANCE NO. 2272 (LOCATED AT THE WEST END OF IRON HORSE DRIVE) APPROVED Vice-Chairman opened the public hearing and asked staff for an introduction. e Mr. LeBaron explained that in 1996 the city approved a Planned Development on the west side of Iron Horse Golf Course for a gated community. The subdivision was platted for 47 lots. In the Planned Development the Commissioners were very specific about trying to limit the number of front entry garages that would be Page 4 - of the property, an Block 15. Mr. Bowen s ed the motion and it car - O. Messrs. Davis, Bowen, , ehring, Barfield, Wood & Miller voted in f this request. 6. PZ 97-47 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR HUD CODE MANUFACTURED HOUSING AND MOBILE HOMES. ORDINANCE NO. 2274, TABLED 2/12/98 APPROVED Mr. LeBaron explained that this item was tabled at the previous meeting. Staff has redrafted and incorporated changes in the ordinance. Minimum dwelling unit size was increased and requirements for masonry-screening walls, site plan review and a four-acre minimum district have been incorporated. Mr. Wood made the motion to approve PZ 97-47. e Mr. Ferguson seconded the motion and it carried 7 - O. Messrs. Wood, Ferguson, Davis, Nehring, Barfield, Bowen and Miller were in favor of this req uest. e 7. PZ 98-05 BLlC HEARING TO CONSIDER THE REQUEST OF KENT DA VI REZO A PORTION OF LOT 3R1-BR, BLOCK 1, MARTIN ADDIT FROM AG AGR L TURAL TO R-2 RESIDENTIAL. (LOCATED AT NOB HILL DRIVE) ORDINANCE NO. 2276 APPROVED Chairman Barfield explal that due to a confli abstaining from discussion a voting on thi . m. Vice-Chairman Davis ened the public hearing a ed for any opponents. ,9216 Amundson Road, stated that he wanted to this property would be directed onto his property. Page 3 e 7. PZ 97-47 CONSIDER AMENDING THE RECOMMENDATION TO CITY COUNCIL REGARDING THE HUD CODE MANUFACTURED HOUSING ORDINANCE. ORDINANCE NO. 2274 APPROVED Mr. LeBaron explained that at the February 26, 1998 meeting the Commission made a recommendation to the Council regarding the adoption of a manufactured housing ordinance. Shortly after that meeting staff had conversations with some representatives from the manufactured housing industry that offered comments regarding the ordinance. They suggested that we might be proposing forward an ordinance that might not be enforceable or may prevent development all together; their suggestions were that we flip the lot width and depth issues. The ordinance, as passed February 26, had the lot being much wider on the frontage of the street and shallower from the street. They believed this would most likely conflict the type of developments that are naturally occurring, which is the width of the lots would be narrower and the lots are deeper. e It is before the Commission tonight for their consideration on the amendment of these lot widths and depths. The Commissioners stated that they would like to see an additional amendment made to control skirting around these type homes. Mr. Miller made the motion to approve PZ 97-47 with a lot width of 60' minimum at the building line and a minimum lot depth of 90'; also that skirting shall not be galvanized, corrugated metal or wood. Mr. Nehring seconded the motion and it carried 4 - O. Messrs. Miller, Nehring, Ferguson and Barfield were in favor of this request. There were none. e Page 5 - 3/12/98 . e . ~ - ORDINANCE NO. 2274 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, TO ESTABLISH REGULATIONS FOR HUD CODE MANUFACTURED HOMES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has determined the need to establish regulations for HUD Code Manufactured Homes; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Article 3, Section 300, District Classifications, be hereby amended to insert MH-1; HUD Code Manufactured Home as a Base District. 2. THAT, Article 3, Section 310, Table of Permitted Uses, be hereby amended to insert the following: a. HUD Code Manufactured Home is an allowed use by right in the MH-1 District; 3. THAT, Article 4, Primary District Regulations, is hereby amended to insert the following: Section 425. MH-1, HUD CODE MANUFACTURED HOME DISTRICT A. Purpose MH-1 HUD Code Manufactured Home District is intended to provide areas for moderately high density development of HUD Code Manufactured Homes which are constructed to a standard recognized by the Texas Manufactured Housing Standards Act (Article 5221 f, Vernon's Annotated Civil Statutes) at an approximate density of 5.4 units per acre. 8, Permitted Uses Uses permitted within these districts are provided in Section 310, Table of Permitted Uses, C. Lot and Area Requirements The following lot and area requirements shall be required of all development located within the MH-1 District. Ord, 2274 e Table 4-3 Lot and Area Requirements Description MH-1 -- 1, Minimum Area of District 2, Minimum Lot Area 3, Minimum Lot Wdth 4, 'Minimum Lot Depth 5, Minimum Dwelling Unit Size 6, Minimum Front Building Line 7, Minimum Side Building Line 8, Minimum Rear Building Line 9, . Maximum Structure Height 4 Acres 6,000 sJ, 60 ft, 90 ft, 1 ,300 sJ, 20 ft, 10&6 --.-- 10 ft, ----- 18 ft, ---~ 10, Rear Yard Open Space Area 20% of Lot Area D. Site Plan: Any and all proposed development in the MH-1 District must submit a site plan for review by the Planning and Zoning Commission and the City Council. Said site plan shall comply with the requirements of Section 510, Site Plan Requirements, and indicate landscalJinQ, common areas, access, screeninQ walls and fences. No permits for any development will be issued until said site plan is approved. . E. General Conditions: The following general conditions shall be required of all development located within the MH-1 District: 1. Fences: See Article 10, Landscaping, Buffering, and Screening Regulations, 2. Parking: See Article 8, Parking and Loading Requirements. 3. Accessory BuildinQs: See Article 6, Section 600, for accessory building regulations. 4. Customary Home Occupations: See Article 6, Section 600, for customary home occupation regulations. 5. Garaqe Entry Requirement: None 6. Masonry Requirement: None 7. Skirtinq: Each HUD Code Manufactured home shall be skirted before occupancy is authorized by the Building Official. Skirting shall not be wooden or galvanized corrugated metal. Skirting material must be painted or of a masonry surface. 8. Towinq Devices: All towing devices, such as tongues, shall be screened from view, e Ord, 2274 2 e . e 9. Landscaping Requirement: None required for an individual lot. A deve/oøment containing two or more HUD Code Manufactured Homes shall comølv with the landscaøinQ requirements contained in Article 10, Section 1000, Landscaøing ReQulations. 10. Porches and Decks: Uncovered porches, steps, and decks no larger than 30 square feet may encroach a maximum of 5 feet into the front building line. 11. Foundation: Each HUD Code Manufactured Home shall be installed according the Texas Manufactured Housing Code and manufacturer's specifications, 12, Additional Requirements: a. HUD Code Manufactured Home design and construction will comply with the construction and safety standards published by the Department of Housing and Urban Development pursuant to the requirements of the National Mobile Home and Safety Standards Act of 1974 and the Texas Manufactured Housing Code. b. Mobile homes shall not be permitted in the MH-1 District c. Data and Information Plate. A data and information plate as required by state regulations shall be affixed to the structure or its components prior to assembly on site. 4. THAT, Article 11, Section 1100, Definitions, be hereby amended to insert the following: a) HUD Code Manufactured Home - A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g). b) Manufactured Housing or Manufactured Home - A HUD Code Manufactured Home or a mobile home collectively means and refers to both. c) Mobile Home - A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or Ord, 2274 3 more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, e and includes the plumbing, heating, air conditioning, and electrical system. d) Mobile Home Park - A mobile home park is any premises on which two (2) or more mobile homes are used as a dwelling unit, or held out for the purpose of supplying to the public a parking space for two (2) or more mobile homes, whether such vehicles stand on wheels or on rigid supports, A trailer park is a mobile home park. 5. THAT, Appendix F, Schedule of Minimum Number of Parking Spaces, be hereby amended to insert the following: 1. Residential g. HUD Code Manufactured Home; 2 spaces for each dwelling unit; parking spaces shall be located behind the front building line. 6. THAT, Article 6, Section 600, G,4 be hereby amended to insert the following: e b. A single carport not exceeding 450 square feet, open on all sides, may be allowed in the MH-1 District with a minimum side yard of 2 feet and shall be situated behind the building line. 7. THA T, Article 10, Section 1000. C1 be hereby amended to read as follows: 1. The standards contained in this Section are considered the minimum standards and shall apply to the followinq zoning districts: MH1 (when containinq two or more dwellinq units); R-7-MF Multi-family District; 0-1 Office District; LR Local Retail District; C-1 Commercial District; C-2 Commercial District; OC Outdoor Commercial District; 1-1 Light Industrial District; 1-2 Medium Industrial District; and U School. Church, and Institutional District. Aqricultural uses and sinq/e-family and two family residences and their accessory buildinqs shall be exempt from the requirements of this Section. 8. THAT, Article 10, Landscaping, Buffering, and Screening Regulations, Section 1020 Screening Walls be hereby amended to insert the following: 6. MH-1 District: Perimeter screening abutting public street right-of-way, parks, or any other residential district. e D. Table of District Screening Requirements: Amend table 10-F to insert the MH-1 Ord, 2274 4 District and require a masonry screening wall when abutting every other zoning but the MH-1 District. Said Table 1 O-F to read as follows: district e e Table 10 - F Masonry Screening Requirements for Districts Shown in Column 1 When Abutting Certain Districts Column 1 Abutting District Wall i Required i This District AG R1S R1 R2 R3 R4D R6T R8 MH1 R7MF U PO AG R1S R1 R2 - R3 R4D R6T R8 , R7MF , R R R R R R R R R* MH1 R R R R R R R R R R* 01 . R I R R R R R R ' R R R R* LR R R R R R R R R R R R' C1 R R R R R R R R R R R* - -----~_._- ----~------ C2 R R R R R R R R R R R* -------- OC R R R R R R R R R R R* .--- ----- ------------- 11 R R R R R R R R R R R* 12 R R , R R R R R R R R R* -. .--- U R R R R R R R R* PO As required by the approved site plan "R" Denotes masonry screeing wall requirement. See Section 1020 C for existing properties, * Wall required when the Planned Development is for residential use, 9. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section, e Ord, 2274 5 e . e 10. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance, 11. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 19TH DAY OF MARCH 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 23th DAY OF MARCH 1998. ATTEST: Mayor, City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ord, 2274 6 <to CITY OF NORTH RICHLAND HILLS D rt t Planning & Inspections epa men: Council Meeting Date: 3/23/98 Subject: Public Hearing to Consider the Request of Bob Frank Agenda Number: PZ 98-01 To Amend Planned Development No, 22 regarding Front Entry Garages for Meadow Lakes Villa's. (Located at the west end of Iron Horse Drive) Ordinance No. 2272 Bob Frank is currently developing Meadow Lakes Villas, a Residential Planned Development abutting Iron Horse Golf Course and the city limits of Haltom City. This is generally located just south of Browning Drive and to the west of Meadow Lakes North Addition. The PO Ordinance that was passed for this development in 1996 can be somewhat misleading. The intention of the Planning & Zoning Commission, as well as the City Council, was to limit the number of front entry garages to a maximum of 40% of the total number of lots, which could be no more than 18 lots. The language regarding garage entry requirements has been reworded to state that no more than 40% of the total number of lots (18) shall be permitted to have front entry garages. Front swing garages shall not be considered to be front entry. The amendment of this PO Ordinance and requirement in no way changes any other restriction within the PD. This amendment is purely a clarification effort and was cooperatively initiated by Bob Frank and city staff. Notices have been sent to all property owners within 200' of this property. To date, no comments have been received. This request is in compliance with the currently adopted Comprehensive Land Use Plan for the City of NRH. The Planning & Zoning Commission considered this item at its February 12, 1998 meeting and recommended approval. RECOMMENDA TION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev,) Sufficient Funds Available . g~~ Budget = ~. '0 fC)('ÁÁ~ ~ I~~~ Departrn.eht Head Signature ' CITY COUNCIL ACTION fTE Finance Director Page 1 of Mr. Davis stated that this p area of the district, he would also would like to see some for indicate landscaping, common are an Davis called for any proponents. Seeing none, he called for ts. Seeing none, the public hearing was closed, Ie Respo regardin could be co ordinance ca o a question, Mr. Dryden stated that no state re inimum square footage in manufactured ho d a policy issue. The 800 square fee reased, as the Commission wou exist eas and that ed in the sire. Mr. Bowen believe minimum square foot 00 square feet is too reased. ce doesn't reflect a minimum stablished, possibly 4 - 5 acres; he n approval required that would ss, screening walls and fencing. Mr. Barfield stated that if this i~ screening wall requirement Additionally, he would like doesn't want to see th blished he believes the masonry in commercial districts. long major collectors. He - Mr. Wood made t ordinance incor ' otion to table PZ 97-47 to allow ting the Commissioners desires. Mr. Nehrm conded the motion and it carried 6 - O. Messr Da~ Id, Ferguson and Bowen were in favor of this requ Mr.: leld asked that staff include the same requirements for acce . ngs as are in residential districts currently. 7. PZ 98-01 PUBLIC HEARING TO CONSIDER THE REQUEST OF BOB FRANK TO AMEND PLANNED DEVELOPMENT NO. 22 REGARDING FRONT ENTRY GARAGES FOR MEADOW LAKES VILLAS. ORDINANCE NO. 2272 (LOCATED AT THE WEST END OF IRON HORSE DRIVE) APPROVED Vice-Chairman opened the public hearing and asked staff for an introduction. e Mr. LeBaron explained that in 1996 the city approved a Planned Development on the west side of Iron Horse Golf Course for a gated community. The subdivision was platted for 47 lots. In the Planned Development the Commissioners were very specific about trying to limit the number of front entry garages that would be Page 4 e allowed in this development. In doing so the language was confusing and misleading and actually required a certain amount of front entry garages, which wasn't the intention. This ordinance has been revised to indicate that "no more than 40% of the total number of lots shall be permitted to have front entry garages. A front swing garage shall not be considered a front entry garage." Vice-Chairman Davis called for any proponents. Seeing none, he called for any opponents. Seeing none the public hearing was closed. Mr. Nehring made the motion to approve PZ 98-01. Mr. Ferguson seconded the motion and it carried 6 - O. Messrs. Nehring, Ferguson, Davis, Barfield, Bowen and Wood were in favor of this request. e 8. PZ 98-02 BUC HEARING TO CONSIDER THE REQUEST OF KEN ERICKSON OF REALTY TO REZONE LOT 4, BLOCK A, RICHLAND OAKS ADD ON R-1 RESIDENTIAL TO C-2 COMMERCIAL. (LOCATED A OAKRIDGE TERRACE) ORDINANCE NO. 2279 APPROVED e Vice Chairman introduction. opened the public hearing and as Mr. LeBaron stated tha applicant is requesting a r computer store. The prope zoned single family. The rcial for a Gateway 2000 lot is C-2. Mr. Ken Erickson, Insite property surrounding t Letter of Intent upo equest. He explained that all the has Gateway 2000 under called for additional proponents. Seeing none, the public hearing was ade the motion to approve PZ 98-02. ffield seconded the motion and it carried 6 - O. Messrs. Bowen, d, Ferguson, Nehring and Davis voted in favor of this request. Page 5 e ORDINANCE NO. 2272 AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING, ORDINANCE NUMBER 2142, TO AMEND THE GARAGE ENTRY REQUIREMENTS FOR PLANNED DEVELOPMENT DISTRICT NUMBER 22; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 2142, established Planned Development District 22, and WHEREAS, the Planning and Zoning Commission has determined that Ordinance 2142 should be amended to further define Garage Entry Requirements, and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 2142, by amending and establishing Garage Entry Requirements as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: e 1. THAT, Planned Development District Number 22, Paragraph 4, Section 8 be hereby amended to read as follows: Garage Entry Requirement: No more than forty percent (40%) of the total number of lots, eighteen (18), shall be permitted to have front entry garages. Front swing garages shall not be considered to be front entry. 2. SAVINGS CLAUSE. That, all regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Planned Development District Number 22, shall remain in effect regarding this property. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not e affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Page I e e e ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12th DAY OF FEBRUARY, 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 9th DAY OF MARCH 1998. ATTEST: Mayor, City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGALITY: Attorney for the City Page 2 ORDINANCE NO, 2142 ©@/F))f e AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING REGULATIONS, ORDINANCE NUMBER 1874, AS AMENDED, TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NUMBER 22; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a portion of the Meadow Lakes North Addition consists of an unusually shaped tract of undeveloped land which is situated adjacent to the Iror"J ,Horse Golf Course; and WHEREAS, the Planning and Zoning Commission has determined that the development conditions of this tract of land do not provide adequate opportunities for development under available zoning district regulations and that the existing zoning classification is not appropriate for this area; and WHEREAS, the developer has indicated an interest in establishing the proposed development as a "Private Gated Subdivision;" and e WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by establishing PLANNED DEVELOPMENT DISTRICT NUMBER 22, by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Planned Development District Number 22 be hereby established in the Case Number PZ -96-18, on the property described as follows: BEING all that certain tract, parcel or lot of land located in the Telitha Akers Survey, Abstract No. 19, City of North Richland Hills, Tarrant County, Texas, and more particularly described as follows: BEGINNING at a point in the South line of Browning Drive, said point being North 86 degrees 23 minutes 01 seconds East, 189.76 feet from the northwest corner of those certain lands conveyed to the Federal Savings and Loan Insurance Corporation by deed recorded in Volume 8652, Page 1593 and Volume 8993, Page 1951, Deed Records, Tarrant County, Texas and the northeast corner of Lot 24, Block 4R, Park View Hills Addition to the City of Haltom City as recorded in Volume 388-102, Page 35, Plat Records, Tarrant County, Texas, for the northeast corner of this tract; Page I / ") e ~V' / ~ . ~/ .f.(1I ..)q..~ c/) I' ~ \.0- e e e e THENCE South 27 degrees 10 minutes 34 seconds East, 388,91 feet to the beginning of a tangent curve to the right, with a central angle of 25 degrees 09 minutes 42 seconds, a radius of 538,05 feet, a tangent length of 120,08 feet and a long chord which hears South 14 degrees 35 minutes 43 seconds East, 234,39 feet; THENCE an arc length of 236,29 feet along said tangent curve to a point for corner; THENCE South 02 degrees 00 minutes 52 seconds East, 153.40 feet to the beginning of a tangent curve to the left, with a central angle of 40 degrees 13 minutes 48 seconds, a radius of 155,74 feet, a tangent length of 57,04 feet, and a long chord which bears South 22 degrees 07 minutes 46 seconds East, 107.12 feet; THENCE an arc length of 109,35 feet along said tangent curve to a point for cor!ler; THENCE South 42 degrees 14 minutes 40 seconds East, 102,96 feet to a point for corner; THENCE South 64 degrees 18 minutes 30 seconds West, 60,94 feet to a point for corner; THENCE South 12 degrees 18 minutes 40 seconds West 119,94 feet to a point for corner; THENCE South 26 degrees 37 minutes 10 seconds West 98.42 feet to a point for comer; THENCE South 21 degrees 00 minutes 50 seconds East, 78,91 feet to a point for corner; THENCE South 16 degrees 28 minutes 06 seconds West 398,63 feet to a point for corner; THENCE South 22 degrees 18 minutes, 02 seconds West 414.63 feet to a point for comer; THENCE South 30 degrees 57 minutes 31 seconds West 181.85 feet to a point for corner; THENCE South 89 degrees 25 minutes 44 seconds West 57.49 feet to a point for comer; THENCE North 00 degrees 37 minutes 56 seconds West, 154.84 feet to a point for corner; THENCE North 00 degrees 37 minutes 57 seconds West, 1962.64 feet to a point in the south line of the aforesaid Browning Drive for comer; THENCE North 84 degrees 24 minutes 54 seconds East 115.41 feet along and with said Browning Drive to a point for corner; THENCE North 89 degrees 26 minutes 11 seconds East 74.53 feet along and with said Browning Drive to the POINT OF BEGINNING, containing 16,436 Acres (715,955 square feet) of land, more or less. 2. That, the following definitions shall be applicable to this Planned Development District: 1. Golf Course Villa - a single-family detached dwelling unit situated on its own lot with side yard set backs which are considerably narrower than those of traditional single-family detached units. Front entry garages are allowed to Page 2 e e 2. maximize the rear yard exposure to a park, golf course or other open space area. 2. Private Street Residential Development - A residential subdivision consisting of building lots which have no frontage on a publicly dedicated street right-of-way and which are accessible only by way of a private street designated as an access easement. Such development may also limit public access to the lots by use of a security gate or other security device, 3. Front Swing Garage - A garage situated on the front street side of a residential structure in which the garage door opening is perpendicular, or nearly perpendicular, to the front street right-of-way. < 3. That, Planned Development District Number 22 shall consist of a Private Street Residential Development subject to the following criteria: 1. Prior to the issuance of any building permits, the developer shall submit a subdivision plat and obtain approval of said plat from the City Council. The development shall contain water, sewer, drainage and street facilities which are designed and constructed to the standards shown in the North Richland Hills Design Manual for Public Works / Utilities, including the payment of any applicable inspection fees. 3. All streets shall be designated on the plat as an access easement. The access easement shall also be designated as a utility and drainage easement. 4. The entrance to the development shall be marked with a sign designating the street as a private street. An access control gate, guardhouse or other means of restricting access must be fitted with equipment to accommodate government and utility vehicles, U. S. Postal Service, residents, guests, and deliveries without impeding traffic movement on public streets. All gates must comply with Fire Department requirements for emergency access, including the installation of an "Opticom" system compatible with that of the North Richland Hills Fire Department and with a battery back-up. The developer must install all necessary appurtenances for the access gate and provide to the City all equipment necessary to operate the access control devices as determined by the City at no cost to the City. 5. e The subdivision plat and the property owners association documents shall reflect the private status of the streets with no maintenance provided by the City. Pag.: 3 e e 6, The subdivision plat and the property owners association documents shall contain statements that the association and the residents as the owner of the streets agree to release, indemnify, defend and hold harmless the City, any governmental entity or public utility for damages to the private streets occasioned by the reasonable use of the private street by the City, governmental entity or public utility; for damages or injury, including death, arising out of the condition of said private street; for damages and injury, including death, arising out of the use by the City, government entity or public utility of any restricted access gate or entrance; and for damages and injury, including death, arising out of the use of the subdivision by the City, governmental entity or public utility. Further, such statements shall provide that all lot owners shall r:.elease the City, governmental entities and public utilities for such damages and j!1juries. The indemnifications contained in this paragraph apply regardless of whether or not such damages and injury, including death, are caused by the negligent act of omission of the City, governmental entity, or public utility, or their representative officers, employees or agents. Those portions of the homeowners association's documents pertaining to the subject matter contained in this paragraph shall not be amended without prior written consent of the City. . 7. The Private Street Residential Development shall not cross an existing or proposed thoroughfare as shown on the City's Master Thoroughfare Plan, or an existing street. 8. The Private Street Residential Development shall not cross or disrupt an existing or proposed public pedestrian pathway, hike and bike trail or park as shown on the City's Park Master Plan. 4. That, the development regulations for Planned Development District Number 22 shall be as follows: 1. Purpose: Planned Development District Number 22 is intended to provide for a Private Street Residential Development which contains Golf Course Villas constructed at an approximate density of ten (10) units per acre. 2. Permitted Uses: Golf Course Villas consisting of single family detached residential dwelling units. 3. e Lot Area Requirements: a. Minimum Lot Area: b. Minimum Lot Width: c. Minimum Lot Depth: d. Minimum Dwelling Unit Size: 9,000 Sq. Ft. 60 ft. 100 ft. 1,800 Sq. Ft. Pag.: 4 e e, f, g. h. I. Minimum Front Building Line: Minimum Side Building Line: Minimum Rear Building Line: Maximum Structure Height: Rear Yard Open space: 20 ft, 2 ft, on one side and 5 ft, on other side 10ft, 38 ft. 20 percent 4. Fences: Only combination wrought-iron and masonry fences shall be allowed along any common boundary line with Iron Horse Golf Course. Wooden stockade type fences shall not be allowed along any common boundary line with the Iron Horse Golf Course property, Otherwise all other fence regulations of the R-2 District shall apply. 5. Parking: Off-street parking space shall be provided on the lots to accommodate four cars for each dwelling unit. At least two of such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within a required front, side or rear yard. 6. Accessory Buildings: As allowed by Article 6, Sections 600 F & G, Ordinance No. 1874, as amended. 7. Customary Home Occupations: As allowed by Article 6, Section 600 T, Ordinance No. 1874, as amended. e 8. Garage Entry Requirement: A minimum of sixty (60) percent of the housing units shall be constructed using a front swing garage as defined herein. 9. Masonry Requirement: The exterior wall surface, as viewed from each primary elevation, of all permanent structures constructed in Planned Development Number 22 shall consist of at least seventy-five percent brick, stone, or if approved by the City Council, other masonry or materials of equal characteristics. For the purposes of this requirement, the exterior wall surface shall be defined as the area between the wall corners extending from the top of the foundation up to the door or window header height of the first floor, whichever is greater. The area of door and window openings shal be ~~c.J included in the calculation of this requirement. -\ J t:t -b ~ €t "'\ ~ g v'~' " o 1Jl .J\ (t-.. -t-ì. ~ .,- I ,. t1\/¡ J'Q., "')? 5. l' f\__ k <:~'" 1 -J s,J { 1'" v" That, access easements shown on Final Plats situated within Planne Development District Number 22 shall be considered as public right-or-way for purpos f enforcing nuisance ordinances adopted by the City of North Richland Hills. e 6. Page 5 e That, the Official zoning Map be redrawn to incorporate this Planned Development District. 7. SAVINGS CLAUSE. That, all regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Planned Development District Number 22, shall remain in effect regarding this property. 8. . EFFECTIVE DATE. This ordinance shall be in full force from and after its passage, 9. e SEVERABILITY CLAUSE. That it is hereby declared to be th'e intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 10. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12th DAY OF SEPTEMBER, 1996. Chairman, Planning and Zoning Commission y~-;/ C7~ Secretary, Planning and Zoning Commission - Page 6 PASSED AND APPROVED BY THE CITY COUNCIL THIS 23rd DAY OF e SEPTEMBER, 1996. ~ ATTEST: (/7alvud ~ City Secretary City of North Richland Hills, Texas '. e - Page 7 \" \' \~) ¡ '39 38 37 35 ,:1:; . . \ ~;3 I: ~2 " ! ~" 1 I "-- ! -¡-L--71-- =:0 \ 33/34 \ 3 / l. -- : / ~ 1-----. ' ~-~1 ~/ . RIOBII N t t~=P' _" / 29 : 2a 27 ~ r I I ! I 5;', \ ---.11 ')0 , ?~, ?'"/-'''' ~, \.- 3 <- - ~ \ - I - ~ ,~ \ ---I.......... " ..,.... \........ : ~ \ 9 I ; -0 ¡----;-;--t:~ :UD IE - šJ~ 2: / I ) 7'.\ ~--F- \ / 2,) ,19 13 . < 12 i---¡-i- -/"-- ~ ~.\ :.¡ I :511 ~'3 17 ~ \ I I CJ :D '- ,'" . - . - . ;:: . . . . ---- ~ , 1: I . .¡ 1\:4 \ \ \ 7 \3 \ i \ 1~\ ~ , ! 1 I I !O I 12 I 10 I 11 ..' \ 7 I , ~\ 16 5 \ K1NG\ a 9 3 \ <: \,1 N .,\ IR.v£.'{~I' ~-:~tJ ---agE? a 9 :\ I" A_ ' 7 I 3 4' - 0 \ 5 --L ..... -, e e ~ ¿_~ J. 5 IE ~~ ·-1 I·: : , ~ a i 7 r--- -¡ 9 '\. 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'\,11', j.~' -.:, :', /- , " ~-y,;/' ~.... ~.~ . -<./" ..... ;~ ~~,-":":.J' .'-I_~ ," - \ )¡Y.....>'.;c,),;..\~-<\.P~ /2 ',:: ¿¿-' .;- 'i" ,:', .,' f{J-':'N '~~:',' ,~,<tx<,~~~\~.~r IJ .~~,.;/ ., "':.... ....,':.,·:·'..-ffi/f'.L..r ,,~,<,\,>:,- '" ~"~ ,< ~.,Z· ' . .' -:, '.:'~ .,- ,', .. '//", .~, r -"y ¿ , :: ~ ,'~ ./., ,,' ,~, '\.:. '. ~/ -:----.__C7'~ '~ - /,:' '" /'\."":~ <.:. _)::-: ',: ;"~~. ^,,7, '~.: """':.~,'\- ~ '.' '~.~~ (-.J'-: ~;"c="'~:-; "~'" . -=-.., \ -~~;-)Jit~'~· '..'~.,J '; '7 ,~ ';"~::-:':( _ '," ~'"...l CT '-:"~p,,~:...:,:-,:.~." Y': ;::¡~ ' ..... \. -~- :Er-; :;- ~~--'; ~'::, ';;-) ---'~,-..""" ~ , ~ ,I -~ :co, ~ ' ·~;-;~L ~ : j -:' ~ '3' / - ... = .. .' '::If . '.,~ . ,.: . ~ . '= ...:..-... - ~ I - - " ~i< ,~!/-/ ' '.':. - -:.... >-:~ , -:',... ".. ... ":7'",' ry ;. ~. " :: ,',':-:; - ~~-~r -:-":. .: ,~7--¿': ':t' 7 ~ I.:...:' _ .- _: :: "~!I ;-:::--''- '> -- -:""¡;.. I = L:.. ': ,: '," _ .;:; C ------¡ "'~',.:,. I ~ : P:;~.'£~,~'-<.;;?/ f T '.... / t Nf)2--ii4 ~ I / (// ~/~~~ð.o' i\ / / ¡ / I '. I I 1,/ ill// ' ./ / I / I '" . I / I -T--~- -------1-- - - -- , , i -~ , . ~. ~ ---'_L~, ~\ \:\;!¡)~ " , .' '.', / CITY 0 F NORTH RICHLAND HILLS D rt t Planning & Inspections epa men: Council Meeting Date: 3/23/98 Subject: Public Hearing to Consider the Request of Ken Erickson of Agenda Number: PZ 98-02 Insite Reality to Rezone Lot 4, Block A, Richland Oaks Addition From R-1 Residential to C-2 Commercial. (Located at 4900 Oakridge Terrace) Ordinance No. 2279 The lot proposed to be rezoned from residential to commercial is currently owned by Mr. & Mrs. Fuller and contains approximately 1.03 acres of land. Insite Realty Development Corporation is proposing to re-develop the site and construct a Gateway 2000 computer store at this location, This property is surrounded by Richland Centre Shopping Center. This lot is located just to the north of TGI Friday's and east of Barnes and Noble Bookstore. This property is surrounded on all sides by C-2 zoning. This rezoning request is in conformance with the currently adopted Comprehensive Land Use Plan for the City of NRH. Notices have been sent to all property owners within 200' of this request. To date, staff has not received any adverse comments regarding this request. The Planning & Zoning Commission considered this item at its February 12, 1998 meeting and recommended approval. RECOMMENDA TION: et is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget _ eo ,er Acct. Number Sufficient Funds Available Finance Dlfector Page 1 of e e e ORDINANCE 2279 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 98-02, the following described property shall be rezoned from R1, Single Family to C2, Commercial. BEING Lot 4, Block A, Richland Oaks Addition (Located at 4900 Oakridge Terrace) 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No, 2279 Page 1 e e 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12th DAY OF FEBRUARY 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 9th DAY OF MARCH 1998. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: eGU~~n~ Departm nt ead APPROVED AS TO FORM AND LEGALITY: e Attorney for the City Ordinance No, 2279 Page 2 e e e a d in this development. In doing so the language was co ng and mislea nd actually required a certain amount of fro ry garages, which wasn't the in ·on. This ordinance has been revis indicate that "no more than 40% of the t umber of lots shall be R ed to have front entry garages. A front swing ge shall not nsidered a front entry garage." Mr. Ferg seconded the motion and it carried 6 - O. . Nehring, n, Davis, Barfield, Bowen and Wood were in favor of this . td \,IV\J ~~y 8. PZ 98-02 PUBLIC HEARING TO CONSIDER THE REQUEST OF KEN ERICKSON OF INSITE REALTY TO REZONE LOT 4, BLOCK A, RICHLAND OAKS ADDITION FROM R-1 RESIDENTIAL TO C-2 COMMERCIAL. (LOCATED AT 4900 OAKRIDGE TERRACE) ORDINANCE NO. 2279 APPROVED Vice Chairman Davis opened the public hearing and asked staff for an introduction. Mr. LeBaron stated that this is a 1-acre tract currently zoned single family. The applicant is requesting a rezoning for C-2 Commercial for a Gateway 2000 computer store. The property surrounding this lot is C-2. Vice Chairman Davis called for any proponents. Mr. Ken Erickson, Insite Realty, presented this request. He explained that all the property surrounding this property is zoned C-2 and has Gateway 2000 under Letter of Intent upon successful rezoning of the property. Vice Chairman Davis called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Bowen made the motion to approve PZ 98-02. Mr. Barfield seconded the motion and it carried 6 - O. Messrs. Bowen, Barfield, Wood, Ferguson, Nehring and Davis voted in favor of this request. Page 5 NI~H APPLICATION FOR A ZONING DISTRICT CHANGE City of North Richland Hills 7301 NE Loop 820 North Richland Hills. Texas (Please pnnt ar type all respanses) 817 -581-5500 ART 1. APPLICANT INFORMATION ! ame of applicant; agent: :ï... ~ S ~ \- -e.. R eo...\ é..s \ú. \e , \..' \.., c.. ' Street address of applicant; agent: \- \ i.e Ç)?:> \l,. \; "^' ß \, ee City; State; Zip Code of applicant; agent: 06.. ~ 'f:J:ro~ 'S l G:>O tOd PART 2. PROPERTY INFORMATION '..¡.., e.. 'Iì £,\c..~SD'f' Telephone number of applicant I agent: 30 -l:,\ì' q \.\d ¥.e.n Lf ~c.~Sö Ì7 Street address at location where zoning district change is being requested: ~ \ - LLû\\-~ '\ -tX\\ S. ~tC~ E\ ~(\~ ~\C~~~Ò \\\\\S I-Vq CJ Ö ~o..\( '« \ ce ª'G\\ ",Ò Current zoning classification: \\~ S\è)C,<,~o...\ Rea,son, for zonin~trict change: _~~ \ '- \0 'ø2- ~ \~-\-eÒ 0. s ~ 4, Proposed use of the property: ~,d\ S~€-S ù~D '-.0\ Ç.O'M\I\J~\ ~_~_~~~\ s.-\c,~- « s -.ðe '(\ \-\0..\ ~ ',:\'<: \OOT\.&e~__\z ~ CO 'YV\. 'frQ. ~,"Q.. '\ c-,^- (ù\{el\~\ q Surveyor map attached as required by application: Affidavit attached from property owner if applicant is not owner: , No ~es No RT 3. PROPERTY OWNER INFORMATION Street address of property owner: ~qt6 Ûl~\\.ð City; State; Zip Code of property owner: ..... 'neò" ~()\\ e.~ '\'~~'fQc.. e fD{\ "" ~O\\-'¥\ ~ex~S Note: Attach letter or affidavit from property owner if different from applicant I agent: Telephone number of property owner: ~'(- aß\ - \tç;3~ Date: __Jl-~L Cf ç I hereby certify that I am, or represent. the legal owner of the property described above and do hereby submit tñi equest for approval of a zoning district change to the Plannin Zoning Commission for consideration, Pnnt Name: ¡~ [ ( f L;{Sf)() _______ PART 4. FOR OFFICE USE ONLY Signature: -__.. ___________.h_____ Date of Planning & Zoning Commission Public Hearing: Case Number: Date of City Council Public Hearing: Yes No Yes No Yes No Fee: Zoning District Change Approved: Yes No $300.00 tions of Approval: ____ -'0_-_'___0______-. This application will not be scheduled for public hearing until application fee is received, Zoning District Change CD - 407 (2197) .,....."'..'..,,,. ( MATCH LINE - SEE Grid: 90428 P~gt: D7 ) ~OB.'\\-\£¡\S¿t>.~?US ~O't1û u <i\" C 1 ., ~\,¥- ' "'C\\ - ", \\\\1" ..&\~ , O..f>.:D:::R:D -,,-,. , C-1 1)R2 10. r. Ir .. .. N ,... I Q 0.. ,., 1., þ. " ':) THOUIA"D OAU 01. \J :." 10 '. 10 \ ~\C O~"¡"S ~~\) . , ~~ \':Þ -1 " R-7-MF -- ---- " C·2 1802 s. . o o z ~ .. ~ 1 ,. - I Co, 1983 " " ('I') " ,. ~-{ . ~~ ~~ \~~O P' ,\fI~ '}.'\ , ~.'\ ":I' Q 0.. ISTrUL I. I[OFOIO.[U\.I:SS ID. C-1 " o o .. .. - .. .' BEDFORD-EULESS RD. ,. "" HOITH FtfST ' ...,¡.7 IC L~.frL CITY LI" I' " " C-. I' S "-.. ~' ~ ø -~-a.. ~o\t'\\\£.Þ' ~~ II: ~ . o ; ~ . o !'UIST CITY LUlln ~ - < .. e 1"",Ct ,. = ,. , - ~ 0 .. \ ...., , "" T"ACI f "...................'.... (l04U,'.IC ''''01111''''10. ..",.., N.RTH RICHI.AND HILLS ,.......".................."......,..,...............,..,.,....". ,..... .".., ( MATCH LINE - SEE Grid: 90420 P~gt: D9 ) ~ i; ( -- - ;--< i:" (IN1' OAKS '-' . . c.....' , " e I " , , 1 ~ ~: :., i' ~ I r'I .:. l I ¡: , : & ~ . :> n 8,' 13 I .... f' .... p .,,"t-,S, ',. I. Z . ' ,., I- I' I' ." .~#'.; : ::', ..;.,,:.... :.' ('" I~ ..' : , I I f¡ ,; " :1" ,¡ . ,/' ~ r: ..~...... .'~' -. -- ,; .' "" . ,,;<,:..:.,,:; ...:.... .. . , .' /,,(., .. . ,r ", _~ I .,. ..~, ,," ,'.., ,,'" a?~"}ð' L-:,l'~;:"':"':' ",. ." ': " ': ,,"'.'.' 17~9'. r . '/~:'_'::-~__'_:"_".: _1_:,· : ,-- - ',: /, t I I. , 'I .r:--:';,'- ': , "\c" f (.8555 rÄF.:; : ;:':::;: .' ?'-tí~) .; .. '" ¡ :'j r '~ I .; . ",- ..'.;1 ,,: ¡:.;;, ':õi,·;:,'~~~·T~'· .. .) '!I':;'~ oI"'wr." : _ __ _::...~_ .... ,_ ,: '; ~ .,1" '" ..' ' _. _ _n~ -- . ....., ..,' ": ".' __ - .__--~'=: -_ ., I ' : ¡i. ' - -- =--, """'...... :: ",-::¡.¿"-::;;; " . _...";.'1' ' .,..'" """" "'"" ~.,." 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J ~'---' '/ ,.., i ~( ~~~7~ ~\J ~~ o ~),~ . J, . , . " -,- ,,'; t, .,: '~:.,t:l ~ '~,;:; "'. "'<, .~~, ~\> ,"~,':: ;"~.,"¡; 'J.1*'" :: . '\ to' '; ':':. 4 't' I ()i>' , ~\ A\~fi ~ ~f;' I " I - . " . '\ ",'. ,.,.. .. ~ LOT 8R BLOCK A í I' ,I , ,L 'J I I I I I I ;, I I I -¡-' I J I I l. I' ,,;- I I :.. , , I tAl e?S¡- " - , f' I I I I I I I I " 8:., z::-:'s 89'J6' I.,~.'~ " ,:. I ' ~oo.J~· ,," " J"'~ " I ~ of- . ,I !IJr:Þ:-" , LOT :7R ~ :p.Y, BLOck ,,)",' "","" /: ; ,........ . ..,......; ,,/ / ~ ~ /' ,./,~--" ,. - .' ~ ~ _ '(;\,.,00 'j' / / .' ' . -~~/ . ;:;/... . (' ,,-' ,//"" ,</ ~ ~_.~_ . ..:- /. / / ~ _~ _:/;;OO.~y[ / /!-f:):-')--' /, ·~·····~Z··:-,' 'l>(/ ~/y . ,01 ~ . A~ -----/' " .../ - . ".---.-... >'" ./ 8 ' ._____ '" '.. . /' ".'. ;//.:' .., ...... e.;" ,;; /' .,';,.7~ ,.89o~· ~. .. "i2R , ) .,_. l~Bz5i', " " ........., '.:j , --=- -- .....' " . '; _'__:-¡?:::'~~ ~,~..,_t:: .. : ,~,:-~-.~.,;.:--'~ .4a"< ~ -'.. CITY OF NORTH RICHLAND HILLS D rt t Planning & Inspections epa men: Council Meeting Date: 3/23/98 Subject: Public Hearing to Consider the Request of Kent Davis Agenda Number: PZ 98-05 To Rezone a Portion of Lot 3R1-BR, Block 1, Martin Addition From AG Agricultural to R-2 Residential. (Located at 6817 Nob Hill Drive) Ordinance No. 2276 On February 9, 1998 the City Council approved Mr. Davis' replat of Lot 3R 1-BR, Block 1, Martin Addition. Mr. Davis has replatted this property in order to construct a single family home. A portion of this replatted lot was purchased from Mr. David Barfield in order to provide extra acreage. One of the conditions the P&Z placed on plat approval was for Mr. Davis to rezone the newly acquired portion of land from AG Agricultural to R-2 Residential. All property owners within 200' of this property have been notified. To date, no adverse comments have been received. This request is in compliance with the currently adopted Comprehensive Land Use Plan for the City of NRH. The Planning & Zoning Commission considered this item at its February 26, 1998 meeting and recommended approval. RECOMMENDA TION: et is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev,) Sufficient Funds Available Operating Budget _ .)the, /,2 - 0 fJWJJJ\ :h ß~ ~ OeparJ"nent Head Signature "", CITY COUNCIL ACTION ITE Finance Director Page 1 of e rty, and that the subdivision name be changed to Glenn , Lot 9, Mr. Bowen se nded the motion and it carried 7 - O. Mes . Davis, Bowen, Ferguson, Neh , Barfield, Wood & Miller voted in fa of this request. PUBLIC HEARING TO ESTABLISH R HOUSING AND MOBIL was tabled at the previous meeting. Staff s in the ordinance. Minimum dwelling unit masonry-screening walls, site plan e been incorporated. e Mr. Fer uson seconded the motion and it carried . Messrs. Wood, Ferguson, Davis, Nehring, Barfield, Bowen and Miller were in favor of this request. 7. PZ 98-05 PUBLIC HEARING TO CONSIDER THE REQUEST OF KENT DAVIS TO REZONE A PORTION OF LOT 3R1-BR, BLOCK 1, MARTIN ADDITION FROM AG AGRICULTURAL TO R-2 RESIDENTIAL. (LOCATED AT 6817 NOB HILL DRIVE) ORDINANCE NO. 2276 APPROVED Chairman Barfield explained that due to a conflict of interest he would be abstaining from discussion and voting on this item. Mr. LeBaron explained that this item was platted at the previous meeting and one of the requirements of the plat approval was the 25' acquired from Mr. Barfield be rezoned to R-2 to coincide with the rest of his property. Vice-Chairman Davis opened the public hearing and asked for any proponents. Seeing none, he called for any opponents. e Mr. Joe Gray, 9216 Amundson Road, stated that he wanted to make sure that no runoff from this property would be directed onto his property. '; Page 3 e Seeing no additional opponents, the public hearing was closed. Mr. Bowen moved to approve PZ 98-05. The motion was seconded by Mr. Nehring and it carried 6 - O. Messrs. Bowen, Nehring, Davis, Ferguson, Wood & Miller voted in favor of this request. Mr. Barfield abstained. e 8. PZ 98-06 IC HEARING TO CONSIDER THE REQUEST OF RICHARD SHA NAIL EQUITIES, INC. FOR SITE PLAN APPROVAL FOR A Y DEVELOPMENT ON TRACT 2F2, ACKERS SURVE SOUTH OF BROWNING DRIVE, EAST OF IRON ORTH OF LOOP 820 AND WEST OF THE D RIGHT-OF-WAY) TABLED Mr. LeBaron state development on this plan approval during t the applicant has submitte rty. A time frame was ing phase of this plan for a multi-family on the applicant for site ment last year. Chairman Barfield opened forward. d asked the applicant to come Mr. Richard Shaw, Colonial Savi would be a high-end, multi-fa Mr. Shaw showed pictures will resemble a single fa . diversity. Several of t eight. A business c amenities includ carports. Ame entertainme ented this request. He stated this ent along Iron Horse Golf Course. elevations, stating that the units f the units will vary to add its, but the majority will have are some of the onsite rs will have detached 'n bookshelves, Respon submi stat s a question, Mr. Shaw stated that at the tim e application for site plan approval was not in a t he did not own the property at the time the zoning c as unaware of some of the requirements the City of NR an submittals. ite plan was r. Shaw took place, garding iscussion ensued regarding the number of units in Phase I, the placem the proposed phase line, too much density and the lack of open space. e Page 4 e e e ORDINANCE 2276 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 98-05, the following described property shall be rezoned from Ag, Agricultural to R2, Residential. BEING, a portion of Lot 3R1-BR, Block 1, Martin Addition (Located at 6817 Nob Hill Drive) as Recorded in the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING a the 5/8 inch iron rod found for the south east corner of said Lot 3R1-BR and being in the northerly right-of-way line of Nob Hill Drive, THENCE, South 89 degrees 1 minute 40 seconds west a distance of 27.00 feet to a point for corner, THENCE, North 0 degrees 1 minute 32 seconds east a distance of 120.00 feet to a point for corner, THENCE, South 89 degrees 1 minute 40 seconds west a distance of 60.00 feet to a point for corner, THENCE, North 0 degrees 1 minute 32 seconds east a distance of 25.00 feet to a point for corner, THENCE, North 89 degrees 1 minute 40 seconds east a distance of 87.00 feet to a point for corner, THENCE, South 0 degrees 1 minute 32 seconds west a distance of 145.00 feet to POINT OF BEGINNING and containing 5, 415 square feet. Ordinance No, 2276 Page 1 e e e 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26th DAY OF February 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission Ordinance No, 2276 Page 2 PASSED AND APPROVED BY THE CITY COUNCIL THIS 23rd DAY OF MARCH e 1998. ATTEST: Mayor City of North Richland Hills, Texas City Secretary City of North Rich/and Hills, Texas e APPROVED AS TO FORM AND LEGALITY: Attorney for the City e Ordinance No, 2276 Page 3 m___ -- \ / ~;ì) 3~ \ IA. 3K \, \ ,94AC'.\94 ;.,C\ '-~.~ IR ,30 \ 1'? \ 1 R, .37. \ 1 ' 64 A \ \ IR';-;-~ [r-\' .5 ÄC \ y TR.3H \ .5 .,:..c IR.3W1 5,05 AC \ \ Ii ~~ \ \ ' -----.- ,u.' TR 3V 3,9 AC Q ;¥ 3 ~ IR,301 ,5 AC TR ,,3R 2 . 1 9 AC TR ::~ 1 ,': -':: - J::; '" ~\ þ>.8í1, ~ .:It" .)~? 1 M ~;: \ 1 \ e .1.: I;;, ¡h,3J I 301 ? \~ IR,3N t\ E¡t-"''l~t0'D· ----. N 18 ...- -OO~ ~O 17..s - N ~ THREE E RANCH -'-~~ _ 1. C 42076) ~ 1 . ~ 5 ) - .) a-- ~ \ IR,361A 2.1 AC IR.3616 ~. 1 ,C ...c 3 4 I>.. 1 ~ --,_._-~ saUlt-{, CRESI OR. '1000 ¡'Q?'f Qoo'3 CfOf'2,Q()l 1 \ 2 3 ~ 5 "'6 4 3 2 \' 5 . " .. ,-"......':'" 1(\ NI~H APPLICATION FOR A ZONING DISTRICT CHANGE City of North Richland Hills 7301 NE Loop 820 (Please pnn! or type all responses) North Richland Hills, Texas 817-581-5500 PART 1. APPLICANT INFORMATION 1DO I A //" ~ ('/ F."'eei,..HJ L City / State / Zip Code of applicant / agent:' 76/ fú PART 2. PROPERTY INFORMATION St., ('-1-<;> ~ q ~D Telephone number of applicant / agent: (~'/7) ~ -DÓOO Street address at location where zoning district change is being requested: 67/7 110 1-( I Legal :e;CriPti0n¿ ~7rty where ~ing distrifJ%~lbein?eqUesteU/;/; '/) Il cI /; J- /0 .~ Current zoning classification: Proposed zoning class fication: Proposed use of the property: A cácu/1ul' L R. - ~ Reason for zoninr¡,district change: I<.e velie> s-,' /ì Ie - Fr<Uo'U'f¡ ¡: ~ J I' de I) Oí!-. ¡JIAI'11/l',c , 2õ.-u',.., , (CJd1.r1IJ¡ ( ,,/1 r SurveY¡Dr map atta~ as required by application: UZ' Yes U No Affidavit attached from, 7wner if applicant is not owner: rYes' No ~ : ART 3. PROPERTY OWNER INFORMATION o Note: Attac letter or affidavit from property owner if different from applicant 1 agent: Telephone number of property owner: ¡'Il) S?L¡-OÓðcJ Date: /127/Cf~ I hereby certify that I am. or represent. the legal owner of the property described above and do hereby submit t' quest for approval of a zoning district change ta the PI d Z ning Commission for consideration, \ Print Name: P ke..-d D4. If I ~ Signature: PART 4. FOR OFFICE USE ONLY Date of Planning & Zoning Commission Public Hearing: Taxes Paid? , Yes Case Number: No P:t ") ø· O~ Date of City Counctl Public Hearing: Fee: DYes ~ No - Zoning District Change Approved: II Yes Ii No L.....-.J --¡ Yes ---.J $300.00 I No itions of Approval: This application will not be scheduled for public hearing until application fee is received, Zoning District Change CD - 407 (2/97) CITY OF NORTH RICHLAND HILLS D rt t Planning & Inspections epa men: Council Meeting Date: 3/23/98 Subject: Public Hearing to Consider the Request of Glen Good to Agenda Number: PZ 98-09 Amend Planned Development No. 20 to expand an Assisted Living Facility on Tract A, Block 25, Holiday North Addition. (Located at 7801 North Richland Blvd.) Ordinance No. 2275 On October 23, 1995 the City Council approved Ordinance No. 2043, which provided for a Planned Development on Tract A, Block 25, Holiday North Addition, for an assisted living facility. The total acreage of the planned development is approximately 4.7 acres. Mr. Good has constructed an 80 bed assisted living facility that contains approximately 38,000 square feet. He is proposing to construct another building on this same 4.7-acre parcel of land directly to the west of the existing building. The proposed building is approximately 15,000 square feet and will contain 28 beds exclusively for Alzheimer's patients. As indicated above, the total acreage of the site is 4.7 acres. Landscaping requirements indicate that 15% of the total land area should be landscaped, equaling approximately 30,775 square feet. With the construction of the new facility, approximately 70,000 square feet will be landscaped which, equals 34.2% of the total site. Mr. Good has provided a landscape plan, exterior elevations of the proposed building and a site plan, which includes both the existing building, and the proposed Alzheimer's facility. All property owners within 200' of this request have been notified. To date, staff has received no comments. The amendment of this Planned Development is in accordance with the Comprehensive Land Use Plan for the City of NRH. The Planning & Zoning Commission considered this request at its February 26, 1998 meeting and recommended approval RECOMMENDA TION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ .Other6CUAl-)lJ5~ ~ Department Head Signature CITY COUNCIL ACTION IT M Finance DlteC10r Page 1 of e 9. PZ 98-09 PUBLIC HEARING TO CONSIDER THE REQUEST OF GLEN GOOD TO AMEND ORDINANCE NO. 2043, A PLANNED DEVELOPMENT FOR AN ASSISTED LIVING FACILITY ON TRACT A, BLOCK 25, HOLIDAY NORTH ADDITION. (LOCATED AT 7801 NORTH RICHLAND BOULEVARD) APPROVED Mr. LeBaron explained that this 4.7-acre tract is being developed as a 28-unit facility for Alzheimer's patients at the existing Good Place Assisted Living Facility. Driveway spacing is the only concern staff has regarding this proposal. Chairman Barfield opened the public hearing and asked the applicant to come forward. e Mr. Glen Good presented his request, explaining that the driveway on the west could probably be relocated to align more with Crestwood, but he would need to speak with his architects for a final design approval. Mr. Good explained that this type facility generates very little traffic. Chairman Barfield called for any proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Davis made the motion to approve PZ 98-09 subject to the applicant and city staff the possibility of moving the western entrance to align with the street to the south. Mr. Wood seconded the motion and it carried 7 - O. Messrs. Davis, Wood, Miller, Bowen, Barfield, Ferguson & Nehring were in favor of this request. There were none. e Page 5 ORDINANCE NO. 2043 COpy e AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NUMBER TWENTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Tract A, Block 25, Holiday North Addition, consisting of approximately 4,7 acres of land located at the northwest corner of North Richland Boulevard and Ross Road, is currently zoned R-7-MF Multi-Family Residential; and WHEREAS, the Planning and Zoning Commission has reviewed a proposal for an Assisted Living Center for the elderly; and WHEREAS, the Planning. and Zoning Commission has recommended that the property be rezoned as a Planned Development District to provide land use compatibility with adjacent properties; and WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Rich/and Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No, 1874 and the Official Zoning Map by establishing Planned Development District Number Twenty, by changing the said Zoning Ordinance as set forth herein; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. -THAT. Planned Development District Number Twenty be hereby established in the Case Number Pl 95-05. the following described property: BEING Tract A, Block 25, Holiday North Addition, an Addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-130, Page 56, Plat Records, Tarrant County, Texas. This property is located at the northwest corner of North Richland Boulevard and Ross Road, 2. THAT, the development regulations for Planned Development District Number Twenty shall be as follows: 1, Purpose: Planned Development District Number Twenty is intended to allow an Assisted Living Center consistent with the development regulations contained herein. 2, Permitted Uses: Assisted Living Center, not to exceed 80 elderly units, contained within a single-story structure which has residential architectural characteristics, 3, Lot Area Requirements: a, Minimum Front Building Line: 25 feet b, Minimum Side Building Line: 15 feet c, Minimum Rear Building Line: 25 feet d, Maximum Structure Height: single story structure e, Maximum Lot Coverage: 50 percent e 4, Site Plan: Attached as Exhibit A 5. Fences: A six foot sight barring fence shall be constructed and maintained along the north property line, IT"O~" pT,..'~;>;~ ',,:, .''¡ " "'t¡i/ ,,!". ã1 6, e 7, 8 9, 10, 11, Parking: As required by Article 7, Sections 700 and 710, Parking and Loading Requirements, Ordinance 1874, as amended, Accessory Buildings: As required for the C-1 district by Article 6, Sections 600 F&G, Accessory Buildings, Ordinance 1874, as amended, Masonry Requirement: As required for the C-1 district by Article 6, Section 600 B, Masonry Requirements, Ordinance 1874, as amended, Landscaping Requirement: As required for the C-1 district by Article 9, Section 900, Landscaping Standards, Ordinance 1874, as amended, Signs: As allowed for the in the R-7-MF Multi-Family Residential district by Article 8, Sign Regulations, Ordinance 1874, as amended, Refuse Facilities: All refuse containers shall be screened from view of all adjacent properties and public streets, 3. THA T, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 4. THAT, all the regulations contained in the Zoning Ordinance Number 1874, as amended, which are not in conflict with the .erms of this Planned Development District Number Twenty, shall remain in effect regarding this property, 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences. paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 6. SA VINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance, 7. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage, e Ordinance No 2043 Page 2 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF MARCH, 1995, e ~ø /#t-v Secretary, Planning and Zoning Commission Ô'~\'f\;:2 (~~~-\,' ___\ ?~~:: ....__ _~_._ ~'r''':'-''':' .~. -~ I Chairman, Planning and Zoning Commission COP~i§ PASSED AND APPROVED BY THE CITY COUNCIL THIS 23rd DAY OF OCTOBER, 1995. ATTEST: (']~P_J~:$ ~ ~ ' Secretary ity of North Rlchland Hills, Texas APPROVED AS TO FORM AND LEGALITY: e e Ordinance No 2043 Page 3 e ORDINANCE NO. 2275 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING, ORDINANCE NUMBER 2043, TO ALLOW FOR THE CONSTRUCTION OF AN ADDITIONAL BUILDING FOR PLANNED DEVELOPMENT DISTRICT NUMBER 20; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 2043, established Planned Development District 20, and WHEREAS, the Planning and Zoning Commission has determined that Ordinance 2043 should be amended to allow the construction of an additional building, and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 2043, by amending the site plan and allowing construction of an additional building as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: e 1. THAT, Planned Development District Number 20, Paragraph 2, Section 4 be hereby amended to read as follows: Site Plan: Revised site plan attached as Exhibit liB" as per Ordinance Number 2275 2. THAT, all other conditions in Ordinance 2043 remain in effect and are applicable to the proposed facility. 3. SAVINGS CLAUSE. That, all regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Planned Development District Number 20, shall remain in effect regarding this property. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance e are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance No. 2275 Page I e e e ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26th DAY OF FEBRUARY 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 23rd DAY OF MARCH 1998. ATTEST: Mayor, City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: DE~d i\:$~ APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2275 Page 2 NRH APPLICATION FOR A PLANNED DEVELOPMENT DISTRICT City of North Richland Hills 7301 NE loop 820 North Richland Hills, Texas 817-581-5500 (P!ease print or type all responses) PART 1. APPLICANT INFORMATION ReS'IJ)e.µces I've, i.L<.. ¡t}O.R/<HLItAlQ IJILL5- TX ~ /ßO PART 2. PROPERTY OWNER INFORMATION Telephone number of applicant / agent: ~/7 - 5J'/- 63/0 Name of property owner: City / State / Zip Code of property owner: Telephone number of property owner: Note: Attach letter or affidavit from property owner if different from applicant / agent: Current zoning classification: PO rlf,¡,llL Ross RD 't- ,vP./?u:./l-LnAJf) Æ3¿ v.tJ. Site plan attached which conforms with the requirements included in this packet: IKJ Yes DNo Affidavit attached from property owner if applicant is not owner: c=J Yes C=:J No I hereby certify that I am, or represent, the legal owner of the property described above and do hereby submit this request for approval of a Planned Development District to the Planning and Zoning Commission for consideration, Date: ..1- b- /9rX' Print Name: GL£-AJ 7. GÐc>O PART 4. FOR OFFICE USE ONLY Date of Planning & Zoning Commission Public Hearing: Signature: ,-~ Taxes Paid? DYes D No Case Number: p~ '18'°9 Date of City Council Public Hearing: Liens Paid? DYes CJ Fee: No $300.00 Planned Development Approved: DYes DNo Assessments Paid? DYes D No Conditions of Approval: This application will not be scheduled for public hearing until the application fee is received. PLANNED DEVELOPMENT CD - 415 (5/97) CITY OF NORTH RICHLAND HILLS - D rt t Planning & Inspections ,., epa men: Subject: Request of FWF Properties, Inc., for a Replat to be known as Lots 1 R1 & 7, Block 1, Richland Oaks Addition. (Located at 8393 Grapevine Highway) Council Meeting Date: 3/23/98 Agenda Number: PS 97-59 FWF Properties, Inc. is proposing to replat and develop this 5.6-acre tract of land into two (2) lots. The property currently contains an existing shopping center and a new .6 acre pad site will be created by approval of this replat. A fast food restaurant is proposed for the newly created lot. The major issues associated with this replat are as follows: 1. Floodplain: A Letter of Map Revision is being submitted to the City and to the appropriate federal agencies to revise discrepancies with the flood plain. 2. Driveways: The development is not proposing to add any curb cuts along Grapevine Highway. Existing curb cuts will be utilized. 3. Sidewalks: The applicant has been advised that sidewalks are a requirement adjacent to all public streets. .. Streetlights: The applicant has been advised that streetlights are required. The owner has agreed to provide the street lights while paying the cost of installation directly to TU Electric. The Planning & Zoning Commission considered this request at its February 12, 1998 meeting and recommended approval, requiring the access easements and lot numbers be added to the plat and subject to engineer's comments. RECOMMENDA TION: It is recommended that the City Council approve the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget _ er Acct. Number Sufficient Funds Available ~ Finance Director Page 1 of e 4. PS 97-59 REQUEST OF FWF PROPERTIES, INC., FOR A REPLA T TO BE KNOWN AS LOTS 1R1 & 7, BLOCK 1, WALKERS BRANCH ADDITION. (LOCATED AT 8401 GRAPEVINE HIGHWAY) APPROVED Mr. LeBaron explained that this 5.6-acre lot is being divided into two (2) lots to carve out a small restaurant pad site, stating that all engineering comments had been met. Mr. Wood made the motion to approve PS 97-59, requiring that access easements and lot numbers be added to the plat and subject to engineer's comments. Mr. Nehring seconded the motion and it carried 6 - O. Messrs. Wood, Nehring, Davis, Ferguson Barfield and Bowen voted in favor of this request. e 5. PS 97-62 ST OF GAYLORD VAN Y AND MARCUS CABLE FOR A REP OWN AS LOTS 1 & 2, BLOCK H, RICHLAND OAKS AD TED IN THE 8100 BLOCK OF GRAPEVINE HIG ~~ APPROVED Chairman Barfiel doesn't abut it. He a Mr. LeBaron stated that roperty, but it ent a conflict of interest. size and is currently one lot. The rty is zoned C-1 Commercial and ion there. He explained there were discussed with the applicant. e stin Thomas, Keller, pres osley stated that he would not be n the plat stating no building permits wou ater line extension had been completed, however, Cable, he is not a representative for Mr. Van Y. Additi have no plans on using the alley behind this property. this request. Responding osed to a notation issued on Lot 1 nly speaks for , he stated Page 2 VILBIG & ASSOCIATES, INC. e e e CIVIL & STRUCTURAL ENGINEERS GEOMATICS / SURVEYORS February 3, 1998 City of North Richland Hills Public Works Department P. O. Box 820609 North Richland, Texas 76182-0609 ð~í'r'oRJ~ ~ RECEIVED ~. 0..0 FEB ; loCo 0~ ~ ~' "'~tWNG & ~9~ Project: Walker Branch Addition ~ Block 1, Lots 1R1 & 7 V Ai Project No. 544-8 RE: PS97-59 / Final Plat Attn.: Julia w: Skare, P.E. In response to your review comments dated January 30, 1998, (received by fax February 2, 1998) we offer the following responses: 1. Flood Plain A LOMR will need to be submitted to the City and forwarded to FEMA. with an as-built survey. There appears to be a discrepancy between the previous drainage study submitted and the FEMA. maps. The developer and Public Works staff agree on this approach. We concur. 2. Utility Easement The existing 10-foot utility easement has been shawn as a 15-foot utility easement. This easement should be 7.5 feet on both sides of the water line per the Design Manual. This needs to be resolved with the next submittal. The Surveyor has complied with this request 3. Visibility Easement The intersection of Grapevine Highway and Emerald Hills Way requires a comer clip easement. The easement needs to be clearly indicated as a 20- foot by 20-foot visibility, sidewalk and utility easement. This will need to be resolved with the next submittal. The visibility easement has been added. 4. ROW Dedication Grapevine Highway is designated as a P6D on the Master Thoroughfare Plan. A 120-foot ROW dedication is required The ultimate right-of- way requirement is a total of 60 feet from the existing centerline. It appears additional ROW will need to be dedicated with this plat. A 10-foot ROW dedication along Grapevine Highway has been shown. Sufficient iron pins need to be found and shown on the drawing with dimensions to verify the additional ROW for Grapevine Highway. The Surveyor has indicated the ROW monumentation and will verify the ROW width monumentation prior to final approval of the plat 5. Driveway Spacing The developer has agreed with Public Works that no additional driveway approaches off Grapevine Highway or Emerald Hills Way will be shown or permitted with the Replat. No new driveways are required. 10132 MONROE DRIVE DALLAS. TEXAS 75229 (214) 352-7333 FAX (214) 352-0999 e e e Julia W. Skare, PE / City of North Rich/and Hills February 3, 1998 Page 2 6. GPS Coordinates The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. The Subdivision Regulations require that all new plats be tied by survey to the GPS. The Final Plat needs to include the NAD83 Texas State Plan Coordinates for at least two property comers. Coordinates need to be determined by a survey tied to the City's GPS monuments. The Engineer / Surveyor has agreed to provide this information. GPS coordinates have been added to the plat. 7. Sidewalks The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks will need to be added to the construction plans for coordination purposes. Having the sidewalks shown on the street plans is important so that the utilities will not be constructed to interfere with the future sidewalk. The plans show existing sidewalks. Public Works has visited the site and sidewalks do not exist. The sidewalks are proposed and have been sh(}Wn on the Site Plan as proposed 8. Street LiJ!hting Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional street lights which may be required based on current ordinances will need to be coordinated with Public Works and TU Electric. The cost for installation of any additional street lights will be paid by the developer directly to TU Electric. The owner has agreed to provide the required street lighting. Street lighting will be coordinated with TU Electric. Please call if you have any questions. VlLBIG & ASSOCIA TES, INC. ¿~1;.f:s.4f c: ImsojJìce Iwinword\popeyes \544-8\pubwks3.doc/dc CITY OF N@RTH RICHLAND HILLS e Public Works January 30, 1998 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS97-59; WALKER BRANCH ADDITION; Block 1, Lots 1 R1 and 7 Final Plat We have reviewed the subject documents submitted to this office January 15, 1998. The following items are for your consideration. 1, FLOOD PLAIN A LOMR will need to be submitted to the City and forwarded to FEMA with an as-built survey. There appears to be a discrepancy between the previous drainage study submitted and the FEMA maps. The developer and Public Works staff agree on this approach. e 2. UTILITY EASEMENT The existing 10-foot utility easement has been shown as a 15-foot utility easement. This easement should be 7.5 feet on both sides of the water line per the Design Manual. This needs to be resolved with the next submittal. 3. VISIBILITY EASEMENT The intersection of Grapevine Highway and Emerald Hills Way requires a comer clip easement. The easement needs to be clearly indicated as a 20-foot by 20-foot visibility, sidewalk and utility easement. This will need to be resolved with the next submittal. 4. ROW DEDICATION Grapevine Highway is designated as a P6D on the Master Thoroughfare Plan, A 120-foot ROW dedication is required. The ultimate right-of- way requirement is a total of 60 feet from the existing centerline. It appears additional ROW will need to be dedicated with this plat. A 10-foot ROW dedication along Grapevine Highway has been shown. Sufficient iron pins need to be found and shown on the drawing with dimensions to verify the additional ROW for Grapevine Highway. e P.Q, Box 820609· North Richland Hills, Texas· 76182,0609 7301 Northeast Loop 820· 817-581-5521' FAX 817-656-7538 5, DRIVEWAY SPAGING The developer has agreed with Public Works that no additional driveway approaches off Grapevine Highway or Emerald Hills Way will be shown or permitted with the Replat. e 6, GPS COORDINATES The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. The Subdivision Regulations require that all new plats be tied by survey to the GPS. The Final Plat needs to include the NAD83 Texas State Plane Coordinates for at least two property corners. Coordinates need to be determined by a survey tied to the City's GPS monuments. The Engineer/Surveyor has agreed to provide this information. 7, SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks will need to be added to the construction plans for coordination purposes. Having the sidewalks shown on the street plans is important so that the utilities will not be constructed to interfere with the future sidewalk. The plans show existing sidewalks. Public Works has visited the site and sidewalks do not exist. e 8. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional street lights which may be required based on current ordinances will need to be coordinated with Public Works and TU Electric. The cost for installation of any additional street lights will be paid by the developer directly to TU Electric. The owner has agreed to provide the required street lighting. A few comments regarding engineering and construction plans are recorded on a set of blueline construction plans. These plans have been returned to the Engineer for revision. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up bluelines need to be returned with the next submittal. 4 - .~ JUli~ JWS\jcb\pwm98020 cc: Kevin B. Miller, P.E., Assistant Public Works Director Barry LeBaron, Director of Planning & Inspection Services Vilbig & Assoc,\10132 Monroe Drive\Dallas, Texas 75229 e e e e ,=rorr' Robe=rt "'I. Keniedy -0: Davl~ Vilbig Date: 11/1 ::9ì T me 20312 PM Page 2 ot 2 11/17/97 13;~8 /? .. "2. ,;)3 0656 ~002/002 WEITZMA.' GRot"? ctT! OF NORTR XICHLAND HILLS APPLICATION fOR REPLAT ..",........ ..... .. Propos~d l.egal Descriptionr Lo~s 5 & 6. Block 1 Walkeri] Branch Aððtion .. Previous Le.gal Description T.nt 1_'R r R 1 nck 1 Walkers Branch Addn. Owner of Record FWF ' :>rnp~rt ; P!!II, Tnc J aobhv Kennedv Add:eu /(P'f7f Dc, III1s. PW~ Phone No 'f7,J. - '15/ - 7t¡oa Prøv10us Owner JV~1r ( S Î~' ttJC D4CL4-S', 7Y ?S-Zt/;¡ . ..,. -'-"---- A.dd-ce.5$ '1Jhon~ No Dev;Üoper .s~~ ~~1I't. . F'WF' P/2LiPE/? no, ¡/l/c. /13086'1 KEJJNI::::..-LJ Y J b 4- 75 7)¿¡L¿t1 S p/J.a¡¿aJ4-<¡ ß Boo 7)¿Ju-/J-s / IX '1ð'Ztt ,[ (9'72) c:; 3 /- 7400 ^ddress Phon! No [ngineer/Pl.mnt:r V11 ~i g It. It qqnri R "eg. Inc I Kerry Hoefn~r. RPLS Address 1n1~2 Monroe Drive Dallas. Tx 15229 Fax (214) 352-0999 'Phone No (214) 3")2-1~33 Proposed Use Rp~hHl1"'ant CLot 5) P..e.pJ.~ t Fees $120.00 1.50 per lot for rasidenti~L 5.00 ~er ac~e for non-residential plus or r~vpû¡~~ ~~~ ! ! R~~i¿~n~ial No. of lots/acreS2ll:i.672 IX! Non-residential x $1.50/5.00= 30.00 + 120.00 Total Fee 1 C¡O 00 Copies R~quir~¿ 15''18' copies fOJ; Ple.nni{l¡l: and ZOl'lir.g 24 ccpios for City CCUDcil plus J Hy13rs (blnc~ ink) 2 Set5 NOn tiQ~ for consideration of thQ proposQd plAt th~ applic~nt limit for ~pproval or disapproval ~od ~~Te~~ that final tc\kL!n at any til1e t.1it:h1n 90 d~yc. ~u~.nt Coos:~cticn Pltns In a~dc'r to p~ovido waives ~ny ~t~tucnry ~ime ~ction by the City n3y b~ ùat. II. r?, ~ v CITY OF NORTH R/CHLAND HILLS . Department Public Works Subject: Reconsideration of Replat Requirement for State Plane Coordinates (G.P,S,) on Lot 3R-1-BR, Block 1, Martin Addition Council Meeting Date: 3/23/98 Agenda Number: PS 97-62 The owner of this lot has requested the City Council reconsider requiring him to provide State Plane Coordinates (SPC) for two corners of his property on the plat. The owner has stated he does not feel it to be necessary for him to pay the extra cost to the surveyor to have this provided to the City. Staff has required this of all plats since approximately 1993, The surveyors utilize the Global Positioning Survey (GPS) monuments located throughout the City to determine the SPC's at their lot. The coordinates help the City staff to easily and accurately locate the property in our Geographical Information System (GIS), We have noted with solid circles on the attached map the locations of seven (7) plats in the immediate area which were required to provide SPC's. Also shown are the locations of the GPS monuments in the area. The cost for supplying the SPC's has been estimated by the owner's surveyor to be $300.00 to $500.00. At staff's request, a local surveyor has estimated the cost for providing the SPC's at $600.00. Public Works feels this requirement is reasonable and is beneficial in helping staff keep an orderly and accurate database for the GIS. Recommendation: It is recommended that the City Council consider whether or not to waive the requirement for providing State Plane Coordinates for this plat. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget Other Account Number Sufficient Funds Ävallaole ~ Finance Director Page 1 of 1 J:1µ:ïJ 1 }:I~ ~- ...~~ ~fn1i! ~ - c .. '.11, " '.'.,li î~ J ù I"" -',,-'-"" ' - " , ~~,. , ' . Y'^t' í5"""'~""" ~ 1/.// '.~' . ~ .".,. .. ~____.,.-, ,....,. '" ' "'" _~=- <; _ A ~/' r-;~ _ ~ -t ' 'w-,,-,-:- ' -." -;ç /~ ,/, ; 1 ~L ~~-; /: - _;;;"þj' . ;: ' :, ': ; !~ . 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'Ì ~" ." 1 YH'-' " " . . "'""'" ../;.. I¡t±-: '; ; -; <--~D':ui:~9HT ':0,~ -.J:- ~ .u=u>uO . /' , II'", , . ~-:....J--;.J-.- ~ "._~!'î .,IT ~ ":::TW- , __ . ~ û L I" ,'-~' ~ ~, y ~ '-"" ,-LT' -.,..->. ."-'7 GE- ;Jí::i§~ \ . ; , ' i . r, ti . , ' . ~ ";'=\¡ rH-+-:0. i-'~'J»'-! ""tc; r"-/¥" -, . - 'l'I ~..''''' "'- ~ ¡ I I . 3=--' . . ~~ IIL:;'-- '-1,''-- ""\53 . cJ "" __ c¡"¡ Hi __.. ' <:::-:" _ . '~:": . ill · T ~",-, I, ill .2 __ 4i-J'111~ ___ ,~"" ~~. - ': ~,.: _.:: .! ~ --1 , ~ rn .... -;.:::::f- '. ,..;"u. ~.I, ·flIl:-..: ; --\-~ ' - ,'- ~ .' ~~~ ' . , ,"" '1~ Sf-1'- ¡.- ^~-"-., ,:'< - -.- è~,t ¡ .;. ~~- ~:: I - iJ.~ m... q:::¡ ¡-;.-. C . ''-MAe.' ,," · ,-,j J4{ Ge../...JTrZ..e-- -,_Lq LL"---i /"-, Tl N D'y>-( :', 'r· ¡ ¡, ,f -" -l;''':~:' ~_,___. .",r\-~ K. ' ,,<.~ . ~j ~Æ~' c, -",'.) 'T14' _. ~ "I, - <_o't,';'LUj' , ": \ , ----<,.....--.' "".' ~ ' , --.::' !! -----.::. - f= HV I: lc.:.. _ :: C: I' - - - -. ;..-- =- ~ :- t_ - .......f""7- -- . - ----=--... ---. -:~".J-0 :~'.~~".~~ ;/..~ý:)/ 4'\ ..~:..\/. ~...'---- .. I~ NJ .. - ,- - -,-, " , ï.\; \1 , , . ., ~_:L "'J -T -- ~ ~...-- ~ --' - =:¡ ! : ~. ,:-; .' ; .,;::. , '~ ¡$ÇK~~~~; e: i ; --- v~,~: -=-_ " ç.P.S~ 15í,~ ,-:,¡p - . --1- ~.~- '-i-= 1'1 ,". .G:~~~Y~53 :'E: '.. H - - ,~:. ,,-~.,=L.., ':. A. I! r ,-p-,~,~.! G~J\Æ\)\rJ~3-~'~ ,II r.T. ¡--tw'f ,)Z: - /;~: 1:- . _, ,_ '- _._.'~t' / ---~I I . 1000 CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 3/23/98 Subject: Public Funds Investment Policy - Resolution No. 98-14 Agenda Number: GN 98-28 The Texas State Legislature adopted the Public Funds Investment Act in August 1987. In accordance with that Act, City Council adopted the City of North Richland Hills' first investment policy in September 1987. The current policy was adopted June 9, 1997. Because of recent legislative changes to the Public Funds Investment Act, it has become necessary for the City to revise the investment policy currently in use. The revised policy makes several minor changes to comply with state law. Additional changes were made to address areas emphasized by the Municipal Treasurers Association's Model Investment Policy. The most significant changes are: · Quarterly investment reports must be prepared according to Generally Accepted Accounting Principles and be reviewed annually as part of the City's annual financial audit. · Investment training is required semi-annually for all investment personnel. · The maximum maturity of any investment (five years) is explicitly stated. Overall, this revised investment policy is designed in a manner responsive to the public trust and consistent with state and loeallaw. Recommendation: It is recommended that the City Council approve GN 98-28 and Resolution 98-14 Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ ,_ Other _ ~~~n.ture CITYCOUNC~ACnON"EM Fln..."ò DIf.cto; Page 1 of e RESOLUTION 98-14 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, THAT: 1. The City of North Richland Hills acknowledges the high priority of providing the necessary guardianship of public funds in the municipal sector. The City Council expressly intends to set high fiscal standards, delegate treasury and investment duties to appropriate officials, and to review the actual performance at regular intervals. The City Council hereby intends to implement investment requirements set forth in Tex. Rev. Civ. Stat. Ann., Art. 4413 (34c) and 2256. 2. The City Council has reviewed and approved the City's Investment Policy, including all revisions and changes required under state law or recommended by City staff. This Investment Policy replaces the investment policy dated June 9, 1997 The City Council has also reviewed and approved the City's Investment Strategy document, as prepared by the City's Investment Committee. e PASSED AND APPROVED this 23rd day of March, 1998. APPROVED Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, City Attorney APPROVED AS TO CONTENT: e La~~ ~ance e CITY OF NORTH RICHLAND HILLS INVESTMENT POLICY MARCH 23, 1998 e e TABLE OF CONTENTS . Preface Page I. Introduction and Objectives 1 II. Scope 1 III. Delegation and Restriction of Investment Authority 1 IV. Investment Committee 2 V. Investments 3 A. Authorized 3 B. Unauthorized 5 VI. Diversification 6 A. Securities Dealers and Banks 6 B. Investments 6 e VII. Safekeeping 7 VIII. Collatera I ization 8 IX. Investment Procedures 9 A. Approval of Broker/Dealers 10 B. Investment Transactions 10 C. Investment Reporting 10 D, Training 11 X. Prudence 11 XI. Ethics and Conflicts of Interest 12 XII. Arbitrage 13 XII I. Depositories 13 XIV. Investment Policy Adoption 15 e APPENDICES e Page A. City of North Richland Hills Ordinance 2079 16 B, Investment Bid Form and Security Information Worksheet 18 C. Broker/Dealer Questionnaire 20 D, Authorized Securities Dealers 26 E. Primary Dealers 27 F, PSA Master Repurchase Agreement 28 G. Public Funds Investment Act of 1997 34 H. Interlocal Agreements 55 e e · PREFACE "A public office is a public trust." Charles Sumner, 1872 If a public office is a public trust, then the trust must be administered properly. Public funds are acquired by governments largely through involuntary payments, particularly through taxation, In a modern democratic society, public officials are obligated to manage these funds in a disciplined manner. In most cases, laws govern the investment process. Laws alone however cannot compel public officials to a series of actions that assure the public's best interests, The actions of public officials responsible for investing public funds must be guided by knowledge, skills, systems, policies, procedures and confidence that can be described only as e professional discipline. It is the policy of the City of North Richland Hills that, giving due regard to safety and risk of investments, all available funds shall be invested in conformance with these legal and administrative guidelines, and, to the maximum extent possible, at the highest rates obtainable at the time of the investment. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of investment interest as a viable and material revenue to all operating and capital funds. Earnings from investments will be used in a manner that will best serve the interest of the City of North Richland Hills. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. e e CITY OF NORTH RICHLAND HILLS INVESTMENT STRATEGY STATEMENT e Adopted: June 9,1997 e e I. INTRODUCTION AND OBJECTIVES The purpose of this document is to set forth the specific investment policy and strategy guidelines for the City of North Richland Hills, All investment activity shall be consistent with state law as defined in Government Code 10 (Chapter 2256), kno'Ml as the Public Funds Investment Act (the Act) and local law and shall be made in accord with the following objectives in order of priority: security of investments and City funds preservation of capital and protection of principal maintenance of sufficient liquidity to meet operating needs diversification of investments to avoid unreasonable or avoidable risks maximization of the portfolio's yield within the City's investment risk constraints The City is required under the Public Funds Investment Act of 1997, Section 5, to adopt a formal written Investment Policy, This policy was adopted in 1987 to meet the requirements of the Act, and has been revised periodically to comply with updated state requirements, . Cash management is the process of managing monies in order in ensure maximum cash availability and maximum yield on short-term investments of idle cash. An aggressive cash management program and investment policy will be pursued by the Investment Officer to take advantage of investment interest as a viable and material revenue to all operating and capital funds. The City's portfolio shall be designed and managed in a manner responsive to the public trust. Earnings from investments will be used in a manner that will best serve the interests of the City of North Rich/and Hills, II, SCOPE This Investment Policy applies to all financial assets of the City of North Richland Hills in all current funds, any funds to be created in the future, and any other funds held in custody by the City, unless expressly prohibited by law or unless it is in contravention of any depository contract between the City and its depository bank. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: General Fund Speciallnvestioation Fund Insurance Fund Internal Service Fund Street Maintenance Fund Utility Fund Drainaoe Utility Fund Capital Improvements Fund Donations Fund Economic Development Fund . 1 Crime Control District Fund Golf Course Fund Parks and Recreation Development Fund Aquatic Park Fund Grant Fund Debt Service Fund III. DELEGATION AND RESTRICTION OF INVESTMENT AUTHORITY This investment policy and the outlining of investment practices and authorities is compiled in accordance with state legislation, Article 4413 (34c) which requires the adoption of rules governing investment and designation of an investment officer, and City Ordinance # 2079 which designates investment officers and provides prudent investment rules. Ultimate responsibility and authority for all investment transactions and cash management reside with the City Manager and the City's Finance Director. The Finance Director is also responsible for considering the quality and capability of staff to be involved in investment management and procedures. The Finance Director may delegate responsibility for the day to day investment activities to other qualified staff members, These staff members will be termed Investment Officers of the City. One of these Investment Officers will be designated the Primary Investment Officer by the Finance Director to conduct daily investment activity and prepare required investment reports, Investment Officers will not conduct any investment or banking activities involving City funds until a resolution or ordinance giving them authority to do so has been approved by the City Council of the City of North Rich/and Hills. All participants in the investment process shall seek to act responsibly as custodians of public trust. IV. INVESTMENT COMMITIEE There shall be established an investment committee to assist in monitoring the performance and structure of the City's portfolio. Members of this committee shall include the Director of Finance (as Chairman), and the Accounting Manager as permanent members. Additional members, numbering no less than three, will be appointed at the discretion of the Finance Director. The Primary Investment Officer will report to and make recommendations to the Investment Committee, but will have no vote concerning investment policy or suitability of investments. Any matters presented to the committee requiring a vote of the members shall be passed or denied by a simple majority, The Investment Officer or any other member of the committee shall have the power to call meetings of the committee. The committee shall meet no less than quarterly. 2 e The Investment Committee shall perform the following functions: A Approve the process of selecting authorized dealers, brokers, investment advisors, and safekeeping agents/custodians used by the City, B. Review the City's general portfolio activity and performance for compliance to this policy and recommend any changes or amendments to this policy to the City Council. C, Approve the Investment Strategy document, as prepared by the Investment Officer, This document is required by State law to be separate from the Investment Policy, The investment strategy will be a guide to the investment of all funds controlled by the City as described in Section" of the Investment Policy, The strategy is intended to adapt to changes in market conditions, D, Advise the Investment Officer as to recommendations regarding investment strategy and portfolio performance, E. Approve the purchase of any securities with maturities over two (2) years. e F. Immediately notify the Investment Officer of any information brought to their attention that materially affects the portfolio or the marketability of any investments purchased in accordance with the Investment Policy. G, Oversee the activities of the persons desiqnated to carry out investment transactions and inform the City Council of unaddressed concerns with the management of the City's investment portfolio, V. INVESTMENTS A Authorized Investments Within the guidelines provided by the Public Funds Investment Act, Government Code 10, Chapter 2256, and further restrictions imposed by local ordinances, the following are acceptable investments of the City of North Richland Hills. 1, Obligations of the United States, its Agencies, and Instrumentalities, 2. Direct Obligations of the State of Texas or its Agencies. 3, Collateralized Mortgage Obligations (CMOs) directly issued by an agency or instrumentality of the United States, the underlying security for which is e 3 guaranteed by an agency or instrumentality of the United States, 4, Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality of not less than A or its equivalent by a nationally recognized investment rating firm. 5. Certificates of Deposit issued by state or national banks or savings and loans domiciled in the state of Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or secured by obligations described in 1 through 4 above, and that have a market value of not less than the principal amount of the certificates. 6. Fully Collateralized Repurchase Agreements that are structured in compliance with the Public Funds Investment Act. A flexible repurchase agreement can be utilized for the investment of bond proceeds to meet projected cash flow expenditures, Repurchase agreements must be purchased through a primary govemment securities dealer, as defined by the Federal Reserve, or a financial institutions doing business in this state (see Appendix E for a current list of Primary Dealers). Repurchase Agreements will only be executed with counterparties that have signed a PSA Tri-Party Repurchase Agreement with the City. A sample PSA Tri-Party Repurchase Agreement is incorporated in this investment policy as Appendix F, 7. Bankers Acceptances issued by depository institutions of the United States with a maximum maturity of 270 days and a minimum credit rating of A-1 or P-1 by at least one nationally recognized rating agency, Acceptable instruments must be liquidated in full at maturity and be eligible as collateral for borrowing from a Federal Reserve Bank. 8. Commercial Paper issued in the United States by any corporation. Such instruments must have a maturity of less than 270 days and must either be rated A-1 or P-1 by two nationally recognized credit rating agencies or be recognized by one nationally recognized credit agency and be fully secured by an irrevocable letter of credit issued by a national or state bank. 9. Mutual Funds a, No-load Money Market Mutual Funds are acceptable investments provided they are reQistered and regulated by the Securities and Exchange Commission, have a dollar-weighted stated average maturity of 90 days or less, and maintain a stable net asset value of $1 per share, b, No-load Mutual Funds are acceptable investments provided they are 4 · regulated by the Securities and Exchange Commission, have a dollar-weighted average stated maturity of 90 days or less, maintain a stable net asset value of $1 per share, are continuously rated AAA by at least one nationally recognized credit rating agency, and conform to all requirements under the Public Funds Investment Act relating to the eligibility of investment pools to receive and invest funds of investing entities, (See Appendix G for the complete requirements for authorized Mutual Funds under the Act.) 10, Investment Pools e a. Investment Pools must provide the Investment Officer with an offering statement that contains specific and detailed information required by the Act, Additionally, the pool should provide transaction confirmations, detailed monthly transaction summaries and monthly performance reports to the Investment Officer. The specific requirements for authorized investment pools are detailed in the Public Funds Investment Act, Subchapter A, Section 2256.016 (See Appendix G, pp. 47 for specifics). Authorized pools must maintain a credit ratinQ of no lower than investment Qrade by at least one nationally recoQnized ratil1Q service. Investment Pools created to operate as a money market mutual fund must mark investments to market daily and maintain a net asset value of $1 per share with the market value per share between .995 and 1.005. b. In order to participate in an investment pool, the City Council must approve by resolution or ordinance a Participation Agreement or Interlocal Agreement to be executed with the State or Interlocal authority responsible for the investment pool. This agreement will specify the City's authorized representatives and the standard delivery instructions for fund transfers and information reports, (See Appendix H for approved interlocal agreements). B, Unauthorized Investments The following investment instruments are specifically not authorized: 1. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal (CMO derived Interest Only Strips). 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest (CMO derived Principal Only Strips), e 5 3. Collateralized Mortgage Obligations that have a stated final maturity date of greater than ten (10) years. 4. Collateralized Mortgage Obligations whose interest rates are determined by an index that adjusts opposite to the changes in a market index (Inverse Floaters). 5. Certificates of Deposit and other investments issued by Savings and Loans. 6. Share Certificates and other investments issued by Credit Unions. 7. Guaranteed Investment Contracts. VI. DIVERSIFICATION A. Securities Dealers and Banks Diversification of funds and investments must be accompanied by competitive bidding of all investments to assure diversification among securities dealers, Diversification is necessary to reduce the portfolio's credit and market risks, while helpinq the portfolio attain a market rate of return, The City shall seek to conduct its investment transactions with several competing, reputable investment security dealers and brokers to protect principal while achieving full advantage of the market. To assure diversification of financial institutions, business involving two party transactions (i.e. repurchase agreements, BA's, and Commercial Paper) with anyone investment broker should be limited to thirty percent (30%) of the par value of the total portfolio for any reporting period. In this way, a bankruptcy, receivership or legal action would not immobilize the City's ability to meet payroll, operating, or other expenses, It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. B. Investment Type Texas statutes authorize depositories and define allowable investment programs for municipal governments. The Texas City Depository Act (Article 2559-2599a, V.AT.C.S.) and the Public Funds Investment Act of 1995 (Article 842a-2, V.A.T.C.S.) are the primary legal influences upon City investment practices. It is the policy of the City to purchase only securities authorized by both the Public Funds Investment Act and Section VI. A of the City's Investment Policy, Market 6 e risk shall be minimized by diversification of investment types, The following limits, by instrument, are established for the City's total portfolio: e (1) Repurchase Agreements 50% (2) Certificates of Deposit 40% (3) U,S, Treasury Notes/Bonds/Bills 100% (4) U.S, Agencies and Instrumentalities 75% (5) Commercial paper 10% (6) Prime Domestic Banker's Acceptances 10% (7) State and Local Bonds and Notes 40% (8) Money Market Mutual Funds 80% (9) Mutual Funds 15% (10) Investment Pools 100% The maximum maturity of any qiven investment in the portfolio shall not exceed a final, stated maturity of 5 years from the date of purchase, Reductions in the size of the portfolio due to cash outflows may cause an investment type to exceed the maximum percentage allowed for that investment type, In such situations, securities will be sold to reduce the percentage to allowable levels only if no loss will be realized from the sale. If a loss will be realized, then the investment may be held to maturity. To a/low efficient and effective placement of proceeds from bond sales, a singular repurchase agreement can be utilized for the investment of bond proceeds, which exceeds the diversification limits, VII, SAFEKEEPING The laws of the State of Texas and prudent treasury management require that all purchased securities shall be held in safekeeping by either the City, a City account in a third party financial institution, or the City's safekeeping account in its designated depository bank. e 7 All securities owned by the City shall be held by a third party safekeeping agent, or in the Federal Reserve Bank, except for certificates of deposit that have FDIC insurance provided, For certificates of deposit with FDIC insurance, the City will hold the deposit receipt. Transfers of securities in safekeeping shall be processed with written confirmations, The confirmation will be used for documentation and retention purposes. One of the City's designated investment officers must approve release of collateral prior to its removal from the safekeeping account. It is the policy of the City that all securities rendered for payment will be sent "delivery verses payment" (DVP) through the Federal Reserve System, By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. VIII. COLLATERALlZATION Consistent with the requirements of State law, it is the policy of the City to require full collateralization of all City investments other than obligations of the United States and its agencies and instrumentalities. Collateral on investments shall be maintained by an appropriate third party safekeepinq aqent. as desiqnated by the City. This policy also applies to any deposits held in an approved depository in excess of the amount protected by FDIC insurance. According to the Public Funds Investment Act of 1995, Section 10(2), the City may invest in certificates of deposit that are fully guaranteed by the Federal Deposit Insurance Corporation (FDIC) or are secured by obligations listed in Section VI (A) (1- 4) of the Investment Policy. Certificates of deposit plus accrued interest up to $100,000 per bank do not need to be collateralized pursuant to this policy as long as FDIC insurance is provided. Certificates of Deposit in excess of $100,000, including accrued interest must be secured by approved collateral for the amount in excess of FDIC insurance. Collateral is valued at current market plus interest accrued through the date of the valuation. Collateral shall be marked to market no less than monthly to determine if adequate collateralization is being maintained. Repurchase agreement collateral must be maintained at the following levels, with respect to repurchase agreement par value plus accrued interest: 8 e e e Maturity of Collateral U,S, Treasury Securities Other Securities 1 year or less 1 year to 5 years Over 5 years 101% 102% 103% 101% 102% 104% Any collateral with a maturity of over 5 years must be approved by the investment committee in writing before the transaction is initiated. Collateralized investments often require substitution of collateral. Any broker or financial institution requesting substitution must contact the Primary Investment Officer, or in his absence any other authorized Investment Officer, for approval and settlement. The substituted collateral's value will be calculated and the substitution approved if its value is equal to or greater than the original collateralization level. The Finance Director, or an authorized designee, must give immediate notification of the decision to the bank or third party holding the collateral. Substitution is allowable for all transactions, but should be limited, if possible, to minimize potential administrative problems and transfer expense. The Finance Director may limit substitution and assess appropriate fees if substitution becomes excessive or abusive. Collateral shall be audited at least annually by the City's independent audit firm, and may be audited by the City at any time during normal business hours of the safekeeping party, The financial institutions with whom the City invests and/or maintains other deposits shall provide, as requested by the City, a listing of the City's certificates of deposit and other deposits at the institution and a listing of collateral pledged to the City marked to current market prices, The listing shall include total pledged securities with the following information: Name Type/description Par value Current market value Maturity date Moody's or Standard & Poor's rating (both if available) Under state law, Article 2560, Section (d) (V.AT.C.S.) substitution and release of 9 collateral must be approved by the governing body, City of North Richland Hills Ordinance # 2079 Section (3) delegates the investment officers' overall responsibilities to ensure that investment objectives are accomplished, and therefore the authority to release and substitute collateral as deemed necessary and reasonable within the guidelines of this policy, IX, INVESTMENT PROCEDURES In order to enhance total yield and fulfill the objectives of this policy, the investment profile will be directed towards an active versus a passive portfolio, The risk-return relationship will be controlled through the investment parameters, operating requirements, and guiding policies of the Council. Safety of principal is the foremost objective of this investment policy. Each investment transaction shall seek to avoid capital losses from security defaults or erosion of market value, In order to avoid capital losses occurrinq from market declines, the City monitors market prices throuqh a private financial firm. This financial firm provides dailv updates on financial markets and the value of the City's investments. The City will practice competitive bidding when purchasing all investments to guarantee the highest rate of return. The right is reserved to reject the most financially favorable bid if it is potentially disruptive to the investment strategy or portfolio composition of the City. The investment portfolio is desiqned with the objective to achieve a rate of return in excess of the hiqhest yieldinq investment pool in which the City is a participant. Additional benchmarks used in the evaluation of the performance of the City's portfolio are the three-month and six-month U.S, Treasury Bills, as applicable, qiven the portfolio's weiqhted averaqe maturity. A. Approval of Broker/Dealers It is the policy of the City to purchase securities only from those institutions on the City's approved list of broker/dealers and banks. All securities dealers must be registered and certified with the Texas State Securities Commission, National Association of Security Dealers (NASD) and Securities and Exchange Commission (SEC). An institution must complete a broker/dealer questionnaire, sign a certification stating that they have read the City's Investment Policy, be approved by the Investment Committee and added to the list of approved broker/dealers before any business can be transacted with the City, A blank broker/dealer questionnaire is included in Appendix "C." A current list of approved securities dealers and banks is included in 10 e Appendix "0," This list may be revised by the Investment Committee as the City's investment needs change. The investment committee shall also be able to limit the number of authorized securities dealers/banks doing business with the City as required, The Investment Committee shall annually review, revise, and adopt a list of ualified brokers that are authorized to en a e in investment transactions with the City. All banks authorized to sell securities to the City will be Federal Reserve member banks and must be approved by the Investment Committee, No investments will be placed with Savings and Loan institutions or Credit Unions, B. Investment Transactions All purchases and sales of securities must be on a competitive bid basis, A minimum of three bids must be obtained to ensure a competitive price for the transaction. All investment transactions must be approved by the Accounting Manager, or the Finance Director, or, in their absence, an authorized Investment Officer, Appendix "B" contains the Investment Bid Form and Security Information Worksheet necessary to provide documentation for all investment transactions, e All securities purchased shall require delivery on the settlement date to the City or its third party accounts on a DVP (delivery versus payment) basis, By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. C. Investment Reporting The Public Funds Investment Act of 1997 requires the preparation of quarterly management reports and an annual report of all investment transactions of the City to be presented to the City Council. City Ordinance # 2079 section (4) also requires an annual report be presented to the City Council. The Primary Investment Officer will prepare the required quarterly and annual reports for evaluating investment portfolio performance. The reports will be approved and signed by all members of the Investment Committee, The reports will include the following information, as required by the Public Funds Investment Act: - a summary narrative of investment activity and portfolio performance over the period - size and composition of portfolio at the beginning and end of the reporting period - list all investments according to the fund they were purchased from - beginning and ending book and market value for all securities held e 11 - beginning and ending book and market value for the total portfolio - all additions and changes to the market value during the period - state the compliance of the portfolio to the investment policy and the Public Funds Investment Act - rate of return - diversification of funds - total sales, maturities, and purchases - accrued interest - performance compared to an established benchmark These quarterly reports should be used along with the annual report to fully evaluate and explain market trends and adjustment of investment strategies to manage market fluctuations. The annual report will show on a fiscal year basis the results of the overall investment strategy. The Quarterly reports will conform to GAAP and be reviewed annually by the City's independent auditor, with results reported to Council. D, Training As required by the Act, all authorized Investment Officers must attend a training course that covers the requirements of the Act within one year of taking office or assuming duties. This training, provided by an independent source selected by the Investment Committee will include discussion of investment controls, security risks, and market risks. An additional 10 hours of investment training is required every two years for investment officers, x. PRUDENCE The standard of prudence to be applied by the investment officer shall be the "prudent investor" rule, which states: "Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived," It should be noted that, in a diversified portfolio, occasional losses are inevitable and must be considered within the context of the overall portfolio's return. In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall take into consideration the investment of all funds, or funds under the City's control, over which the investment officer had responsibility, rather than a consideration as to the prudence of a single investment; and lNhether the investment decision was consistent with the written investment policy 12 · of the City, The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported in a timely manner and appropriate action is taken to control adverse developments, The City shall provide for the defense and indemnification of any investment officer or investment committee member who is made party to any suit or proceeding, other than by actions of the City, or against lNhom a claim is asserted by reasons of their actions taken within the scope of their service as investment officers or appointed members of the investment committee, Such indemnity shall extend to judgements, fines, and amounts paid in settlement, of any such claim, suit or proceeding, including any appeal thereof. This protection shall extend only to members lNho have acted in good faith and in a manner which they reasonably believe to be in, or not Opposed to, the best interests of the City, XI. ETHICS AND CONFLICTS OF INTEREST e City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff should disclose to the City Manager any material financial investments in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An investment officer of the City who has a personal business relationship, as defined by the Public Funds Investment Act Of 1997. Section 2256.005 (I), with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree of affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship, A disclosure statement required under this section must be filed with the Texas Ethics Commission and the governing body of the City. XII. ARBITRAGE e The Tax Reform Act of 1986 provides limitations on the City's yield from investing tax- 13 exempt General Obligation and Revenue bond proceeds and debt service funds. These arbitrage rebate provisions require that the City compute earnings on investments from each issue of bonds on a periodic basis to determine if a rebate is required, To determine the City's arbitrage position, the city is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that lNOuld have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City, The rebate provisions state that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S, Treasury a rebate of any excess earnings, These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance, The City's investment position relative to the arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity, It is a fiscally sound position to continue maximization of yield and to rebate excess earnings, if necessary, XIII. DEPOSITORIES The Texas City Depository Act, Article 2559 through 2566a, prescribes procedures for selection of a city depository designating that both general-law and home-rule cities are "authorized to receive applications (as depository) for the custody of city funds from any banking corporation, association, or individual banker doing business within the city". This clause indicates that cities are not required to designate one central depository, The City of North Richland Hills will, through a request for proposals process, designate one or more banks as its primary depository(ies), This centralization is designed to maximize investment capabilities and minimize banking cost. The depository designation does not limit investment activity to one financial institution. The consideration the City of North Rich/and Hills will use to consummate a banking services contract will include: - Full service capabilities - Submission of financial statements and availability schedules - Collateralization of the total City funds on deposit in the bank - Statement of staff experience and equal opportunity employment practices - Cost of banking services Obtaining competitive proposals on the City's depository specifications will be the 14 e responsibility of the Finance Director, Selection of the depository shall be based on the institution's offering the most favorable terms and conditions for the handling of City funds (Article 2560, V,A.T.C,S,) and the services available to the City, The maximum term for a depository contract under State law is five years, The City's contract shall not exceed 5 years, An annual performance review will be conducted by the Investment Committee, Special banking needs may be contracted for by the City outside the depository contract if approved by City Council. If a depository does not meet the city's requirements in the banking services contract, the bank will be required to meet the requirements within six months or lose the depository contract. XIV, INVESTMENT POLICY ADOPTION The investment policy shall be adopted by ordinance or resolution of the City Cou-x::iJ. The policy shall be reviewed annually by the Investment Committee and the City Council. Any policy revisions that require enactment due to updates of applicable state or federal laws may be authorized by the City Manager. Any other significant revisions must be approved by the City Council. e e 15 Appendix A ORDINANCE NO, 2079 AN ORDINANCE OF THE CITY OF NORTH RICH LAND HillS, TEXAS PROVIDING FOR THE DESIGNATION OF INVESTMENT OFFICERS: PROVIDING FOR INVESTMENT RULES AND POLICIES: PROVIDING FOR MANAGEMENT REPORTS: REPEALING A PREVIOUS ORDINANCE: AND PROVIDING A SEVERABILITY CLAUSE Whereas, the City of North Richland Hills acknowledges the high priority of providing the necessary guardianship of public funds in the municipal sector; and Whereas, the City Council expressly intends to set high fiscal standards, delegate treasury and investment duties to appropriate officials, and to review the actual performance at regular intervals; and Whereas, the City Council hereby intends to implement investment requirements set forth in Tex. Rev. Civ. Stat. Ann., Art. 4413 (34c) and 2256, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS, Section 1. Investment Rules. That the following policies and guidelines be established as investment rules goveming the investment of focal funds: A. All City funds from various revenue sources shall be billed or requested as early as they are recognized, computed, and determined to be due to the City, B. Funds received by the City shall be deposited into the depository bank at the end of each business day or as early as practical operating circumstances will allow, C. All debts owed by the City shall be paid as of the date they come due and not before unless approval is given by the City Manager, D. Based on cash forecasts, all monies not required immediately to pay obligations shall be invested in an income producing instrument or account. E. All investment activities and procedures shall be govemed by a written investment policy. The Investment Policy is attached to this ordinance. Revisions to the Investment Policy required by updates to state and federal laws may be authorized by the City Manager. Any other significant alterations to the Investment Policy must be approved by the City Council. Section 2. Investment Objectives. The City's funds shall be invested in appropriate instruments in such a manner to ensure the safety of investments, retention of investment principal, maintenance of sufficient liquidity to cover operating needs, diversity of the portfolio, and maximization of yield. The preceding objectives are listed in order of priority. The City shall invest in instruments providing the highest rate of retum, as long as such investments do not conflict with the other priorities of the City's investment portfolio or statutes of this state 16 e e e Appendix A regulating investments of City funds, Section 3, Desiqnated Officials, The City Council hereby designates the Investment Officers of the City to be the City Manager and Finance Director, The City Manager and Finance Director will have the overall responsibility to ensure that investment objectives are accomplished and that the guidelines of the investment policy are followed, The Finance Director will designate staff members to administer the daily functions of managing the cash and investments of the City. These persons must be authorized as investment officers by a Resolution of the City Council before they are delegated any investment duties. Section 4, Manaqement Reports, At least quarterly the investment officers shall prepare a written report concerning the City's investment transactions for the preceding quarter, This report will describe in detail the investment position of the City at the end of each quarter. A report on investment activity for the fiscal year shall be presented as the report for the fourth quarter, The reports shall be signed by the City Manager, the Finance Director and all other authorized investment officers and presented to the City Council. Section 5, Repeal of Previous Ordinances. Ordinance No. 2076 is hereby repealed. Section 6, Severability. Provisions of this ordinance shall be, and they are hereby, declared to be severable; and should any portion of it be declared to be invalid for any reason by a court of competent jurisdiction, such holding shall not affect the remaining portions thereof, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS on this the 9th day of October, 1995, APPROVED: Tommy Brown, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney 17 CITY OF NORTH RICHLAND HILLS Trade Daterrime: Investment Account: Desired Security: Desired Par Value: Desired Maturity: Broker ¡¡~"','=5TMENT BID FORM Purchase: Sell: Accepted 1. 2, 3, 4, 5, Security Date Coupon YTM Transaction By: Approved By: D:\123files\~nvests\bidform.wk4 18 Appendix B -", e CITY OF NORTH RICHLAND HILLS SECURITY INFORMATION WORKSHEET Name of Security: CUSIP #: Coupon/Discount Rate: Yield to Maturity: Maturity Date: Par Value: Trade Date: e Settle Date: Principal + Accrued Interest: + Purchase Price: Safekeeping Account: 259091 Name of Broker: Time of Trade: Entered By: NationsBank Safekeeping: 1-800-657-9529 Fax: 704-386-0175 e 19 Appendix B Appendix C CITY OF NORTH RICH LAND HILLS BROKERlDEALER QUESTIONNAIRE AND CERTIFIC.-\ TION 1. Name of firm 2, Address: Local: National: }, Telephone number: Local: National: 4, Primary representative/manager/partner-in-charge Name Name Title Telephone no, Title Telephone no, 5, Is your firm a subsidiary of another firm? If yes, which firm? 6, Are you a primary dealer in U, S, Government securities? [ ] Yes [] No If so, for how long has your firm been a primary dealer? years 7, Is your firm an inventory dealer? Do you take a position in securities which you sell or buy? 8, What was your firm's total volume in U, S, Government and agency securities trading last year? Firm-wide $ Your loca! office $ Number of transactions Number of transactions 20 · e e Appendix C City of North Richland Hills BrokerfDealer Questionnaire 9, Which instruments are offered regularly by your local desk'ì [J T-bills [J BAs (domestic) [J Treasury noteslbonds [] Commercial paper [J GNNlAs [J Bank CDs [J HILMCs [J S & L CDs Other Federal Agencies (please specifY) Instrumentalities (please specifY) 10, Identity all personnel who will be trading with or quoting securities to our government's employees, Name Title Telephone Number Primary Alternate Alternate (Please attach résumés of the personnel listed above,) How long has the primary representative been an institutional governmental securities broker at the firm? I l. Is the firm and the account representative registered with the Texas State Securities Commission? If yes, for how long? Firm_ Representative_ 12, Which of the above personnel have read the City's investment policies? 13, Please indicate which agents of your firm's local offices currently are licensed, certified or registered, and by whom, Agent Licensed or registered bv 14, Please identity your public-sector clients in our geographical area who are most comparable to our government. Entity Contact person Te!ephone no Client since 21 Appendix C City of North Richland Hills Broker/Dealer Questionnaire 15, Is your firm a member of N AS 0') Yes No If not, why') 16, Place an "X' by each regulatory agency that your firm is examined by and/or subject to its rules and regulations: FDIC Comptroller of Currency SEC NYSE Federal Reserve System Other: (example: State Regulatory Agency) Multistate firms please note: It is not necessary to include regulatory agencies which do not have jurisdiction over your firm's activities in the State of Texas, 17, Have you obtained all required licenses to operate as a broker/dealer in the State of Texas? [ ] Yes [ ] No 18, To the best of your knowledge, has there been any "material" litigation, arbitration, or regulatory proceedings, either pending, adjudicated or settled, that your firm has been subject to within the last five (5) years that involved issues concerning the suitability of the sale or purchase of securities to institutional clients or fraudulent or unfair practices related to the sale of securities to an institutional client? If so, please describe each such matter briefly. For purposes of this question, proceedings are "material" if your independent accountant applying generally accepted accounting principles deterrrilnes that such proceedings required disclosure in your financial statements, ÎÎ · e e Appendix C City of North Richland Hills Broker/Dealer Questionnaire 19, Have any of the employees listed in item ten (10) ever had sanctions imposed due to any of the activities noted in item eighteen (IS)? Explain the outcome, case and/or case citation in an attached explanation, 20, Please include samples of research reports that your firm regularly provides to public-sector clients, 21, Please explain your normal custody and delivery process, Who audits these fiduciary systems? What reports, transactions, confirmations and paper trail will we receive? 22, Enclose a complete schedule of fees and charges for various transactions, 23, Please provide your firm's most recent certified audited financial statements, In addition, for those dealers preparing and submitting financial statements to the following organizations, please provide publicly available financial documents filed with these agencies for the most current reporting period: National Association of Securities Dealers Securities and Exchange Commission New York Stock Exchange Federal Deposit Insurance Corporation 24. Has your firm consistently complied with the Federal Reserve Bank's capital adequacy guidelines? As of this date, does your firm comply with the guidelines? Has your capital position ever fa11en short? By what factor (1.5x, 2x, etc.) does your firm presently exceed the capital adequacy guidelines? Include certified documentation of your capital adequacy as measured by the Federal Reserve standards. ..,,, _J Appendix C City of North Richland Hills Broker/Dealer Questionnaire 25, Describe the capital line and trading limits that supportllimit the office that would conduct business with our government. 26, If you are not a bank, please provide the following infonnation regarding your principal banking relationship, Bank Name Address Person to Contact Length of Relationship Te!ephone #- 27. Do you participate in the SrPC insurance program? rfnot, explain why not. 28, What portfolio infonnation do you require ITom your clients? 29, How many and what percentage of your transactions failed last month? Last year? 30, Describe the precautions taken by your £inn to protect the interests of the public when dealing with governmental agencies as investors, 24 e e e Appendix C City of North Richland Hills Broker/Dealer Questionnaire -CERTIFICATION- This certification is executed on behalf of the City of North Richland Hills (the Investor) and (the Business Origination) pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code (the Act) in connection \Vith investment transactions conducted between the Investor and the Business Origination, The undersigned Qualified Representatives of the Business Orgaruzation hereby certifies on behalf of the Business Orgaruzation that: 1. The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the Investor as such terms are used in the Public Funds Investment Act, Chapter 2256, Texas Government Code and ') The Qualified Representative of the Business Organization has received and re\.iewed the Investment Policy furnished by the Investor and 3, The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Orgaruzation and the Investor that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards, Qualified Representative of the Business Organization Signature Name Title Date 25 Appendix 0 City of North Richland Hills Approved Securities Dealers As of March 23, 1998 Securities Dealers First Southwest Company Merrill Lynch, Inc. Paine Webber, Inc, Gilford Securities, Inc. First Empire, Inc, Multi-Bank Securities, Inc, Morgan Keegan Inc, Griffin, Kubik, Stephens, & Thompson Everen Securities BankinQ Institutions NationsBank Texas First Simmons National Bank Commerce Bank Zions Bank First Tennessee Capital Markets Investment Pools T expool LOGIC 26 e PRIMARY SECURITIES DEALERS This page to be inserted when received, e e 27 Appendix E Ptlbfic Securities Association ;:'0 Broad St,eet, New York, NY 1000;:'-2373 ïeiephone (212) 809·7000 AP PE);"DIX F PSA MASTER REPURCHASE AGREEMENT Dated as of Between: and 1. Applicability From time to time the parties hereto may enter into transactions in which one party ("Seller") agrees to t,2nsfer to the other ("Buyer") secuíJties or financial instruments ("Securities") against the transfer of funds by Buyer, with a simultaneous agreement by Buyer to transfer to Selier such Secuílties at a date certain or on demand. against the transfer ot funds by SeHer, E:acn such transaction snail :,e referred [0 herein as a 'Transaction" and shall be governed by this Agreement. including any supplemental terms or conditions contained in Annex I hereto. unless othel"Nise agreed in writing. 2. Definitions (a) "Act of Insolvency", with respect to any party, (i) the commencement by such party as debtor of any case or proceeding under any bankruptcy, insolvency. reorganization. liquidation, disSolution or similar law. or such party seeking the appointment of a receiver, trustee, custodian or similar official for such party or any substantial part of its property, or (ii) the commencement of any such case or proceeding against such party, or another seeking such an appointment. or the filing against a party of an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970, which (A) is consented to or not timely contested by such p2~y, (B) results in the entry of an order for relief, such an appointment, the issuance of such a protective decree or the entry of an order having a similar eHecr. or (C) is not dismissed within 15 days, (iii) the making by a pa~y of a general assignment for the benefit of crec:iiors, or (iv) the admission in writing by a party of such par;y's inabili:y :0 pay such party's debts as they become due; (b) "Additional Purchased Securities", Securities provided by Seller :0 Buyer pursuant to Paragraph 4(a) hereof; (c) "Buyer's Margin Amount", with respect to any ïransaction as of any date, the amount obtained by application of a percemage (which may be equal to the percentage that is agreed to as the Seller's Margin Amount und¿r subparagraph (q) of this Paragraph). agreed to by Buyer and Seller prior to entering into the ïransaction, to the Repurchase Price for such Transaction as of such date; (d) "Confirmation", the meaning specified in Paragraph 3(b) hereof; (e) "Income", with respect to any Security at any time, any principal thereof then payable and all interest. dividends or other distributions thereon; (I) "Margin Deficit", the meaning specified in Paragraph ~(a) hereof; (g) "Margin Excess". the meaning specified in Paragraph 4(b) hereof; (h) "Market Value", with respect to any Securities as of any date, the price for such Securities on such date obtained from a generally recognized source agreed to by the par:ies or the most recent closing bid quotation from such a SQ~rce, plus accrued Income to the extent not included therein (other than any Income credited or transferred to, or applied [0 the obligations of, Seller pursuant to Paragraph 5 hereof) as of such date (unless contrary to õ7larket practice for such Securities): (i) "Price Differential", with respect to aí1Y ïransaction hereunder as of any date, the aggregate amount obtained by daily application of the Pricing Rate for such ïransaction to the Purchase Price for such Transaction on a 3ÔO day per year basis for the actual number of days during the period commencing on (and including) the Purchase Date for such ïransaction and ending on (but excluding) the date of determination (reduced by any amount of such Price Differential previously paid by Seller to Buyer with respect to such ïransaction); \ 28 " g.·97 e e e .-\?PE0iDIX ~ Ij) "Pricing Rat~", th~ p~r a1nUi71:J,;rcen:ag,; rate for c,;:er:ï1:nation of t:-:e ,:Jr;ce Differential; U<) "Prime Rat~', the prime rate of U,S, money center commercial banks as publishee in The '1/20// Str9:::t Jour:;a/: (i) "?urchase Date", the date on '....<":ich Pure,lased SecL.:rities ar,; trar:sfer¡ed by Seifer to Suyer; (m) "Purchase Price", (i) on the ,:Jurchase Date, tne price at which Purchased S:::curities are tr2ilsferred by Seller to Buyer, and (ii) thereafter, such price increased by the a:ï1oun: of any cas,1 t,?,nsfe,red by 3uyer :::: Seí!er pu,suan¡ to Paragraph ~(b) hereof and dec,eased by the a,":lount of any cash transferred by Seiier to Buyer pursuant to Paragraph 4(a) hereof or applied to reduce Seller's obligations under clause (ii) of Paragraph 5 hereof; (.1) "Purchased Securiti:::s", the Secu,ities transferred by' Seller to Buyer in a Transaction hereunder, and any Securities substituted therefor in accorcance '.'11th ?araçraph 9 hereof, The ter,7I "?urC,lased Securities" wil:1 respect to any ïransaction a1 any time also shall include Additional Purchased Securities delivered pursuant to ?aragraph 4(a) and shall excJude Securities retumed pursuanr to Paragraph 4(b); (0) "Repurchase Da:e", the date on which Seller is to repurchase the Purchased Securities froõ71 Buyer, inc!uding any date determined by application of the provisions of Paragraphs 3(c) or 11 hereof; (p) "Repurchase Price", the price at which Purchased Securities are to be transferred from Buyer to Selier uoo,', termination of a Transaction, which will be determine::: in each case (including TranSactions terminable u,Don demand) as the sum of the Purchase Price and the Price Differential as of the date of such deterr;¡ination, increased by any amou,lt determined by the application of the provisions of Paragraph 1 ¡hereof; (q) "Seller's Margin Amount", with respect to any Transaction as of any date, the amount obtained by application of a percentage (which may be equal to ¡he percer.taçe t,'lat is agreed to as the Buyer's ,\~argln Amount under subparagraph (c) of this Paragraph), agreed to by Buyer and Seller prior to entering Imo the Transaction, to the Repurchase Price for such Transaction as of such date, 3, Initiation; Confirmation; Termination (a) An agreement to enter ir.to a Transaction may be ,":lade Orally or in writing at the ir.i:iation of either Buyer or Seiler. On the Purchase Date for the Transaction, the Purchased Securities shall be transferred to Buyer or its agent against the transfer of the Purchase Price to an account of Seiler, (b) Upon agreeing to enter into a Transaction hereunder, Buyer or Seller (or bor.'1), as shall be agreed, shall promp!ly deliver to the other paï.y a written conflíma¡io,1 of each Transaction (a "Confirmation"). The Confirmation shall describe the Purchased Securities (inCluding CUSIP number. if any). identify Buyer and Seller and set foï.h (i) the Purchase Date, (ii) the PurChase Price, (iii) tne Repurchase Date, unless the Transaction is to be ter:71inable on demand. (iv) the Priciílg Rate or RepurChase Price applicable iO the TranSaction. and (v) any additional ter:71S or conditions of the Transac:ion not inconsistent with this Agreement. The Confirmation, together with this Agreeme,,:. shall constitute conclusive evidence of the terms agreed berNeen Buyer and SelIer with res;:¡ect to the Transaction iO which the Confirmation relates, unless with respect to the Confirmalion specific objectio" is made promptly after receipt thereof. In the event of any conflict between the terms of such Confirr;¡ation and this Agreement, ihis Agreement shall prevail. (c) In the case of Transactions terminable upon demand, such demand shall be made by Buyer or Seller, no later than such time as is customary in accordance wit,' :71arket practice, by telephone or otherwise on or prior to the business day on which such termination will be effective. On the date specified in such demand, or on the dale fixed for termination in the case of Transactions having a fixed term. termination of the Transaction will be effected by transfer to Seller or its agent of the Purchased Securities and any Income in respect thereof received by Buyer (and not previously credited or iransferred io, or applied to the obligations of. Seller pursuant to Paragraph 5 hereof) ac:ainst the transfer of the RepurChase Price to an account of Buyer. { - 4, Margin Maintenance (a) If at any time the aggregate Market Value of all Purchased Securities subject to all Transac!ions in which a particular paï.y hereto is acting as Buyer is less than the aggregate Buyer's Margin Amouni for all such TranSactions (a "¡\1argin Deficit"), then Suyer may by notice to Seller require Seller in such Transac!ions, at SeHer's option, io transfer to Buyer cash or additional Securities reasonably acceptable to Su,er ("Additional Purchased Secur¡(;es"), so thai the cash and aggregate Market Value of the Purchased Securi¡ies, including any such Additional Purchased Secunties, will thereupon equal or exceed such aggregate Buyer's ,\1argin ,';,7Iount (decreased by the amount of any Margin Deficit as of such date arising from any TranSactions in which such Buyer is acting as Seller), (::) II at any time th~ aggregate tw1arker Value of ail Purchased Securities subject to all Transactions in which a particular pan, :-:ereto is acting as Seller exceeds the aggregate Seiler's Margin Amount for all such TranSactions at such ri17:e (a "Margin =xcess"), t,'len Seller may by notice to Buyer require 8uyer in such TranSactions, at Suyer's Option, to !íansler cash or Purchased Securities to Seller, so that the aggregate Market Value of the Purchased Securities, after deduction of any such cash or a"y Purchased Securities so transferred, will thereupon not exceed such aggregate Seller's Margin Amount (increased by the amount of any Margin Excess as of such date arising from any Transactions in which such Seller is acting as Buyer). (fj Any cash transferred pursuant to this Paragraph shall be attributed to such Transactions as shaH be agree? upon by Buyer and Seller, '!c ";,PPE);'DIX ? (d) Seller and 8L:y~r may agr~e, witt'! respect to any or all Transactions here'.;~cer, that the respecti'¡e riç;:ïts of Buyer or Se:ie- (or both) t,;:ìce,- sL:bparagraphs (a) aí1d (0) of this ?:!íagra,:J:ì rTìay be exercised oniy where a Margin Deficit or ¡\1argin Excess exceeds a specified doliar amOunt or a sp~ci:ied percentage of the Re;:)Urchase Prices for st.:eh Transactions (which amount or percentage shal! be agreec ,0 by Buyer and Selier prior to entering into any such Transactions), (e) Seller and Buyer may agree, wi!h respect to any or all Transactions hereu~::~r, that the respecti'¡e rights of Buyer and Se!¡~r under subq2ragraphs (a) and (b) of this Paragraph to re:t.:ire the elimination of a Margin Deficit or a ,'<¡jar;:n ::xcess, 2S t:'e case may be, may be exercised whenever slJcn a Margin Deficit or Margin Excess exists with respect to a:ìY si,1g!e Transaction herel,;nd~r (calcu!ated w¡¡r~out regard to any o:h~r Transaction outstanding under this Agr~ement), 5. Income Payments Where a particular Transaction's term extends over an Income payment date on the Securities subject to that Transaction, Buyer shall, as the parties may agree with respect to such Transaction (or, in the absence of any agreement. as Buyer shall reasonably determine in its discretion), on the date such Income is payable either (i) transfer to or credit to the account of Seller an amount equal to such Income payment Or payments with respect to any PtJrchased SeCL:rities subject to such Transaction or (ii) apply the Income payment or payments to reduce the amount to be transferred to Buyer by Seller upon termination of ¡he Transaction. Buyer shalf not be obligated to take any action pursuant to the preceding sentence to the extent that such action would result in the creation of a Margin Deficit, unless prior thereto or simultaneously therewith Seller transfers to Buyer cash or Additional Purchased Securities sufficient to eliminate such lV,argin Deficit. ô. Security Interest Although the parties intend that all Transactions hereunder be sales and purchases and not loans, in the event any such Transactions are deemed to be loans, Seller shall be deemed to have pledged to Buyer as security for the performance by Seller of i:s obligations uncer each such Transaction, a."'.d shall be deemed to have granted to Buyer a security interest in, all of the Purchased Securities with resaect to all Transactions hereunder and all proceeds thereof. 7, Payment and Transfer Unless otherwise mutually agreed, ail transfers of funds hereunder shall be in immeciately available funds, All Securities transferred by one parcy hereto to the other party (i) shall be in suitable form for transfer or shall be accompanied by duly executed instruments of transfer or assignment in blank and sue." other documentation as the party receiving possession may reasonably request, (ii) shall ~e transferred on t'''e book-entry system of a Federal Reserve Sank. or (iii) shall be transferred by any other method mutually acceptable to Seller a:1d Buyer. As used herein wit,., respect to Securities, "transfer" is intended to have the sa:ï1e meaning as when used in Section 8-313 of the New York Uni~or;¡¡ Commercial Cede or, where a;:¡plicajle, i.1 a:'.y federal regulation governing transfers of the Securities, 8. Segregation of Purchased Securities To the extent required by applicab!e law, all Purchased Securities in the possession of Seller shall be segregated from other seC'-J~i,ies in its possession and shall be identified as subject to this Agreement. Segregation may be accomplished by appropriate identification on the boo~s and records of the holder, including a financial intermediary or a clearing corporation, jt:e to all Purchased Securities shall pass to Buyer and, unless otherwise agreed by Buyer and Seller, nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with the PurChased Securities or otherwise pledging or hypothecating the Purchased Securities, but no such transaction shall relieve Buyer of its obligations to transfer Purchased Securities to Seller pursuant to ?a~agraph~ 3, 4. or 11 hereof, or of Buyer's obligation to c~edit or pay Income to, or apply Income to the obligations of, Seller pursuant to ?arag~aph 5 hereof. Required Disclosure for Transactions in Which the Seller Retains Custody of the Purchased Securities Seller is not permitted to substitute other securities for those subject to this Agreement and therefore must keep Buyer's securities segregated at all times, unless in this Agreement Buyer grants Seller the right to substitute other securities, If Buyer grants the right to substitute, this means that Buyer's securities willlikefy be commingled with Seller's own securities during the trading day, Buyer is advised that. during any :~ac:r.g day that Buyer's securities are commingled with Seller's securities, they [wilir [may]" be subject to liens gran¡ed ~y Seller to [its clearing bank]" [third parties]"- and may be used by Selier for deliveries on other securities transactions, Whenever the securities are commingled, Seller's ëbi[ity to resegregate substitute securities tor Buyer will be subject to Seller's ability to satisfy [the clearing)' [anyr" lien or to obtain substitute securities. -, 'Languag'! to be used under 1 ì C,F.R, §~03A(e} I~ Se¡¡e~ is a government securi:ies :J~::¡"E'r or dealer other ::-:a:1 a financial institution, "Lai1gua~e:o be used under 1 ì C,F.R, §~C3,5(d) ,: Seiler is a financial ins:::u::::¡n, \ 30 9, Substitution A??E~DIX F . (a) Seller r.1ay, s:..:bjest to ag,-ee:-ner.t wi;~ 2:': acceptance 'Jy Buyer, s:":Jstitu:e G:her Sec:..:rities for any Purchased Securities, Suc,,, substitution s"aii be ,"7':2de !:iy transfer ~v Buyer of s:..;ch other Securities ë.na transfer to Seller of such ?'.1rchased Sect.:rities, ";~er sujstirution, ,he subs:¡,u,ed Securities s~all be Ceei7';ed to be ?urchased Securities. (b) In Transactions in which ¡he Selier ret3i"s custody of ?urchased Securities, ;he par.ies express!! agree that Buyer shall be deemed, for pU'-;Joses of SUJ:Jar3g.-ë.::;;' (3) of ,his ?aragrach to ha'Je agreed ¡o and accepted in this ";çreei7iei'1t substitution 'Jy Se::e.- ::;: other Sec'../,:¡es for ?urcnase: Sect..:.-iries; pro'li::ied, however, that such other Securities sna:i have a :'v1a'-~;er ValC1€ 2. le2s: eCL;ai [::; ::ïe ,\1ar:':e[ Value of :"e Purchased Securities for which they 3re sL;::st¡tu:ed, 10. Representations Each of Buyer and Seller represents a,1d w3rrams to the oUier that (i) it IS duly authorized to execute and deliver this Agreement, to enter into the Transac:ions contemplated hereunder and to perform its obliga:lons hereunder and has taken all necessary action to authorize such execution, delivery and performance, (ii) it will engage in such Transactions as principal (or, it aç;eed in writing in advance of any Transaction by the other party hereto, as agent for a disclosed principal), (iii) the person signing (his Agreement on its behalf is duly authorized to do so on its behalf (or on behalf of any such disclosed ;xincipai), (iv) it has o:Jrained all authorizations of any governmental bOdy required in connection with this Agreement and the T;ansactions hereunder and such authorizations are in full force and effect and (v) the execution, delivery and perfor~ance of this Agreement and the Transactions hereunder will not violate any law, ordinance, ch2r.er, by,law Or rule applicable to it or any agreement by which it is bound or by which any of its assets are affected, On the ?urchase Date for êny Transaction Buyer and Seller shall each be deemed to repeat a/I the foregoing representations made by it. 11. Events of Default In the event that (i) Seller fails to repurchase or Buyer fails to tra,-,sfer Purchased Securities upon the applicable Repurchase Date, (ii) Seller or Buyer fails, afTer one business day's notice, to cOmply with Paragraph 4 hereof, (iii) Buyer fails to comply with Paragraph 5 hereof, (iv) an Ac: of InSO/'Jenc! Occurs with respect to Seller or Buyer, (v) any representation made by Seller or Buyer shall have been incorrect or untrue in any materia! respect when made or repeated or deemed to have been made or repeated, or (vi) Seller or Buyer shall admit to the other its inability to, or its intention not to, perform any of its obligar1cns hereunder (each an "Event of Default"): (a) At the option of the nondefaulting pany. exercised by written notice to the defaulting party (which option shall be deemed to have been exercised, even jf no notice is given. imr.1ediately upon the OCcurrence of an . Act ot Insolvency). the Re~urchase Date lor each Tran,adon hereunder ,hall be caemed Immediately '0 Occur. (b) In all Transactions in which the cefaulting party is acting as Seller, if the nondefaulting par.y exercises or is deemed to have exercised the option referred !o in subparagraph (a) of tnis Paragraph. (i) the defau:ti,'1g party's obligations hereunder to repurchase all Purchased Securities in such Transactions shall thereupon become immediately due and payabie, (ii) to the extent permitted by a~plicable law. the Repurchase Price with respect to each such Transaction shall be increased by the aggregate amount obta¡;¡ed by daily application of (x) the greater of the Pricing Rate for such Transaction or the Prime Rate to (y) the Repurchase Price for such Transaction as of the Repurchase Date as determined pursuant to subparagraph (a) of this Paragraph (decreased as of any day by (A) any amounts retained by the nonde/aulLing par.y with respect to such Repurchase Price pursuant to clause (iii) of this subparagraph, (9) any proceeds froi.1 the sale of Purchased Securities pursuant to subparagraph (d)(i) of this Paragraph. and (C) any amounts credited to the account of the defaulting party pursuant to subparagraph (e) of this ?aragraph) on a 350 day per year basis for the actual number of days during the periOd from and including the date of the Event of Default giving rise to such option to but excluding the date of payment of the Repurchase Price as so increased. (iii) all Income paid after such exercise or deemed exercise shall be retained by the nondefaulting par.y and applied to the aggregate unpaid Repurchase Prices owed by the defaulting par.y, and (iv) the defaulting party shall immediately deliver to the nondefaulting party any Purchased Securities subject to such Transactions then in the defaulting party's possession, (c) In all Transactions in which the defaulting par1y is acting as Buyer, upon teneer by the nondefaulting party of payment of the aggregate Repurchase Prices for all such Transactions. the defaulting party's right. title and interest in all Purchased Securities subject :0 such Transactions shall be deemed transferred to the nondefaulting party, and the defaulting pariy shall deriver all such Purchased Securities to the nondefaulting party. (d) After one business day's notice to the defaulting party (which notice need not be given if an Act of Insolvency shall have occurred, and which may be the notice given under subparagraph (a) of this Paragraph or the notice referred to in clause (ii) of the first sentence of this Paragraph). the nondefaulting party may: e (i) as to Transactions in which the defaulting party is acting as Seller, (A) immediately sell, in a recognized market at such price or prices as the nondefaulting pany may reasonably deem satisfactory. any or all Purchased Securities subject to such Transactions and apply the proceeds thereof to the ag~regate unpaid Repurchase Prices and any other amounts owing by the defauiting party hereunder -, "') 1 -'. AP?ENDIX r- or (8) in its soie discretion eject. in lieu 0; se!ling all or a pon:on 0: such Purc;,ased Secur;~ies, to ç;'¡e the defaultina parTY credit for such P:.¡rchaseC: Securities in an ar:ount equal to ,he price :;-,erefor 0:1 sL.:c.'1 date, obt~ined 'from a genera¡ly recognizeç source or the i7':ost ."ecent closing bid quotation fro.., s:.:ch a source, against the aggregate unpaid Repu."chase Prices and any other amounts owing :;.1 the def2.ui¡ing party hereunder; and (ii) as to Transactions in which t~e defaulting pai.y is acting as Buyer, (A) purchase sect,;rities ("Replacement Securities") of the sa..,e c:ass and amount as any Purchased Securi,;es that êr,; not delivered by the defaulting p2.ny to the nondefaulting par¡y as reouired herel1nder or (8) in its sole discretion elect. in lieu of purchasing Flepiac:ement Sec:u:ities, to :e teemed to have purchased Repiace..,ent Securities at the price therefor on such dace, obtained from a generally recognized SOl1rce or the r;¡ost recent closing bid quotation from such a source, (e) As to Transactions in which the 'defaulting party is acting as Buyer, the defaulting party shall be ¡iable to the nondefau/ting party (i) with respect to Purchased Securities (otherthan Additional Purchased Secur¡~ies), far any excess of the price paid (or deemed paid) by the :1ondefau!¡ing pany for Replacement Securities therefor over the Repurchase Price for such Purchased Securities and (ii) with respect to Additional Purchased Securities, for the price paid (or deemed paid) by the nondefaulting party for the Replacement Securities therefor, In addition, the defaulting party shall be liable to the nondefaulting party for interest on such remaining liability with respect to each such purchase (or deemed purchase) of Replacement Securities from the date of such purchase (or deemed purchase) until paid in ful/ by Buyer, Such interest shall be at a rate equal to the greater of the Pricing Rate for such Transaction or the Prime Rate, (f) For purposes of this Paragraph 11, the Mepurchase Price for each Transaction hereunder in respect of which the defaulting party is acting as Buyer shall not increase above the amount of such Repurchase Price for such Transaction determined as of the date of the exercise or deemed exercise by the nondefaulting pai.y of its option under subparagraph (a) of this Paragraph. (g) The defaulting party shall be liable to the nondefat,;lting party for the amount of all reasonable legal or other expenses incurred by the nondefaulting pa..y in connection wi¡h or as a consequence of an Event of Default. together with interest thereon at a ra~e equal to the greater 01 the Pricing Rate for ¡he relevant ïransaction or the Prime Rate. (h) The nondefaulting party shall have, in aCdition to its rights hereuncer, any rights otheMise available to it under any other agreement or applicable la'.v, 12. Single Agreement Buyer and Seller acknowledge that. and ~ave entered hereinto and will enter into each Transaction hereunder in consideration of and in reliance upon the fact that. all Transactions hereunder constitute a sir.gie bt.;siness and contractual relationship and have :een made in consideration of each other, Accordingly, each of 3uyer and Seller agrees (i) to perfor.., all of its obligations in respec:t of each Transaction hereunder. and ,~at a default in the performance of any such obligations shall constitute a default by it in respect of a:1 ïransactions hereunder, (ii) that each of them s;¡all be entitled to set off claims and apply property held 'Jy them in respect of any Transaction against obliça:ions owing to them in respect of any other Transac¡¡o~s hereunder and (iii) that payments, deliveries and o¡her transfers made by either of them in respect of any Transaction shall be ceemed to have been made in consideration of ~ayments, deliveries and other transfers in respect of any other Transactions hereunder, and the obligations to ma;':e any such payments, deliveries and other transfers may be applied against each other and netted, 13, Notices and Other Communications Unless ~¡nother address is specified in writing by the respective party to whom any notice or other co..,- mU:ïication is to be given hereunder, all suCh notices or communications shall be in writing or confirmed in writing and delivered at the respective addresses set forth in Annex II attached hereto. 1 ¿, Entire Agreement; Severability ïhis Agreement shall supersede any existinç agreements between the pai.ies containing general ter:ns anc conditions for repurchase transactions, Eac;, provision and agreement herein shall be treated as separate and independent from any other provision or agreer.1ent herein and shall be enforceable notwi¡hstanding (~e unenforceability of any such other provision or agree..,ent. 15, Non-assignability; Termination ïhe rights and obligations of the p2i.ies unde. this Agreement and under any Transaction shall not be assiçned by either party without the prior written consent of the other pany, Subject to the foregoing. this Agreement and any Transactions shall be binding uoon and shall inure to the benefit of the par1ies and their respective successors and assigns, This Agreer.1ent may be cancelled by either party upon giving wri"en notice to the other, except that this Agreement shall. notwithstanding such notice, remain applicable to any Transactions then outstanding. \ ., ~") -1. ~ 5. Governing Law Tnis Agreement shail be governes ::y the laws of 'he StaTe of New York without çi'.;inç e:7ect to :he cantlic! of law principles thereof. .-\??E:SDIX F . 1 ì. No Waivers, Etc. No express or imolied waiver of any ::vent of Default by either party shall consti¡ute a waiver of 2;~y oiher Event of Default and 00 exercisa of any cemedy hereunder by any "arty shell co.,,:i:uta a "'ai"ar of f" "go: to exercise any other remedy hereunder, No modificatio.î or waiver of any provision of ¡his Açreemer:: ",id no consent by any party to a departu;-e herefrom shall be eHec!ive unless and until such shall be in wri:;nç and duly "executed by both of Iha pa"ies heCelD" Withoul ¡¡miletion on e",y 01 the fore9a,n9. <he 'ailuce " ,i,e a notice pursuant to subparagraphs ~(a) or ~(b) hereof will not constitute a waiver of any right tQ co so 2: a la,er date, ., B, ' Use of Employee Plan Assets (a) If assets of an employee benefit plan subject [0 any provision of the Employee Retirement ¡,.,come Secuhty Act of t g 74(" ERISA') are in lended to be used by eithe< pa"y herela (the" PI en Pa"y"'J in a TransWion. the Plan Party shall so notity the other party prior to the "ansaction" The Plan Pa"y shall represent i., writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may prQceed in reliance thereon but shall not be required so to proceed, (b) Subject to the last sentence of subparagraph (a) of this Paragraph, any such Transaction shall pr:Jceed only if Seller furnishes or has furnished to Suyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition, (c) By entering into a Transaction pursuant to this Paragraph, Seller shall be deemed (i) to represent to Buyer that since the date of Seller's latest such financial statements, there has been no material ac',¡erse change in Seller's financial condition wh'ch Selle' has nOI disclosed 10 Buyer. and Iii) to agree to provide Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as I! is a Seller in any outstanding Transaction involving a Plan ParTy. e 19. Intent (a) The parties recognize that each Transaction is a "repurchase agreement" as that term is defined in Section to 1 at Title t 1 of the United States COde. as amended (excep I inso far as the type 0' Secu rifies S'"ject to such TranSaction or the term of such Transaction would render such definition inapplicable). and a "securities contract" as that term is defined in Section 7~1 of Title 11 of the United States Code. as amended. (b) Jt is understOOd that either part'¡'s right to liquidate Securities delivered to it in connection with Transac:ions he'eunder or to exe'cise any other remedies pursuant 10 Pmgraph t 1 hereo'. is a contraclual r'got to licuice" such Transaction as described in Sections 555 and 559 of Title j 1 of [he United Srates COG'.:. as amenC;:d, 20. Disclosure Relating to Certain Federal Protections The parties acknowledge that they have been advised that: (a) in the case of Transactions in which one of the parties is a broker or dealer reçistered wi!h .he Securities and Exchange Commission ("SEC") under Section 15 of the Securities Exchange Act of i S3~ ("193~ Act"), the Securities Investor Protection Corporation has taken the position that the provisio:-;s of the Secu,ities Investor Proteclia., Act of t 970 ("SIPA') do not prOtec, Ihe Olhe, pa"y with ,"spect to 2.,y Transaction hereunder; (b) in the case of TranSactions in which one of the parties is a government securities broker or a go·.;ernrTJent securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and (c) in the case of Transactions in which one of the parties is a financial institution, funds held by ::,e financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not inSL:red by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance CorpOration or the National Credit Union Share Insurance ~und, as applicable [Name of Party] [Name of Party] -, e By By Title Title Date Date \ 33 Appendix G TEXAS GOVERNMENT CODE CHAPTER 2256. PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES Sec. 2256.001. SHORT TITLE. This chapter may be cited as the Public Funds Investment Act. Sec. 2256.002. DEFINITIONS. In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2) "Book value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; (B) liquidity; and (C) yield. (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body, politic, or 34 Appendix G . instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities, (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source premium or discount quoted on the valuation date, (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (1 O)"Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (8) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; or e (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool. (11 )"School district" means a public school district. (12)"Separately invested asset," means an account or fund of a state agency or local government that is not invested in a pooled fund group. (13)"State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Sec. 2256.003. AUTHORITY TO INVEST FUNDS; ENTITIES SUBJECT TO THIS CHAPTER. Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: e (1) a local government or municipality; 35 Appendix G (2) a state agency or a county; (3) a school district; (4) a district or authority created under: (A) Article III, Section 52(b)(1) or (2), of the Texas Constitution; or (B) Article XVI, Section 59, of the Texas Constitution; (5) an institution of higher education; (6) a hospital district; (6) a nonprofit corporation acting on behalf of a local government or a state agency an entity listed in Subdivisions (1) through (6); or an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities; (7) a public funds investment pool created under Chapter 791 acting on behalf of a combination of entities listed in Subdivisions (1) through (6) . Sec. 2256.004. APPLICABILITY. This subchapter does not apply to: (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995; (4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; or (5) a deferred compensation plan that qualifies under either Section 401 (k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended, Sec. 2256.005. INVESTMENT POLICIES; INVESTMENT STRATEGIES; INVESTMENT OFFICER. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. 36 e e e Appendix G (b) The investment pOlicies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; (8) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar-weighted average maturity allowed based on the stated maturity date for the portfolio; (0) methods to monitor the market price of investments acquired with public funds; an (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis. (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: 37 Appendix G (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (5) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity or until termination of the person's employment by the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is relate within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment 38 Appendix G e officer's entity shall file a statement disclosing that relationship, A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity, For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. U) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. e (k) A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity. For purposes of this subsection, a business organization includes investment pools. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowfedged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (I) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). e (m) An investing entity, in conjunction with its annual financial audit, shall perform 39 Appendix G a compliance audit of management controls on investments and adherence to the entity's established investment policies, State agencies shall report the results of the audit performed under this subsection to the state auditor, The state auditor shall compile the results of reports received under this subsection and annually report those results to the legislative audit committee, Sec. 2256.006. STANDARD OF CARE. (a) Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; liquidity; and yield, (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Section 2256.008. INVESTMENT TRAINING; LOCAL GOVERNMENTS. (a) The treasurer, the chieffinancial officer if the treasurer is not the chief financial officer and the investment officer of a local government shall: (1) attend at least one training session relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) attend an investment training session not less than once in a two-year period and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government (b) Training under this section must include education in investment controls, 40 e e - Appendix G security risks, strategy risks, market risks and compliance with this chapter. Sec. 2256.009. AUTHORJZED INVESTMENTS: OBLIGATIONS OF, OR GUARANTEED BY, GOVERNMENTAL ENTITIES. (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (1) obligations of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and its instrumentalities; and (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. (b) The following are not authorized investments under this section: (1) obligations whose payment represents the COupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash fJow from the underlying mortgage-backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. 41 Appendix G Sec. 2256.010. AUTHORIZED INVESTMENTS: CERTIFICATES OF DEPOSIT AND SHARE CERTIFfCA TES. A certificate of deposit is an authorized investment under this subchapter if the certificate is issued by a state or national bank domiciled in this state, a savings bank domiciled in this state, or a state or federal credit union domiciled in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. Sec. 2256.011. AUTHORIZED INVESTMENTS: REPURCHASE AGREEMENTS. (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a), and (3) requires the securities being purchased by the entity to be is pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and or approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state a bank domiciled in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a)(1), at a the principal and interest of which are guaranteed by the United States in market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. 42 Appendix G e (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered, (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Sec. 2256.012. AUTHORIZED INVESTMENTS: BANKER'S ACCEPTANCES. A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and e (4) is accepted by a bank organized and existing under the lalNS of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. Sec. 2256.013. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-1 or P-1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the lalNS of the United States or any state, Sec. 2256.014(a). AUTHORIZED INVESTMENTS: MUTUAL FUNDS (a) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: - 43 Appendix G (1 ) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U,S,C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U,S,C, Section 80a- 1 et seq.); (3) has a dollar-weighted average stated maturity of 90 days or fewer; and (4) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 80 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in money market mutual funds described in Subsection (a) or mutual funds described in Subsection (b), either separately or collectively; (2) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (3) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (4) invest its funds or funds under its control, including bond proceeds and 44 · e e Appendix G reserves and other funds held for debt service, in anyone mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Sec. 2256.015. AUTHORIZED INVESTMENTS FOR STATE AGENCIES GUARANTEED INVESTMENT CONTRACTS. (a) A guaranteed investment contract is an authorized investment for state agencies for bond proceeds under this subchapter if the guaranteed investment contract (1) has a defined termination date; (2) is secured by obligations described by Section 2256,009(a)(1), excluding those obligations described by Section 2256,009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and 45 Appendix G (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Sec. 2256.016. AUTHORIZED INVESTMENTS: INVESTMENT POOLS. (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and 46 Appendix G e withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, dollar-weighted average maturities, and expense ratios, (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (8) the current dollar-weighted average maturity, based on the stated maturity date, of the pool; e (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (/) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular, (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. e 47 Appendix G (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Security and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1,005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. Sec. 2256.017. EXISTING INVESTMENTS. An entity is not required to liquidate investments that were authorized investments at the time of purchase. Sec. 2256.018. ADVISORY BOARD OF INVESTMENT POOLS. (a) An investment pool other than a pool described by Subsection (b) shall establish an advisory board composed of participants in the pool and other persons. (b) A public funds investment pool created under Chapter 791and managed by a state agency shall establish an advisory board composed equally of participants in the pool and other persons who do not have a business relationship with the pool. A board member must be qualified to advise the pool. 48 Appendix G e Sec. 2256.019. RATING OF CERTAIN INVESTMENT POOLS. A public funds investment pool must be continuously rated no lower than AM or AM-m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days, Sec. 2256.020. AUTHORIZED INVESTMENTS: INSTITUTIONS OF HIGHER EDUCATION. In addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501 (f), Internal Revenue Code of 1986 (26 U,S.C. Section 501 (f)); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency; and e (2) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories, Sec. 2256.021. EFFECT OF LOSS OF REQUIRED RATING. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Sec. 2256.022. EXPANSION OF INVESTMENT AUTHORITY. Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor. Section 2256.023. INTERNAL MANAGEMENT REPORTS. (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period, e 49 Appendix G (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (A) beginning market value for the reporting period; (8) additions and changes to the market value during the period; (C) ending market value for the period; and (0) fully accrued interest for the reporting period; (4) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; (5) state the maturity date of each separately invested asset that has a maturity date; (6) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (7) state the compliance of the investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency's or local government's investment policy; and (8) relevant provisions of this chapter. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor. 50 Appendix G e Sec. 2256.024. SUBCHAPTER CUMULATIVE. (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency. a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass-through certificates and individual mortgage loans that may constitute an investment described in Section 2256. 009(b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; e (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Sec. 2256.025. SELECTION OF AUTHORIZED BROKERS. The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Sec. 2256.026. STATUTORY COMPLIANCE. All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations. SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2256.051. ELECTRONIC FUNDS TRANSFER. Any local government may use electronic means to transfer or invest all fund collected or controlled by the local government. Sec. 2256.052. RULES GOVERNING INVESTMENT. Each state agency or political e subdivision shall adopt rules governing the investment of its local funds, including rules 51 Appendix G specifying the scope of authority of officers and employees designated to invest local funds. Sec. 2256.053. INVESTMENT RATE OF RETURN. A state agency, political subdivision, or investment pool shall invest its local funds in investments that: (1) yield the highest possible rate of return; (2) protect the principal; and (3) are consistent with the operating requirements of the agency, subdivision, or pool as determined by the governing body. Sec. 2256.054. DESIGNATION OF INVESTMENT OFFICER. (a) Each state agency or political subdivision shall designate, by rule, order, ordinance, or resolution, one or more officers or employees of the agency, subdivision, or investment pool to be responsible for the investment of its local funds. (b) Subsection (a) does not apply if an officer of the agency or subdivision is assigned by law the function of investing its local funds, (c) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (a). Sec. 2256.055. EXPRESS AUTHORITY REQUIRED. A person may not deposit, withdraw, invest, transfer, or manage in any other manner local funds of a state agency or political subdivision without express written authority of the governing body or chief executive officer of the agency or subdivision. Sec. 2256.056. LEGAL TITLE IN INVESTMENT POOL. A political subdivision by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. Sec. 2256.058. PRIVATE AUDITOR. Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Sec. 2256.059. EFFECT OF OTHER LAW. This subchapter does not: 52 Appendix G e (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. Sections 2256.060-2256.100 reserved for expansion SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT OF SECURITIES PURCHASED BY STATE Sec. 2256.101. AUTHORIZED INVESTMENTS; APPLICATION OF INCOME. (a) A board or agency of the state that may direct the investment of funds of the board or agency may invest those funds in: (1) direct obligations of the United States; (2) obligations the principal and interest of which are guaranteed by the United States; e (3) direct obligations of or participation certificates guaranteed by: (A) a farm credit bank; (8) the Federal National Mortgage Association; (C) a federal home loan bank; or (0) a bank for cooperatives; (4) certificates of deposit of a bank or trust company, the deposits of which are fully secured by a pledge of securities described by Subdivisions (1) through (3); (5) other securities made eligible for investment by other law or the constitution; or (6) a combination of securities described by Subdivisions (1) through (5). (b) The board or agency shall direct the application of income from investments under this section. Sec. 2256.102. PAYMENT FOR SECURITIES PURCHASED BY STATE. The e comptroller, the state treasurer, or the disbursing officer of an agency that has the powoer S3 Appendix G to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid, A purchase of securities may not be made at a price that exceeds the existing market value of the securities, Sec. 2256.103. DELIVERY OF SECURITIES PURCHASED BY STATE. A security purchased under this chapter Section 2256,102 may be delivered to the state treasurer, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Sec.2256.104. DEPOSIT OF SECURITIES PURCHASED BY STATE. At the direction of the state treasurer or the agency, a security purchased under this chapter Section 2256.102 may be deposited in trust with a bank or Federal Reserve Bank or branch designated by the treasurer, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Sec. 2256.056. COMPLIANCE WITH OTHER LAWS. Notwithstanding any other law, a municipality with a population of less than 50,000 may not issue for any purpose or cause to be issued in its behalf any installment sale obligation or lease-purchase obligation having the principal amount of $1 million or more without complying with the provisions of Section 3.002, Chapter 53, Acts of the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes), regardless of whether the obligation was issued individually or in a series of related transactions, or whether the obligation was issued with no recourse to the local government. 54 1 ~' 1 , II .. r J J r - ,J _1 I,. 11 11 11 11 ( '1 11 1 1- \ \ 1 ..;, P ? ¿ ); D r x H ~so::-"?::;: :\:J. , ~ ~;:2¿;:\.s , t.he s:olidcal suCèivision ~reà to deleçate inv'est funds 2..'1d to 2.'::t. as investment f::"ds; 2.."1d ç.~2A.S, it .L~è:abi ta.."1ts t.o .L"1vest :xJssible ra-::e or retu..-n ',.7èile or ~~e ?::-inci.?2.1; 2.I'.d Cit:/ 0: 0:0_ _~ 0: t..~e State of to a ::t.:.blic f..:.-:ds Ric;;la.. ....à :{ills 1.5 ?~¡ï. è.çe~c:/ t?2.~ici.~,~") a::d 1.S to T-e:-:è.S (the 0::- i:1\/9St::":e:; : ::col ~~e aut~c= i ty ::L1stcèi2-L of i::vese:-en::s ;:' '''::- C ha s e-:: ;.,~.~~ local lS ~.., le<:al ::':'~e 2€st inte=est 0: ~~e ?a~~~i..~...:LLt :;..:.-:è,S i::. in"'-est::';e¡;ts t..~a:: 'v'ielè t..:"'c h,:,g;;est ~::-oviè.L....g ~eces.s~-~ sare~ee?i::g a......d ?ro::ection ~~d i....- - --'=> ¡.~-:::?¿;s, t..'1e Treasurer 0: t..~e State of Texas :::cting :::'/ a.-:d :..:""':-ough the Texas T=aasU1oV Sa fe,,,,,?.£. 'ô T:-¡;s ~ CC>'?-C' Y ( th a ..~"S t Co.,?,",;." I ha. created "Tex?col", a pt.:blic fL:':.ès ir:ves~n:: ;:col to effectuate t.."'e ç0è.ls of ?::ovidir.g '£"''estænts at ti:e highest ;:ossib~e yie~è "',è c-aint.e'£',iog """"lete safet.y of t.~e funds of t.~e ?a:: ~ci?2.Ir:, ~D'¡ T:~~, œ 1.: resolved as :0110..."5: 1 That aCCount 1.:1 Im-est::'ent local 8-=:ès -:"'~e City 0: ~.:O=-t. ~ ?.i.c:'Üa:'è ::i11s ~s t Ca::;:¿,n y , s i ~s ~2:Te ~i t.' ?co 1. "Tex?co 1 " for i.-we s t:::-e..": t establish 2.."1 ~lic ?t.:."1ds t..:"'c for t,h:~ ~u..::ose 0 -: trans:-.i. ttir:g ~ t.."'e 'I'::'us:: Ca::;:¿.-:y i:: Te.v.?col. 2 . 11'.a :: t::-e :0 lla..-i.-:g i r:d.i vi Ò,.:.a 1 ;; ~'::O s e s i s:a tu...""'e s 2??eè..r œl~ are o:fic:ers or- e,;qJloy~s 0: thp. ?a=-:ici;:;è.r1t a.-:d a=e eac~ hereby aUw"'orized to tra.-:s:-~t f~,ès to the Trust. Ca~y for invest::'ent i.. -: Te.;<?col a."1d ë!.:'e each furthe= authoriZed to withdra~ funds iran liTe to ti.rne, to issue letters of ins~ructiOi1, a.-:d to take 2.11 o-:"I;er ~ctions èee.'T'€d ne-::essary or apprcpriate for t.l;e i:r.¡est::'ent of local fu..-:ès: Na:æ : ~ &-:ess ~ Title: Oi=~tc)= 0: -' = l.:1a..~ce /IÎ~ SisnatL1.=e: Na:re : J i.-:t Q:o~ O~- V Ti tie: .';sst. = ~nè.r:=e Oire-::t(l:- 0;: ./_.~ 7-::7ê~<---, S i g:'.a tu... --e : N~€: ~lia ?isher Title: ~eni0r Staff MC:C:Ou.."1~-:t Signature: ~....."...././..___ .......;r;;.~./~ 55 CITY 0,= /'·¡ORT.~ a/Cf-f~ND i-i/!...L..S .':'.;J~e~di~ H :' ~ = 2. .-:.-:-" 2 ,-,:: ~!~2;:::2 -..... _. - ~.~~=:.'-; -;:::.~ 3/2 5/~ II...., I'..I':::'_C·"~,,.=-_."",", I-........_~_~_.;\ <'~ (LOG',i~) :J=Sn{II..¡',..,...., No ::;:: --::::: -.J V.......·_~·~I c.:..'t.... \ \,J I ,_ ......;.~'" '-'I . --..J-,-.I ~11~7-.r;;-;7:;"'._ :J:::~;._;_,::=.;_-"; ;~ ~~.= r .-:r:::í r:."'\J=~:-:::'-~ ~ '.-:=::.::: ":',:-=.-:~ ,\' ~:-:=~.'" r-,\i ............ ~- ~_..,- =, ·~·~c---.:n..;::: co:::!c::; ~: ..~-= I,....;,:...'I'S 'I~, \I':C:::~--,.o~~ <r"'\""¡'i,-y 'I'~I -¡uc'~ rf;·"¡O"'S;''':;I-~·;'''''''I~ -_-,~.~u' ,:"'C':,'_';.~'I'~\¡ '''J'7,~".'~" I,::: , ~. I... .. '-' .~ - _.~~, ',,_ '-",, .. --.11 -". ~_ ._ I.... _ _, _. ,,~.._, _ _'. 'rT . _ ..,,, 'c'",,~· ':T"~m.owo--''''' 0.: --:-;-,y -"'0' .--,---'....0+ ~_.- r-.: r-ru....., In an ;::;':':0- ·0 .:>n~-í1ro ·~.::>s.::> .....:.:~-s <on' 0 ~'u -I'~I,CI_ "" '::JCI":::' :;::,1 I:.C.C"_.IC';::"",, ":::. '", I _II III _I"C:I~,,:_ _:::,'UI, ,U_ Inv~s:¡;;~nt Commit~~ hêS í~~íT1rïì~~d~d thêt the City inv~sl a pOilicn of ê'./2i!2ble she:"': t~rT71 funds with Local Gov~míiient nv~stíi1ent Cccperativ~ (LOGIC). Th~ C~ Q.;rï~n!¡y utili.z~s T~x:Jool 25 the prima,! i~vestTììent ,:Jo! of Üle portfolio matching this S;-¡Oil îeíTìl c;iteriê, The int~nt 87 û.,~ ComTìlitt~ is tT:2t 2 ::Jo¡:ion of :he p-orrf:Jlio a..:rrently investeD in T eX:Jc-D1 w::Jt,.:ld tJ~ ~íansf~rï~d to LOGIC, 2n inves:íT1ent :Jool of ;Jolitical subdivisions Gf ,t:e S:2:~ ~: Tex2s. a:::!minis:~red by SOU:h'-Nest Sesurities, i OGIC ~2S 2 r2~;"'g ~: , ^ ^ -nd ~I¡ .:, '~C'5 "n"os·c.ri ~~ h~ u":·~"'~au,-, ~.., a "'~;I" ;...251'5 ,_ C' C.: - . i' ~il ..;,.""I.r'.......,CI C ;~., .v_ ~-~'-<::¡ ~'tTY...,UI H"ul, I...CI'f'-' . r"~ I __,-4___;'" 1 .of CC--:::' .....,. +-.1 .: ;'¡"/~'" ......- -:"·ø - 'nt°.c -......d ' I '; .....;__ ~_,""; ,.c- -7?~ :II'/",r-. I"CI'-- I " I ~~..), c: ~O;::::. 0, s_.. _nlY-::J)^ '--.¡~s. c;.:)U J_S c. i SC.r¡OD C,Su I_.::J I I ~~ O. _I :) _~ .'71, ¡~I 1 irì'./es:ed c~ LOGIC, ,., ¡'nvOC~ I,'n LOGIC .~- C - S· ~n'or n·o -n 'n'eri~C2' J -gr-om.on' , ,.;..~ .:..,,,,, T w --'. ~. l;:::: i~y mu '_'''_ i 'c. , U c::::_ _, , 'N." 1 .J ,_ :;-;:2 rnv~s:;jìent Cco:-e:-2:i'/e, ~~~er ~2r::::':;:;ë:r::s Oí ~~ç.'J~~~¡,datian . i: is ;-~::'::íT1mendec! t:-:ë:: ~:2sok:Lion 1\;0 s-s- Î 9 be aopíO'I~d, _. --.. .-:~2~:~ :-:eVlew 5c~,":~ ::.: ,=~~:'s: CfTY COUNCIL ~CT!ON Tï=:',f r.::::::. :\¡~~:J-e... S""'6~~';G""2/, ~-", ~/ ~ 1\ -'. ¡V)) H1lJ--J~ v 'I C::-.¡ ,"~¿'~G:::-=~ I' - =::~=s (3:Ji:::-=', ) :)::'2,"2::.-:; 3~::;e: "'-~- / ~" -, ~ ~ " \ì ~4//, ~~ ~ i S~=2,,:n~¡:: ~~2: 3;;¡:2:~~-= U ._CJ ::-..cOO' L0<::?J Go 'e.r-.....r¡¡~1l! In v~..¡:¡::!:!! Coo p.e:-:ati .,.~ B.~olu!icrl ~;:sv2.~:.:.,~:: 95-:~ ,"\=pencix: ~ e" RE.SOUJITON .-'.??ROV¡:'iG ASD .'.c'""20?¿ZI:-iG E.'CõCÚT:OIi O? .-'...'i IN L=-'LOC.A.L AG.R:=\Œ.\'T ?02 ?-GITCI?A ITO,," Dr A ?U3L!C ?T.r0,'DS IN"V3ThŒ.\'T COO?8Am= rr:~ TOO?"-'_Am="). пSIG!',-ATING T:"1.= 30A...~-D O? DQEcrO?o5 0: 'E;E COO?"-'_A TTv= .'05 A...' AGENC":' A...\"[) IN-S'G U:'1E\'T.-\Ur[ TO Sú7S ViSE 'E;E COO?=-'<A TTVE. AP?ROVINO INv'""'QThŒ.\'T ?OLICŒ,S O? T:-~ COO?E.'<ATTVE, AP?OIN'TINO A Ul:rORI7'=D RE?lGS=!','TA TiVEs AND D¿SIGNA TING ll'''(Yt.sThíS~·rr Or:-1 C=-~ ~S, tho L"'=--i=.l Coo?""'"oo Acr, Ch.;¡r::, 791 o{ tio T= Gov""""m<r.' Codo, <.3 "'T.<r.6J (tio "Intorl=.l Act"), """"its any "1=.1 gov""""m=:::" to con=: with eno or mo", other "1=.1 gov=m"""," CO pc.-form "gOv""..,,m<r.t¡J f.:.,c:icr,-, ""d so.-..¡=," ",cbi1."g in"rst"",,, o{ public funds (2.S S,",h pi:.-o= .", è=j¡.,.,j "" tic In<:::!=.I A:::) ; \<I:Œ.'ŒAs, tho Inr:::l=.l Act autoorizos Co e ceo ,,"c:ing "","ti", CO "'" y in<=:!=.I ""==m"",, to con:,'t!ct with .gene:", ° { too S,.'" 0 { T OX2.S. widun co e "''''-<in g ° { Oup<=: Tll of ~1::: Gov::::7ì:n::::¡c Cod:::, W}.2.'ŒAs, tic Act ¡>::mits cie con:::.::i.,¡: ¡::;>.-:i", to ""y b""l=.l "i:=m~" '" c;co,,,, ;J., "":ni. '!is:r.u:¡ Vc a¡:=::oy to sU?":vise tio pc.ofo""...,,,,, ° ( such 1.'<:::1=.1 '¡¡=men, "',d '" "'''ploy ?,,:sor.,cJ ""d en¡¡<gc "" otic, .,j::1i.'1is:::l!ivc ""rivitics a,¡d proviéc ct.,,,, · 2émi:!ist.<ltivc "'''''¡c", o""<.<sa:¡ to OX""u", tic "'-= of such """"1=.1 "'rocm",,,: ~ I\~"¡:'::."-EAS. cic P.Jblic ?unds InvOStmcn¡ Acr, C"'èr::, 225ó o{ Lic T= Go'..._~, --., C,..A. "~.,,.,.,....,A.A ("~. .;>q ~ .) ","1.o'"i2.~ .h.. ._.;..;.~ A.~_~""--l ;.., S";"<'-";on (a) --.. "'''' ~" ~ -"'-'"~ ... .. -~ ,"...... c" '''._~ c~..u="' _,,_" 0:':"· ;>::-L~ '0 ;..,........ rl,.;~ r;'-ds ;.., ",., .1;:1;0' [.. Proo' Ii'- C~"r:A<: ;"'''''~''''''.-c T"\ror\[ ""'d rl,.. inr..-ò t:J . ... -. ~ - c, -- -"- --.. "' _, -"0- _ u u, .c. u, ~u...., ~. _, .., _.. '''''amc "',d "'m",., '-" eligiblc public {uod, 1.WOSL"'",,, pool. unde, Lic "'-7.1S "',d conditio,," Set fù:-_": L.î PFIA.; ~~~s, (ic: of ~o~:~ ~ic~la~d ~ills (coc "Go~=m,,"", S''''Y") dos1.~ to enrer into tia! cC'"""'"" L"""'I=.1 Ag=mC'1' (coc " A g :::em",,,-), · copy of which is pr-~nred witi tiÜ 2::so1 ""on "'" d is ÍI1CJrpol't!red h::rci." by '"'":<''''''' ;u:d '" b==omo a p"""cicip,,,", in . public (unds """os''''cn, pool c'''''red tic",unécr "',d und", ??L\. to bc !:.,own >.s Locz1 Govc,"m",", Invesemco, COOP<:I't!dvc (coo "Coop<:rativc"): IV: -r:'::. 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L, ~di:ion "" t!:e (OtqOL'¡¡ Aucioriz:d ~'";J=::ui''''' =i Lw<o...-""", o ffi= 0 f ci: C""¡><:.-.:i ': ....""L'::d by cie 3ca.-d fu,m time "" time U 1:=:10 Y ¿""i:"-" '-j ;u "-, LW"'~l1"'" offi= 0 (ci: G o"=m"", E.,ti ty "-'d. .., :c::.i. 1.Í3.!.! /o..;¡ ': ""POr -"b iEty for L""':;"g co: 1.""--:: o( C""P<=ri,: ='-' "'P=~:i'g fu~6 of co: GO'=m",,, E.,ti:y. :,'-1: é<;xJ";:ory ,,-,d C"'tOOl.a., >;>¡x¡L'(:é by co: 3c...-:i fu,m eme :0 tim: a..-:: I:::,,;,y é""gr";¡(:é ;u " é<;xJÙ'~f ,,-,d C'.!S!odi;L' of coc Go''''-''01'''1: ::.,o:y (or P":¡>o= ;-. 1,.¡:__ ,.. - ....:....,- : Coo .;, ~ :::1<,0'__ -.._~,; - .~,.¡_ .. .:.._ G . _........ .....~ =_":_y O. 00."_.. -,- --- o. pc",,-,"~:s "'P'~"_lg "'..~ a. "._ o'_..m_.. _._. . PASSED A....'D A?PROV-clj cii, 25 _ 6.y o( "a co, A1,LEST: By: :"~..L."',--/7Z'; þ-;{ /~ -.....-:- ./ J¿a~ecce ~¿~i5. Ci:y Sec:eca:y Fri., L:::d r.2.. 71:: .a.. -: ¿ :: t! e SEAL e ~~ \ , 190~. B~,¿_~ "";"" -. -. '-( t _ . ..- I 3. 0 -~. ..a 10. ' , --- ?:i.'1::::d N;¡.";1c .a..1d Tide -J- , ,. :-.J' ..·,,:>p-=r:CIX , , A¿¿¡:io::21 ?a...-¡y Ag:-~...l::!~!l! :.~~ :';:-:¿=:3:5"~ A:.::.':a:-'2~ ?.~?:::.s=:::::.:i '.(=, ::~:=J y 2.~:=.:::.s :J :=:::::::::: 2. ';2... -:y ::J :'~2.: ~~.2.:,:: L-::.:::!c-c2 .':'.g-:~:;::::-:: :a ",,'hi::h t~,3 pzg::: is 2...-:;¿::::~, .::..,;-:ci :.': =:=J:, J~:J;":;= z ?2... "':::P2.;-::: i..-¡ :.~= L:x:::.l G:J';=::;:::~-:: l:1'1~::n::::: CC<J?e::=.:i...::, s:.:bj=::: ::J ill 0: :.':::: ~:-::;s 2.;-:::: Dra';:.s:a::,3 of s""':' Ag::::=::::::-::. 1:1= ¡;::¿:::,3igr:~ h:::::by ~:::.s=:::s i..~2.: i: :.5 2. GO'.'=::::,:::::::: E:::ëi:y 2.S ¿::::-:.-::.:: i.-¡ 5:.::::: 11::: Go';::::m:::::: =:'-::i::; af :.~:: S:::.:.= G: ~ =::::2..S ~¿::: ~ :=::J''':¡, -.--..., - ---':t -14" -.10.". ·~-,'""Ilr-..., -_...._:;.¡ .';gr~::-:~:::~ E:~:.!~ Û:.uS 2 j ~ rt.::. y 0 f :-fa -= c:c 19 9 5. r ,. r-? ,.., - 'J,., ... - :., ~.. _ :... 1 :J n ...: '::; 1 1 ~ 0[2.,:::= of GO'/:::¡:r:-:::::C Entiry 3Y;~· 'Y-~ '\ r'~~ ....,_~ __ _.,...,,..; _ .-..-_.Oill_ ..==?::.s_..~:.J.V_ -..::.' 7o~·.r :j:-:J:"~. v~ ......._ ··_·v.. P:i.-::~ N::...-:::: .::..,;-:d Tit!= ACC=.? 1::::.D:: Lcc:l G::;-;~~:1 ~ In '/=.5:'::::::-: ~ CGO~:a:i v~ .\11_ _f V Ir~ t--tIJ!u~~Ár~ ~ LOG:C Acmi.nÜ:."'2!.O;" -- By: ?A.:?,IC~ S::I~r:<I.~. \1.? ?~:l~ ~¿.-n:: a..-:d Ti:1:: - L:.:..::doc.J..! AZ:-:::=c::: ..le- \ ORDINANCE NO. 2291 e BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: 1. Section 2. Of Ordinance No. 2226 is hereby amended, and now and hereafter read as follows: "2 Committee members shall be chosen by a Selection and Application process developed by the Youth Advisory Committee and approved by the City Council. This process, to be included in the Committee's by-laws, will detail terms of office and representation. " e PASSED AND APPROVED this 23rd day of March, 1998 APPROVED Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: ames D. Saint, Assistant to the City Manager APPROVED AS TO FORM AND LEGALITY: Attorney for the City e e e e ORDINANCE NO. 2226 WHEREAS, the City Council of the City of North Richland Hills recognizes the value of input of youth in activities in North Richland Hills; and WHEREAS, the City Council believes it is important to involve youth in leadership and volunteer activities; and WHEREAS, the youth of North Richland Hills can help to continue the vision of quality of life for our citizens in the future; BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas that there is hereby created a Youth Advisory ComrMittee for the City of North Richland Hills, Texas with the following duties and responsibilitiès and subject to the following terms: 1. The Youth Advisory Committee will consist of 16 members, all of whom shall be students in the 9th through 12th grade levels, and reside in the City of North Richland Hills. 2. All Committee Members will initially be appointed by the City Council, with the Mayor and City Council Members each appointing two members. The initial term of office will be for one year. Subsequent members will be selected from an application process that is developed by the Youth Advisory Committee and approved by the City Council. The tenns of office will end on May 31 of each year and new members shall be appointed to begin service on May 31 of each year. 3. The Committee shall elect from its membership a Chair, Vice-Chair, Secretary and Treasurer for one year tenns of office. The initial group of officers shall be elected at the first meeting following the organizational meeting of the Committee. Subsequent officers shall be elected each year following the appointment of new members. 4. The function of the Committee shall be to serve as liaison between the City Council and the youth of the community on issues affecting youth, and to encourage the positive growth and development of youth by involving them in social, cultural, recreational and other drug and alcohol free activities. When requested by the City Councilor the City Manager, the Committee shall give advice and assistance on matters concerning the needs of youth. The Committee shall also develop and prepare an application process for future members of the Committee to be submitted to the City Council for review and approval. e e e Page Two Ordinance No. 2226 5. The Committee shall hold meetings at least monthly, at times and places it may designate. All meetings of the Committee shall be in accordance with the Texas Open Meetings Law and all regular and special meeting notices shall be provided to the local newspaper and news media and the North Richland Hills City Council, as well as posted at all high schools. At all meetings of the Committee, the presence of a majority of the Committee Members then in office shall be necessary and sufficient to constitute a quorum. . 6:' In the performance of its function, the Committee is authorized to make recommendations to the City Council and the City Manager on: a) Policy matters affecting the youth of the community; b) Planning, organizing, coordinating and carrying out drug and alcohol free social, cultural, recreational and other activities for the youth of the community; c) Establishing guidelines, rules and procedures for participation in such activities; d) Making appropriate surveys to determine input from youth in the community regarding areas of interest or other needs of youth. 7. By January 31 of each year the Committee shall submit a written report the City Council on the status of its activities to date. By May 31 of each year the Committee shall submit a written report to the City Council of its activities for the entire year and an annual plan of work for the ensuing year. 8. Subject to the approval of the City Manager, the facilities and personnel of the City shall be made available to assist the Committee in carrying out its functions. 9. The Committee is authorized to develop bylaws, rules and procedures for the conduct of its authorized activities, subject to the approval of the City Council. e e e Page Three Ordinance No. 2226 10. The City Manager shall appoint a staff member to attend and be liaison between the Committee and the City Council. PASSED AND APPROVED by the North Richland Hills City Council this the 28th day of July, 1997. APPROVED: ~o~ ATTEST: øtWúclti~ City Secretary APPROVED AS TO FORM AND LEGALITY: Alternative 1 BYLAWS OF THE NORTH RICHLAND HILLS YOUTH ADVISORY COMMITTEE . SECTION I. North Richland Hills Youth Advisory Commission will consist of sixteen (16) men and women ranging from ninth through twelfth grade levels to advise the Council on such issues as either deems appropriate. ReDresentation In an effort to increase the likelihood of a diverse Committee, it is decided that representation will consist of the following; . Two (2) representatives from each of five high schools: (Richland, Nolan, Haltom, Shannon, Fort Worth Christian) These representatives will be appointed for alternating two-year terms, so that one seat from each high school will be up for re-appointment every year. This will guarantee five (5) returning members for each Committee. For the initial term, one seat from each high school will be appointed for a one- year term, with the other being a two-year term. . The other 6 members will be chosen to serve one-year terms. e In the event that an acceptable candidate can not be found from one of the high schools, the position will be filled from the at-large candidates for a two-year term. Selection Beginning March 1 of each year, Committee members will begin distributing, advertising, and then collecting applications for membership for the next term. Application deadline will be the first business day after March 30. From the applications, the Committee, working with City Staff, will select enough applicants to fill all vacancies. By April 20, the Committee will send to the City Council the names and applications of the recommended appointees. If any of the recommended appointees are not approved by the City Council, the Committee will send Council alternate applicants. SECTION II. The Committee adopts Robert's Rules of Order to govern meeting procedures. e SECTION III. The Youth Advisory Committee shall elect a Chairperson, Vice- Chairperson, Secretary, Treasurer and Social Chairperson. If the Chairperson steps down at any time, the Vice-Chairperson will automatically take the position of the Chairperson. Then the Committee should vote on a new Vice-Chairperson for the Alternative 1 Committee. The member can be re-elected to any of these offices as along as he/she e remains on the Committee the following year. SECTION IV. The purpose of the Youth Advisory Committee is to serve as a liaison between the City Council and the youth of North Richland Hills on issues involving the youth so as to encourage the positive growth and development of youth involving them in social, cultural, recreational, and other drug and alcohol free activities that the City provides. The Youth Committee will give advise and assistance on matters concerning the needs of youth today to the City Council or City Manager, and promote all positive issues to the youth of the community. SECTION V. The Youth Committee shall hold public meetings at least once a month at a location and time to be agreed upon by the members. All meetings of the Youth Committee shall be in relationship with the Texas Open Meetings Law, which states that every regular, special, or called meeting of a governmental body will be open to the public. All meetings will be posted for public notice. All meetings of the Committee must have a majority of the Commission members present to have an official meeting placed in the minutes. SECTION VI. By January 31 of each year the Committee shall present a written report to the City Council on the status of its activities to date. By May 31 of each year the Committee shall present a written report to the City Council on the status of its activities for the entire year and an annual plan for the following year. e SECTION VII. Subject to the approval of the City Manager, Committee will use the facilities and personnel of the City to assist in the carrying out its activities. SECTION VIII. An Executive Committee, consisting of the five officers, will meet at least once per month. SECTION IX. The Committee is authorized to amend its bylaws, rules and procedures for the conduct of its authorized activities, subject to the approval of the City Council. - e e e Alternative 2 BYLAWS OF THE NORTH RICHLAND HILLS YOUTH ADVISORY COMMITTEE SECTION I. North Richland Hills Youth Advisory Commission will consist of sixteen (16) men and women ranging from ninth through twelfth grade levels to advise the Council on such issues as either deems appropriate. ReDresentation In an effort to increase the likelihood of a diverse Committee, it is decided that representation will consist of the following; . Two (2) representatives from each of five high schools: (Richland, Nolan, Haltom, Shannon, Fort Worth Christian) These representatives will be appointed for alternating two-year terms, so that one seat from each high school will be up for re-appointment every year. This will guarantee five (5) returning members for each Committee. For the initial term, one seat from each high school will be appointed for a one- year term, with the other being a two-year term. . The other 6 members will be chosen to serve one-year terms. In the event that an acceptable candidate can not be found from one of the high schools, the position will be filled from the at-large candidates for a two-year term. Selection Beginning March 1 of each year, Committee members will begin distributing, advertising, and then collecting applications for membership for the next term. Application deadline will be the first business day after March 30. The Committee, working with City Staff, will select 25 applicants and, by April 15, send their applications to the City Council, who will select and appoint the members for the next term. SECTION II. The Committee adopts Robert's Rules of Order to govern meeting procedures. SECTION III. The Youth Advisory Committee shall elect a Chairperson, Vice- Chairperson, Secretary, Treasurer and Social Chairperson. If the Chairperson steps down at any time, the Vice-Chairperson will automatically take the position of the Chairperson. Then the Committee should vote on a new Vice-Chairperson for the Committee. The member can be re-elected to any of these offices as along as he/she remains on the Committee the following year. Alternative 2 e SECTION IV. The purpose of the Youth Advisory Committee is to serve as a liaison between the City Council and the youth of North Richland Hills on issues involving the youth so as to encourage the positive growth and development of youth involving them in social, cultural, recreational, and other drug and alcohol free activities that the City provides. The Youth Committee will give advise and assistance on matters concerning the needs of youth today to the City Councilor City Manager, and promote all positive issues to the youth of the community. SECTION V. The Youth Committee shall hold public meetings at least once a month at a location and time to be agreed upon by the members. All meetings of the Youth Committee shall be in relationship with the Texas Open Meetings Law, which states that every regular, special, or called meeting of a governmental body will be open to the public. All meetings will be posted for public notice. All meetings of the Committee must have a majority of the Commission members present to have an official meeting placed in the minutes. SECTION VI. By January 31 of each year the Committee shall present a written report to the City Council on the status of its activities to date. By May 31 of each year the Committee shall present a written report to the City Council on the status of its activities for the entire year and an annual plan for the following year. SECTION VII. Subject to the approval of the City Manager, Committee will use e the facilities and personnel of the City to assist in the carrying out its activities. SECTION VIII. An Executive Committee, consisting of the five officers, will meet at least once per month. SECTION IX. The Committee is authorized to amend its bylaws, rules and procedures for the conduct of its authorized activities, subject to the approval of the City Council. e e e e Alternative 3 BYLAWS OF THE NORTH RICHLAND HILLS YOUTH ADVISORY COMMITTEE SECTION I. North Richland Hills Youth Advisory Commission will consist of sixteen (16) men and women ranging from ninth through twelfth grade levels to advise the Council on such issues as either deems appropriate. Representation In an effort to increase the likelihood of a diverse Committee, it is decided that representation will consist of the following; . Two (2) representatives from each of five high schools: (Richland, Nolan, Haltom, Shannon, Fort Worth Christian) These representatives will be appointed for alternating two-year terms, so that one seat from each high school will be up for re-appointment every year. This will guarantee five (5) returning members for each Committee. For the initial term, one seat from each high school will be appointed for a one- year term, with the other being a two-year term. . The other 6 members will be chosen to serve one-year terms. In the event that an acceptable candidate can not be found from one of the high schools, the position will be filled from the at-large candidates for a two-year term. Selection Beginning March 1 of each year, Committee members will begin distributing, advertising, and then collecting applications for membership for the next term. Application deadline will be the first business day after March 30. By April 15, the Committee will send the applications to the City Council, who will select and appoint the members for the next term. SECTION II. The Committee adopts Robert's Rules of Order to govern meeting procedures. SECTION III. The Youth Advisory Committee shall elect a Chairperson, Vice- Chairperson, Secretary, Treasurer and Social Chairperson. If the Chairperson steps down at any time, the Vice-Chairperson will automatically take the position of the Chairperson. Then the Committee should vote on a new Vice-Chairperson for the Committee. The member can be re-elected to any of these offices as along as he/she remains on the Committee the following year. e e - Alternative 3 SECTION IV. The purpose of the Youth Advisory Committee is to serve as a liaison between the City Council and the youth of North Richland Hills on issues involving the youth so as to encourage the positive growth and development of youth involving them in social, cultural, recreational, and other drug and alcohol free activities that the City provides. The Youth Committee will give advise and assistance on matters concerning the needs of youth today to the City Councilor City Manager, and promote all positive issues to the youth of the community. SECTION V. The Youth Committee shall hold public meetings at least once a month at a location and time to be agreed upon by the members. All meetings of the Youth Committee shall be in relationship with the Texas Open Meetings Law, which states that every regular, special, or called meeting of a governmental body will be open to the public. All meetings will be posted for public notice. All meetings of the Committee must have a majority of the Commission members present to have an official meeting placed in the minutes. SECTION VI. By January 31 of each year the Committee shall present a written report to the City Council on the status of its activities to date. By May 31 of each year the Committee shall present a written report to the City Council on the status of its activities for the entire year and an annual plan for the following year. SECTION VII. Subject to the approval of the City Manager, Committee will use the facilities and personnel of the City to assist in the carrying out its activities. SECTION VIII. An Executive Committee, consisting of the five officers, will meet at least once per month. SECTION IX. The Committee is authorized to amend its bylaws, rules and procedures for the conduct of its authorized activities, subject to the approval of the City Council. CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 3/23/98 Subject: Waivina the Reauirement to Plead and Prove Mens Rea: Agenda Number: GN 98- 30 (Culpable Mental) in Code Cases; Ordinance No. 2286 This ordinance was developed to plug loopholes in code violations to match the Transportation Code for traffic offenses. No culpable mental state is alleged in most Class C misdemeanors in Municipal Courts and Justice of the Peace Courts in Texas. Recommendation: It is recommended that Ordinance No. 2286 be passed and approved. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Bud Other Acct. Number Scient Funds Available ~6~ CfTY COUNCIL A';;.~~1JAf 'JV~ ''é;;;"W Page 1 of Finance 0_ e e e ORDINANCE NO. 2286 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: 1. The mental state of the accused in any complaint in the North Richland Hills Municipal Court which charges a violation of a City Ordinance or a section or sections of the City Code need not be pled in the charging instrument, nor proved by the evidence. This ordinance shall be interpreted as a waiver of the need to allege a culpable mental state in such cases involving City Ordinance and/or Code violation. 2. If any City Ordinance, by its terms, specifically requires proof of a culpable mental state as an element of the offense, then in such cases this waiver of mens rea shall not apply. 3. This Ordinance shall be in full force and effect upon and after its date of passage and publication. Passed and approved this 23rd day of March, 1998. APPROVED: Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for City CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: Release of Liens and Covenants on Oak Hills Addition Agenda Number: Phase II; Resolution No. 98-13 3"3/98 GN 98- 31 Subject: On February 10, 1997, the City entered into the attached CITY-DEVELOPER AGREEMENT. The Public Works Department verifies that all payments have been made and all agreements satisfied. American Title Company is requesting that the attached Release be given. Recommendation: It is recommended the City Council pass Resolution No. 98-13 authorizing the Mayor to execute the subject Release. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available ¥!fiJð~ COUNCIL ACTION "E Page 1 of FlNlnœ DIreClOr e e e RESOLUTION NO. 98-13 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the Release of liens and Covenants in the CITY-DEVELOPER AGREEMENT dated February 10, 1997, between the City and Oak Hills Joint Venture, as the act and deed of the City. PASSED AND APPROVED this 23rd day of March, 1998. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney ~ e . e RELEASE OF CITY-DEVELOPER AGREEMENT Date: March 23, 1998 Agreement Date: February 10, 1997 Developer: Oak Hills Joint Venture City: The City of North Richland Hills Agreement is described in the following documents, recorded in: CITY-DEVELOPER AGREEMENT recorded in Volume 12673, Page 653, Deed Records, Tarrant County, Texas. Property (including any improvements) subject to lien: All lots in OAK HILLS ADDITION, PHASE II, an Addition to the City of North Richland Hills, Tarrant County, Texas, according to the Plat thereof recorded in Cabinet A, Slide 2977, Plat Records, Tarrant County, Texas. City acknowledges its payment and agrees that all terms thereof have been fulfilled. City hereby releases the property from the lien and Agreement. When the context requires, singular nouns and pronouns include the plural. CITY OF NORTH RICHLAND HILLS By: THE STATE OF TEXAS ) COUNTY OF TARRANT ) ACKNOWLEDGMENT This instrument was acknowledged before me this day of March, 1998, by Tommy Brown, Mayor of the City of North Richland Hills, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas After recording return to: Larry G. Wood, P.C. 1330 Summit Avenue Fort Worth, Texas 76102 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/23/98 Subject: Approve "No Parkinç¡" Zone on Bob Drive from Harwood Road to 5341 Bob Drive - Ordinance No, 2287 Agenda Number: GN 98-32 The Public Works Department has received a request to install "No Parking" signs along both sides of Bob Drive from its intersection with Harwood Road north to (but not including) 5341 Bob Drive. Motorists are parking vehicles and leaving them unattended on both sides of the street. This creates a problem by allowing only one lane of traffic to travel northbound and southbound on the street. City staff concurs with this recommendation to ensure that motorist have two-way access along this portion of Bob Drive. It is requested that Bob Drive from its intersection with Harwood Road north to 5341 Bob Drive be designated a "No Parking Anytime" zone for both sides of the street. Recommendation: Staff recommends Council approve Ordinance No, 2287, Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget Other Account Number Sufficient Funds ÄvallaDle Finance Director ~~ Page 1 of 1 - ORDINANCE NO. 2287 . In order to protect the health and safety of the City and it's inhabitants, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: It shall hereafter be unlawful for any person to park or leave unattended any motor vehicle anytime upon the public streets or portions thereof set out as follows: 1. Along both sides of Bob Drive from its intersection with Harwood Road north to (but not including) 5341 Bob Drive. 2. It is ordered that appropriate NO PARKING ANYTIME signs are authorized and directed to be installed upon the right-of-way of the above public street giving the public notice of these regulations, 3, Any person violating any portion of this ordinance shall be deemed guilty of a misdemeanor and fined not in excess of $200,00, 4. . This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this the 23rd day of March, 1998, APPROVED: ATTEST: Tommy Brown, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City \\ NO PARKING ANYTIME" BOTH SIDES OF THE STREET l~ -L -, 1 §: .... 1//""-. i 1401 1 ¡~ ~þV ; "----"-iI~I '~--~"l '-;---- , "-,--.. "~"-':_"1-" 110' 6600 'i- -1 I :'~\ '-' r '. r~: r- .. : '610. I 6505 ... 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" I Ii I' Ii I II II ,I I I I -J~ ì; CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/23/98 Subject: Approve "No Parkinq - Loadinq/Unloadinq Only" Zone for the 5200 Block of Susan Lee Lane _ Ordinance No. 2288 GN 98-33 Agenda Number: The Public Works Department and the Police Department are requesting the west side of the 5200 block of Susan Lee Lane from its intersection with Lola Drive south for 735 feet be designated as a "No Parking - Loading/Unloading" zone, The "No Parking _ Loading/Unloading" zone would only be in effect on school days during the hours of 7:30 a.m. to 8:00 a.m. and 3:00 p,m. to 4:00 p.m. Parking along this section of Susan Lee Lane is creating traffic congestion and a site visibility problem for students who must cross the street during school days. This would stop people from leaving their vehicles unattended, which cause motorists to double park on the street. Staff contacted the school principal of Holiday Heights Elementary and an official with Birdville Independent School District, and they are in favor as long as it is only during the morning and afternoon drop off and pick up hours. The "No Parking - Loading/Unloading" signs would be placed on the west side of Susan Lee Lane from its intersection with Lola Drive south for 735 feet. Recommendation: Staff recommends Council approve Ordinance No, 2288, Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds ÄvallaDle fJ~ Finance Director Page 1 of 1_ ORDINANCE NO. 2288 In order to protect the health and safety of the City and its inhabitants, BE IT ORDAINED BY . THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1, It shall hereafter be unlawful for any person to park or leave unattended any motor vehicle along the west side of the 5200 block of Susan Lee Lane from its intersection with Lola Drive south for 735 feet during school days between the hours of 7:30 a.m. to 8:00 a,m. and from 3:00 p.rn. to 4:00 p.m. 2, It is ordained that the appropriate NO PARKING, LOADING/UNLOADING ONLY signs shall be installed upon the right-of-way of the above public street giving the public notice of this parking regulation. 3, Any person violating any portion of this ordinance shall be deemed guilty of a misdemeanor and fined not in excess of $200.00, 4. . This ordinance shall be in full force and effect from and after its date of passage and ublication as provided by law. PASSED AND APPROVED this the 23rd day of March, 1998. APPROVED: Tommy Brown Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City Ó 4 , .1 .~ ~ ---'---'-------- ... - ¿IOAY Hé/6-H1.s l'=Lé/V\ 6101 7A~f' 735/ --,'-----1"---,"--',"---,"__' r06i 160e I '.,:1 /,6/, I '6Z1 I 71116 i I I I I : f ,j . '. . , ETA l2B_.___ :='-~,---:=----""ì ,I I' 61a~ + 6':1:1 , ! ~:". .-:~:-~ I . 'u, f . j '~- I--·~·:~~:f-·--:-:~':;~· lÎ 1-----.. ~ I : SIU '~~H ': I '\\~ '5t~~ X 5405 \\ ~ ~ /' \0 ~ /"'" \ /~,r \ ' . '- \--() ~ "/,, " \ ' ,~ / \.......' ~ ~. \~ 'UU..-5..' 640' '. 640 , \~ . .\ ./ \ . \ ,/ /'. ,/ "'-, /"" . .' . d ../ ~ ß,,' 6314 .. NO PARKING LOADING/UNLOADING ONLY SCHOOL DA YS 7:30 A.M. TO 8:00 A.M. & 3:00 P,M, TO 4:00 P.M. 6:r"~\ \ ~"--6:rtZ \ '. .- '~- -' 110. \ -" ~r~304 ~~-;;:. , ......... .__ft':cL.. IIORr!l N$RTH RICHLAND HILLS i' ~.., ,uo ~~ -------------------... --..---- "" : .___u,.__.._.. ì '.", ,. IIU ! : 1'! -_u_---t-..-..--. I 61U ¡ SIll : ! " ¡; !: If II II ¡: I I. ----..--------~-- flat '-.. ...... , IlB II> .. .. t CITY OF NORTH RICHLAND HILLS . Department Public Works Council Meeting Date: 3/23/98 Subject: Authorization of Eminent Domain Proceedinq on Agenda Number: Rumfield Road, Phase 1/ - Spring Oak Drive to Eden Road Resolution No. 98-12 GN 98-34 Public Works staff has so far been unsuccessful in acquiring right-of-way from the following: Parcel No, 1 - Vernon Jackson Parcel NO.2 - James Pierson Parcel NO.4 - William Chrastecky Parcel No, 5 - Sandy Strayer Parcel No, 6 - Pao Ly Parcel No, 7 - Arnold Davis Negotiations are continuing and voluntary acquisition may still occur, Recommendation: It is recommended City Council pass Resolution No. 98-12 authorizing eminent domain proceedings if the property cannot be acquired through negotiations. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Ävallaole @t~ . F;",oc, D;",,~ ~ ~:f£:::;# Page 1 of 1 ! RESOLUTION NO, 98-12 . WHEREAS, the Public Works Department has attempted to negotiate a purchase of right- of-way parcels below for the Rumfield Road, Phase" Project - Spring Oaks Drive to Eden Road; and WHEREAS, the effort to purchase the needed right-of-way for the appraised value has not been successful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The attorney and staff are authorized to commence and prosecute to completion eminent domain proceedings against the following: Parcel No. 1 - Vernon Jackson Parcel No, 2 - James Pierson Parcel No, 4 - William Chrastecky Parcel No, 5 - Sandy Strayer Parcel NO.6 - Pao Ly Parcel No. 7 - Arnold Davis . 2. The Council finds that each of the above parcels is needed for the purpose of building a public street with utility and drainage appurtenance and that such need is for a public project to protect the health and safety of the City and its inhabitants. It directs that the City Attorney acquire the necessary parcels by eminent domain proceedings if negotiations for purchase fail. PASSED AND APPROVED this 23rd day of March, 1998, APPROVED: ATTEST: Tommy Brown, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: Subject: Amend 1998 Capital Projects Budget and Authorize Debt Issuance Projects Agenda Number: 3/23/98 GN 98-35 Several Capital Projects were approved in the 1997-98 Capital Projects Budget which required funding by way of debt issuance. Projects included streets and drainage, water and sewer, parks development, major building upkeep and major equipment replacement. In addition to the original budgeted projects, City Council has also approved the addition of the Master Blaster at NRH20 on November 10, 1997, the Mackey Creek Drainage Project on February 23 1998, and the telemetric meter replacement program on February 23 1998, The City is scheduled to sell bonds and certificates of obligation on May 11, 1998. The meetings with the rating agencies are scheduled for April 9th and 10th, Since the adoption of the original budget, events have occurred which have either delayed or moved forward some of the projects, Attached is a revised list of projects for City Council approval. Also attached is a calendar of events regarding the bond sale, . Recommendation: It is recommended that City Council approve the CIP Budget as amended and authorize these projects to be included in the general obligation bond and certificate of obligation sale. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) - Sufficient Funds Available ~perating Budget _ ~Other _ ~~alu'e CITY COUNCIL ACTION Fin.....' Direct'; Page 1 of · 1998 AMENDED CAPITAL PROJECTS BUDGET PROJECT Streets Projects Blaney Drive Holiday Lane to Grapevine Hwy. Briley Drive Vance to Blaney Douglas Lane Starnes to Bursey Lynn Terrace Rogan to Conn Nancy Lane Janetta to Maplewood .Rufe Snow Drive Karen to IH 820 Rufe Snow Drive Fair Meadows to N, Park Rufe Snow Drive IH820 to Mid-Cities Rufe Snow Drive Intersections IH820 to Mid-Cities Rufe Snow Drive Highlawn Terrace to Bursey Rumfield Road Phase III Eden to Davis Sudbury Way Dorchester to Little Ranch Wyoming Trail Bedford - Euless to Jerri Jo eotal Street Projects ORIGINAL BUDGET 10-1-97 $ 0 $ 183,886 206,130 20,000 30,000 177,450 397,670 1,631,650 1,799,368 166,283 269,000 155,995 286,392 $ 5,323,824 PROPOSED REVISED BUDGET 3-23-98 $ 701,230 $ 50,000 424,870 81,283 155,995 286,392 $ 1,699,770 1 Comments Project moved up since Rufe Snow delayed 133,886 Available from project savings Project ahead of schedule 98/99 funding needed in current year o Community Development Block Grant amount increased o Rescheduled for 1999 o TxDot delayed bridge until 1999 o Project submitted for Urban Streets Program funding o TxDot delayed o Tx Dot delayed Project submitted for Urban Streets Program funding o County participation either Rufe Snow Dr, or Rumfield Rd. Phase III 1998 Amended Capital Projects Budget.xls 3/16/98 . 1998 AMENDED CAPITAL PROJECTS BUDGET PROJECT ORIGINAL BUDGET 10-1-97 Drainage Projects Calloway Branch (A) Windhaven to Hightower $ 200,000 Calloway Branch (B) Hightower to Chapman 277,500 Mise, Channel Cleaning 200,000 Mackey Creek Grapevine Hwy, To Onyx Dr, Total Drainage Projects $ 677,500 Water & Sewer Projects Blaney Drive . Holiday Lane to Grapevine Hwy, Douglas Lane Starnes to Bursey $ 200,000 Lynn Terrace Rogan to Conn 55,000 Misc. 97/98 Water & Sewer 300,000 Rufe Snow Drive IH 820 to Mid-Cities 750,000 Rufe Snow Drive Glenview Drive 75,000 Rufe Snow Drive Fair Meadows to North Park 60,000 Rufe Snow Drive Karen to IH 820 100,000 Rufe Snow Drive . Highlawn Terrace to Bursey 50,000 PROPOSED REVISED BUDGET 3-23-98 Comments $ 200,000 277,500 200,000 o 1,380,000 Approved by City Council on 2/23/98 $849,000 to be reimbursed from TIF $ 2,057,500 o $ 120,000 Project moved up since Rufe Snow delayed 200,000 0 Funded from operations 0 Funded from operations 100,000 Design and minor adjustments, Construction delayed on balance 0 Funded from operations 60,000 0 TxDot delayed bridge 50,000 2 1998 Amended Capital Projects Budget.xls 3/16/98 . PROPOSED ORIGINAL REVISED BUDGET BUDGET PROJECT 10-1-97 3-23-98 Comments Rumfield Rd. Phase III 287,887 0 County participation either Rufe Eden to Davis Snow Dr, or Rumfield Rd, Phase III Small Water Main 96/97 200,000 0 Funded from project savings Sudbury Way 130,000 130,000 Dorchester to Little Ranch Telemetric Meters 0 1,750,000 Approved by City Council 2/23/98 Debt 5-year maturity Wyoming Trail 70,000 70,000 Total Water & Sewer Projects $ 2,277,887 $ 2,480,000 Parks Development (Sales Tax) Baseball Fields - City Park I $ 1,300,000 $ 1,300,000 .orth Electric Trails 200,000 200,000 Total Parks Development Projects $ 1,500,000 $ 1,500,000 Major Building Upkeep Library Improvements $ 154,650 $ 154,650 Replace HVAC Recreation Center 350,000 350,000 Total Building Upkeep $ 504,650 $ 504,650 Maior Capital Equipment Replacement Gallion Roller $ 50,000 $ 50,000 Debt 10-year maturity Gradall 660G 220,000 220,000 Debt 10-year maturity Pothole Patcher Unit 78,000 78,000 Debt 10-year maturity Total Major Capital Equip. Replacement $ 348,000 $ 348,000 . 1998 Amended Capital Projects Budget.xls 3/16/98 3 1998 AMENDED CAPITAL PROJECTS BUDGET . PROJECT NRH20 Master Blaster TOTAL PROJECTS COST . . 1998 AMENDED CAPITAL PROJECTS BUDGET ORIGINAL BUDGET 10-1-97 $ $10,631,861 PROPOSED REVISED BUDGET 3-23-98 o $ 2,495,000 $ 11,084,920 4 Comments City Council approved 11/10/97 1998 Amended Capital Projects Budget.xls 3/16/98 . Schedule of Events for Capital Project Debt Issuance Date Day Event March 23 Monday City Council Approves Revised Capital Projects Budget. April 1 Wednesday Official Statement of Debt Issuance Mailed to Rating Agencies. April 9 Thursday Rating Meeting with Moody's. April 10 Friday Rating Meeting with Standard & Poor's. April 13 Monday City Council Passes Resolution Authorizing Notice of Intent Publication for Certificates of Obligation. April 27 Monday Mail Official Statement to Potential Purchasers. . May 11 Monday Competitive Sale of G.O. Bonds and C,O.'s. Council Passes Ordinance Authorizing the Issuance of Debt. June 16 Tuesday Bond Closing and Delivery of Funds to the City. . .. CITY 0 F NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 3/23/98 Subject: Approval of Economic Development Advisory Committee Agenda Number: Ordinance No. 2290 GN 98-36 On March 23, the North Rich/and Hills City Council directed staff to prepare an ordinance creating an Economic Development Advisory Committee. Members agreed that such a body would provide another way to maintain good communications with the City's existing employers, as well as give feedback on how NRH may continue to be a catalyst for expanding our local economy. Staff proposes that the Economic Development Advisory Committee consist of eleven (11) business owners or chief executive officers/general managers representing for-profit businesses located in the City--as well as two (2) commercial brokers or developers who are working on projects in North Richland Hills. Staff suggests that delegates serve staggered, two-year terms to help encourage both continuity and a fresh perspective. The thirteen (13) delegates will draw lots for seven two-year terms and six one-year terms. To cover all sectors of North Richland Hills' business community, we propose that the nine corporate delegates come from both large and small employers in service/office, manufacturing/warehouse, retail, medical, banking and the entertainment/tourism industries. While all of the corporate delegates' businesses must have a North Richland Hills address, they may personally reside in another City. _pon adoption of the attached ordinance, staff will return wijh a formal slate of delegates for you to appoint in April. A list of prospects is attached for your consideration, and staff would appreciate Council's direction on the process for selecting the first Advisory Committee slate. We recommend that Council introduce the Advisory Committee at the Seventh Annual Business Appreciation Luncheon on Thursday, May 7 --and convene the first of its quarterly meetings two weeks later. As an orientation at that first meeting, staff will share the comments received at the Luncheon and pass along the Council's economic development-related goals as identified in the Action Agenda 1998 goal-setting process. RECOMMENDATION City staff recommends that Council approve Ordinance No. 2290 creating a North Richland Hills Economic Development Advisory Committee. Finance Review Acct. Number Sufficient Funds Available epartment Head Signature CITY COUNCIL ACTIO Finance Owector Page 1 of . . . ORDINANCE NO. 2290 CREATING AN ECONOMIC DEVELOPMENT ADVISORY COMMITTEE WHEREAS, the City of North Richland Hills City Council has determined that the economic well-being of the City of North Richland Hills is of primary concern, and; WHEREAS, Councilmembers established an Economic Development Department in October 1997 to focus attention on the local economic environment, and; WHEREAS, Department staff has since worked to facilitate the retention and expansion of existing employers and the attraction of new businesses, as well as encourage tourism and visitor traffic, and; WHEREAS, on February 23, 1998, Councilmembers discussed creating an Economic Development Advisory Committee. Members agreed that such a body will provide another way to maintain good communications with the City's existing employers, as well as share valuable input on how the City may continue to stimulate the local economy. WHEREAS, such an Advisory Committee may also convene focus groups and gather candid feedback from certain categories of businesses, as well as serve as a "Committee of the Future" to periodically review and update the North Richland Hills Initiative marketing & strategic plan for Economic Development BE IT THEREFORE ORDAINED that the City Council of the City of North Richland Hills hereby establishes an Economic Advisory Committee, consisting of eleven (11) business owners or chief executive officers/general managers and two (2) commercial brokers and/or developers serving staggered, two-year terms. The first slate of thirteen delegates shall draw lots for seven two-year terms and six one-year terms. The eleven corporate delegates shall come from both large and small employers in service/office, manufacturing/warehouse, retail, medical, banking and the entertainment/tourism industries. While all of the corporate delegates' businesses must have a North Richland Hills' address, they may personally reside in another City. Council shall seek to fill the nine corporate delegates seats from one small retailer (1-50 employees), one large retailer (200+ employees), one mall or shopping center manager, one large manufacturer (200+ employees), one small manufacturer (1-100 employees), one medical facility, one banking or financial institution, one large service/office business, one small service/office business, one new car dealership and one entertainment/tourism attraction or lodging entity. . . . Ordinance No. 2290 Page 2 The Advisory Committee shall meet quarterly to provide feedback to Economic Development Department staff, discuss key economic development infrastructure issues, consider the impact of municipal services on local businesses and suggest how the City may best identify and attract the optimum type of new corporate citizens and commercial development to North Richland Hills. Passed in open session of the City Council this 23rd day of March, 1998. Tommy Brown, Mayor City of North Richland Hills, Texas ATTEST: Patricia Hutson, City Secretary S TO CONTENT: ~ ãer, Director of Economic Development APPROVED AS TO FORM & LEGALITY Rex McEntire, City Attorney . . . PROSPECTIVE DELEGATES NRH ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Large Manufacturer Hardy Sanders, Bates Container Bill Day, H&M Food Systems Dick Dansereau, Kimberly-Clark Medical Randy Moresi, North Hills Hospital Kay Severson, ManorCare Health Services Large Service/Office Lee Strahan, Mega Life & Health Insurance Ray Waters, Matrix Telecom Banking/Finance Don Waters, Summit Community Bank Charles Brinkley, Liberty Bank Robert Harrison, First National Bank of Texas EntertainmentITourism Mitch Harrell, Evergreen Alliance Golf Steve Hester, Southwest Golf Regional Vice President, LaQuinta Inns Large Retailer Jim Johnson, Foley's James Boyer, Wal-Mart Scott Setser, Home Depot Small Retailer Janet Golightly, Golightly's Gallery R.D. Cavazos, Ernies Restaurant Mall/Shopping Center Debra Lowe, North Hills Mall Sandy Perdue, Richland Pointe Mall Small Service/Office Dennis Denson, Presto Printing Paula Grohman, Sir Speedy Printing Commercial Brokers Belinda Dabliz, Gaedeke Landers (Richland Corporate Center) Lisa Browning, Insignia Commercial Group Developers Richard Bates, Ranchview Investments Jim Makens, The Makens Company New Car Dealerships Alan Young, Alan Young BuicklGMC Trucks Mike Lowry, Allen Samuels Dodge Leonard Hallum, Five Star Ford Small Manufacturer Bob Driscoll, Paragon Furniture David Mobley, Arabesque Fragrances Manufacturing Harold Whitten, National Foam Cushion CITY OF NORTH RICHLAND HILLS Department: Library Council Meeting Date: ~/?~/~R GN 98-37 Agenda Number: / Subject: Exemption frnm Litm:~ry Nnn-RA~irlAnt FAA fnr Teachers of Private K-12 Schools in City The current Council-established policy of the North Richland Hills Public library is to charge an annual non-resident fee of $12.00 to all non-residents except: 1. Non-resident property owners who annually show a paid real estate tax receipt. 2. Non-resident business owners who show a current lease containing their name or a paid personal property tax receipt for their North Richland Hills business. 3. Certified teachers in the Birdville Independent School District. 4. Library Volunteers who have worked at the library at least ten hours during the previous month or one hundred hours during the previous year. 5, Current Library staff or other City employees who show a current city employee photo identification. These exemptions have been in effect in their current form since 1992. The exemption for BISD teachers dates originally from 1988. Exemptions from Non-resident fees are also extended to residents of area cities with which North Richland Hills has a reciprocal borrowing agreement that makes the resources of both cities' libraries available to residents of either city. The Library Board, at its February meeting, considered a request that the current exemption for teachers be extended to include certified teachers of private K-12 schools within the city. The Library Board unanimously agreed that this action was warranted, and recommends that City Council make such a change. The anticipated loss of revenue from granting such an exemption is less than $350. Recommendation: It is recommended that the City Council take action extending the exemption from non-resident library user fees to certified teachers of private K-12 schools within the City of North Richland Hills. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ,,~ p~~ Department Head Signature Finance Review Acct. Number Sufficient Funds Available ·~~ð;)~ City Man ge t Finance Director CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS 'I ~ Department Planning & Inspections Council Meet;ng Date, Subject: Consider Ordinance to Declare a Moratorium on Permits for Agenda Number: Electronic Message Board Signs Ordinance No. 2289 3/23/98 GN 98-38 During 1997, the City Council amended the Sign Regulations to adopt new standards for pole signs along Mid-Cities Blvd. and Precinct Line Road. These new standards reduced the maximum height and maximum size of pole signs in this largely undeveloped area to prevent the construction of unnecessarily oversized signs. There is now some concern that electronic message board signs might pose particular problems in the city if placed too close to a residential neighborhood. The proposed Ordinance No. 2289 declares a six-month moratorium on permits for electronic message board signs throughout the city except for the area adjacent to Loop 820, known as the Freeway Overlay Zone. The ordinance also directs the Planning & Zoning Commission to review current regulations for electronic message board signs. This six-month period will allow the Planning & Zoning Commission to study this issue and make a recommendation to the City Council for amending the electronic message board regulations. RECOMMENDA TION: It is recommended that the City Council adopt Ordinance No. 2289. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev,) Sufficient Funds Available Operating Budget _ _ Other _ I 6ahUA}P f. Departme t Head Signature , CITY COUNCIL ACTION ITE Finance Director Page 1 of ORDINANCE NO. 2289 e AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECLARING A MORATORIUM ON SIGNS THAT CONTAIN ELECTRONIC MESSAGE BOARDS; DIRECTING THE PLANNING AND ZONING COMMISSION TO STUDY ISSUES CREATED BY SIGNS WITH ELECTRONIC MESSAGE BOARDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is concerned about protecting residential properties from unnecessary glare from flashing lights on electronic message boards, and WHEREAS, the City Council desires to declare a moratorium on signs that contain electronic message boards, and determines that said moratorium is necessary; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, no permit shall be issued and no sign that contains an electronic message board shall be constructed or erected within the City of North Richland Hills, except within the Freeway Overlay Zone, for a period of six (6) months. e 2. THAT, the Planning and Zoning Commission is directed to study any and all issues created by the construction of electronic and report their findings within the six (6) month moratorium. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. - Ord. 2289 Page I , 4. SAVINGS CLAUSE. That any and all other ordinances of the City of North Rich/and Hills, e Texas, as amended, shall remain in full force and effect. 5. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 23rd DAY OF MARCH, 1998. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary City of North Rich/and Hills, Texas - APPROVED AS TO FORM AND LEGALITY: Attorney for the City e· Ord. 2289 Page 2 CITY OF NORTH RICHLAND HILLS Subject: Resolution opposing Internet Tax Freedom Act- Resolution No. 98-15 Agenda Number: 03/23/98 GN 98-39 Department: Administration Council Meeting Date: In 1997 legislation was introduced in both houses of Congress that 'NOuld have far reaching effects on states and cities to collect tax for products and services purchased through the Internet. The legislation (8.442 and H.R. 1054), as written, would place a six year moratorium on Internet taxation. The effect of this legislation appears to create an unfair business advantage for Internet business by exempting them from state and local taxes. Local retail businesses would be placed at a disadvantage by being required to continue collection of taxes. Indications from Congress are that final action on the House side is a high priority during the Spring of 1998. The National League of Cities has taken a position of opposition to this legislation, as written. The concern of the City is that if the legislation is passed as written, local businesses will be negatively impacted and the ability to maintain a fair and equitable method of taxation would be jeopardized. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 98-15 opposing legislation know as the "Internet Tax Freedom Act". Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other - ~ ~~ r-IrM~¡j~ CITY COUNCIL A~M Page 1 of Fln....c:e OlreClCf' e RESOLUTION NO. 98-15 WHEREAS, Americans overwhelmingly support the goal of a nondiscriminatory sales tax that VJOuld treat all sales the same, including main street sales, mail order catalogue sales, and Internet sales; WHEREAS, efforts are underway to preempt state and local authority to impose or collect both existing and new taxes on the Internet by imposing a six- year moratorium on Internet taxation; a period that is far longer than necessary to conduct any study of the issue; WHEREAS, Congress is considering legislation (5.442 and H.R. 1054) which VJOuld interfere with the ability of local governments to keep up current revenue streams and require local officials to curtail essential services in order to maintain balanced budgets; e WHEREAS, proposed legislation VJOuld create an explosive "tax-free" Internet which VJOuld place Main Street retailers with the same customer base as mail order and Internet providers at a competitive disadvantage; WHEREAS, the National League of Cities has declared that proposed legislation VJOuld "create a protected class of taxpayers at the expense of the retailers on every corner and every street in our cities and towns across the nation"; WHEREAS, the proposed legislation is not in compliance with the Unfunded Federal Mandates Reform Act; NOW, THEREFORE, BE IT RESOLVED that the City of North Richland Hills opposes any effort on the part of Congress to approve the proposed legislation known as the "Internet Tax Freedom Act"; e e BE IT FURTHER RESOLVED that the City of North Richland Hills endorses the efforts of the National League of Cities and other groups to inform citizens about the impact of pending Congressional action and to work with our Congressional delegation to establish a fair and equitable plan for delivery of products and services by all means. PASSED AND APPROVED this 23rd day of March, 1998. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: e Attorney for the City APPROVED AS TO CONTENT: £~~ Deputy City Manager e CITY OF NORTH RICHLAND HILLS Library Professional Services Contract for Library Long Range Plan Council Meeting Date: 3/23/98 Agenda Number: PU 98-21 A Request For Proposals for professional services to assist in the development of a long range plan for the Library was issued in December 1997. The RFP asked for assistance of a team, including library specialists, architects and engineers, in evaluating the programs, services and facilities of the Library. The aim is to develop a plan that will best serve our growing community. Two proposals were received, The proposals were reviewed by a committee of four, including the Library Director, Library Board President Lynn Waller, Deputy City Manager Randy Shiflet, and Support Services Director Thomas Powell. The Review Committee recommended the firm of Providence Associates, Inc, The original proposal from Providence Associates included several services not requested by the City. In subsequent negotiations, these tasks were eliminated, and the cost of the proposed services reduced to $20,754. The evaluation and planning process proposed by Providence Associates is in two phases. The first phase will be an thorough evaluation of current state of library services. Following completion and acceptance of the results of Phase I, the second phase will be a study aimed at recommending the best course for the future direction of library services in the city. The entire process will involve citizen participation in the planning. Funding for this project was included in the budget approved by Council for FY 1997-98. Recommendation: It is recommended that Council authorize signing a contract with Providence Associates for professional library planning services in the amount of $20,754. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available ~e1ZJ~:~Wr. ~ ~o:~ CITY COUNCIL ACTION ITEM , Finance Director Paoe 1 of 'I CITY OF NORTH RICHLAND HILLS Parks and Recreation Department 3/23/98 Department: Council Meeting Date: S b' t Change Order No.1 - New Attraction at NRHzO Agenda Number: PU 98-22 u ¡ec: Attached is a copy of Change Order No. 1 to the construction contract with Meridian Commercial, deducting $40,480 for minor reductions and cost saving elements related to re- design of the water return system for the slide, pier elevation adjustments, landscape and irrigation. The City Council, at their January 26, 1998 meeting, awarded a contract for the construction of the new water slide at NRHzO and directed staff to proceed with additional value engineering to reduce the total construction contract amount. The original amount of the contract is $843,715. Upon approval of this deduct change order in the amount of $40,480, the revised contract amount will be $803,235. Additionally, NBGS, the slide manufacturer, has agreed to provide the materials and to install the aerial piping associated with the ride, representing a cost savings of approximately $60,000. A second change order to the construction contract is being prepared based on re-design of the pump room building as proposed by the consultant and NBGS, the slide manufacturer. The plans for the revisions were completed the week of March 9th, and the contractor will be completing the deduct pricing soon. RECOMMENDATION: It is recommended that City Council approve Change Order No. 1 in the deduct amount of $40,480 to the construction contract with Meridian Commercial. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget _ Other ~~ Acct. Number Sufficient Funds Available 5n..e- - Department Head Signature CITY COUNCIL ACTION I ~ Finance' Director Page 1 of / 03/1i¡9g TlE U9:45 f.~\ 97~göU~751 1) :U .'l\L1:.1 ,:)..~.Ku1:.;' 1 -t---t-t _'I l:\l1~U r~"\1\j\..) J.)Lt'l ~Ul)" . Change Order OWNER ARQßTECT CONTRACTOR FIELD OTIlER [~ ] (~ 1 L~] [ J [ ] "'IA Document G701 - ~Iectronlc Format nns DOCUMENT HAS L\{PORTANT LEGAL CONSEQUENCES; CONSULTATION WITH A" ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. Al'THENTICATtON OF THIS F.LECTRONlCAI..LY DRAF"I'ED AlA OOC1JME~T MAY BE MADE BY USING AlA OOCL1MENT D401, PROJECf: (na_. Qddr.ml) NRH20 Enhancement 7301 NE Loop 820 NQ@ RiS_hJ~d Hills. Texas 76180 TO CONTRACTOR: (/'lame, addrell) Meridian Commercial Inc. 10830 N, Central Exoressway. Ste. 410 Dallas. Texas 7j231 The Contract is changed as follows: æANGE ORDER. NlJMBER: ! DATE: 3/16/93 ARCHITECT'S PROJECT NO: 97021 CONTRACT DATE: February 10. 1998 CONTRACT FOR: General Construction Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (GlllU'aftteed atœtimuøi Priee) was -~t change by previousl)' authorized Change Orders ~e (Contr'c1ct Sum) (G~ed 1tax:iæHJR Priee) prior to this Change Order was The (Contract Sum) (Guaraateed UaJåHnuI!. Priee) will be (æeæased) (decreased) (\iØehaRgeè) by this Change Order in the amount of The new (Contract Sum) (GYal'Bftteed Ma1åm1l:ßi Priee) including tlús Change Order will be The Contract Time will be (iBcRJaSeè) (åeeræsed) (unchanged) by (º) days. The Date of Substantial Completion as of the date of this Change Order therefore is NOTE: This sUt11JII8I)' does not reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have been authorized by Construction Cbange Directive. $ 843.715,00 $ 0.00 $ 843.715.00 $ <40,48q,ºO> $ 803.235,00 ARCmTECT Brinklev Sar¡ænt Arclùtects Address 5000 Ouorum Dr. Ste 123 ºalla,j.... Texas 75240 BY: DATE: CONTRACTOR Meridian Commercial Ine, Address 10830 N, Central EXDrcsswav. Ste. 410 Dallas. Texas 75231 BY: DATE: OWNER City of North Richland Hil1~ Address 7301 NE LOOD 820 North Richland Hills. Texas 76180 BY: DATE: AlA DOC1..'MENT G70J . CHANGE ORDER· 1987 EDITION· AlA' COPYRJGIfl' 1987. rHE AMERICAN INSrrIù'TE OF ARCHITECTS. 1735 NEW YORK AVENUE, ,,",W.. WASHINGTON. D,C., 20006-5292, WARNfNO: Utilic:ensed pbotocopyÌl:g violate. 1.:.8, copyright laws md ï. subject 10 logal prosewtion. This doc;umcnt WIIS electronically produced wid! pamission of the AIA UJd CAlI be repro<b:cd without violø.tioo until the date of cxpirdtiOO as noted below, . Electronic f'onnat - G701-19!f7 User Document: G701.CON - 3/16/1998. AlA License Number 100804, which expires on 10/7/1998·· Page #1 UJ/JI(~'~ iU:. !J~:4b 1'.~A :J/,~t)U::¡I;)l ört L~IU.r. L ;:)i~l'.I.>i:.,U ~-.- .'''.cH.U r.~....;:) U1:.1'1 ~UUi 'MERIDIAN . 2. . 3. 4, 5. 6. 7. 8, 4. 5. 6. 7. . Meridian CommerCiallnc 10830 N, Central Expressway Sujta 410 Danas, Texas 75231 Tel: (214) 696.9090 Fax: (214) 987.2839 March 3, 1998 VIA FAX. Mr. Brinkley c/o Brinkley Sargent Architects 5000 Quorum Drive, Ste 123 Dal las, TX 75240 RE: BREAK DOWN - North Richland Hills Family Aquatic Park Dear Me. Brinkley The foHowing are cost deducts and additions to the current contract. Without being wordy I will try to convey the reasons of each item. 1. Delete catch basin #2, & #3 and replace with in ground piping as noted on revised sheet PI drawing dated 1/6/98. Add concrete catch basin as shown on PR-l.1 and 1.2. Cost Deduct <$29,150,00;" Add ground piping and manifold system as noted on revi:)ed sheet PI drawing dated 1\6\98 . Cost Add $15,850.00 Paint splash-down pool. Delete painting of pipes. Cost Add $6.148.00 Elevation changes on pump room. Cost Deduct <$6,000.00> Disperse spoils from project excavation on site as determined by architect. Spoils to be scattered and bladed down ¡fnecessary. Cost Deduct <$1,260.00> Modify building to omit all wood walls in lieu of concrete masonry units. Elevation of roof shown on PR-1.4 and PR-1.5. Cost Deduct <$9,338.00> DeJete all E.I.F.S. finish on the exterior walls of the pump room. Cost Deduct <$17,200.00> Change rooting type to a built-up three ply. Add two roof hatches. Cost Add $4,100.00 Modify size of aluminum louvers to 8" x 16". Cost Deduct <$150.00> Add concrete stairway, floor drain, sump pump. Cost Add $8,725.00 Add for hollow metal door hardware. Cost Add $275.00 Add chain link fencing per drawings PR-1.3 Cost Add $830.00 Total Deduct <$27,170.00> Thank You, James Price ,\ : " '.:-,- UJ/17iHð fLH OY:4b YAA ~¡~YbUYi~~ tlrt 1_"1\L!:, t ;):\J<Gt.." 1 ->- ~ .~"'ll"'U r :U\l\':> Uti' 1 ~ lIV,) Merlc2ian Commercial f\C:, 10830 N. Ctln1rat Expr~!I!o'WflY SUilD410 Oallus. T_xiAS ?S~t Tel: (2'4) 696-9000 Fax: (214) ge7-2~9 · March J J " 1998 Mr. Patty Moos City ofNarth R.ichland Hills 6nO HE Loop 820 North R.iÙlland Hil~ Tex... 76110-1901 VIA Pacsimile 1-8J7.S81-S722 RB: N.RH20 991 &hancCllftents Dear Patty: fn fc::&p<ll'lM to)'OW' requcsr, Ù'le following is. brca.kdo~ of the landscapinK IIJd irriptian work included in the buo bid for the ,bove referenced projecc: Tree protctiCIR and fencing T,.. '.,..0\'81_ pioding Tree trimming - allowance Irriptian Soddiag Toeal $ 2.2S5.00 1,78S.00 650.00 6,2S0.00) ,Ac~c¡~r€.o 7.060.00 S 11,000.00 -* \ '1;., ~/O · If there are any questions or I can be of further assistance. please cootact me at 214-696-9090. SincerClly. Meridian Commcrcial~ Inç. CbM~~~~ Pr~ect ManalCl' cc: Duanl: Brinkley Chuckk.eyte Jeff Krua Brinkley Salsent Architecb MerÌ<Üm Commercial. file. Merídiara Commercial. Inc. VIA FacsimiJe 972.960-9751 VIA Pacsimite J-8J1427.0222 · C9,ldj,..j MeF 031 I 2I!UI THU 09:21 ITX/RX "1070711 j" CITY OF NORTH RICHLAND HILLS Department: I nformation Services Council Meeting Date: March 23, 1998 Subject: Award Bid For Public Safety Computer System to Tiburon Agenda Number: PU 98-23 Within the Information Services 3 Year Plan and the LeBlanc Study is a requirement to upgrade the hardware and software for the Public Safety Computer Systems. The need to upgrade these systems is driven by several major factors: 1. Software currently used by Police and Fire is over 10 years old and is no longer supported by the original vendor. 2. All Public Safety systems have inherent year 2000 problems. 3. The current Computer Aided Dispatch (CAD) system does not process Fire and EMS calls for our citizenry in an automated manner. These calls service are entered manually, thereby slowing emergency Fire and EMS response. 4. The Police software does not comply with the new national and state crime reporting standards published by the FBI and the Texas DPS. 5. The existing CAD system does not have a "backup" computer hardware system. If the existing computer hardware fails, the Dispatch Center is required to revert to a manual entry system, then re-enter the information into the computer when it becomes operational. 6. Provide additional functionality for existing systems and to automate several manual processes such as crime analysis where offense data can be evaluated for trends and patterns. The Accord Group was hired by the City (PU 96-40) to assist with the development of a Request For Proposals (RFP) to seek a "turn-key" solution and the proposal (96-698) was sent to various vendors on a nationwide basis. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ofue~ Q~_ \ .. / - Depa ent Head natu Finance Director Page 1 of L CITY OF NORTH RICHLAND HILLS Bids were opened and the following vendors responded: 1. 2. 3. 4. BI-TECH HTE J.D. EDWARDS PCSS 5. 6. 7. 8. GTE INCODE NEW WORLD TIBURON An internal committee was formed to review and analyze the proposals and was comprised of management level personnel from Police, Fire, Court, Public Works, Information Services as well as City Administration. The proposals were distributed to the applicable departments and a thorough analysis was conducted. Based on the information provided from the RFP's, three finalists were selected as follows and on-site demonstrations were presented: 1. HTE 2. NEW WORLD 3. TIBURON NOTE: New World withdrew. They would not agree to filming their on-site demonstration. Following the on-site demonstrations, TIBURON was selected for a site visit to review the software in an actual working environment and City staff visited the City of Grand Prairie. Based on all information provided, staff believes it to be in the best interest of the City and the Citizens of North Richland Hills to award the bid to TIBURON. TIBURON offers a fully integrated "turn-key" system that provided a better match of the requirements stated within the RFP for the Police and Fire Departments. TIBURON is a proven leader of public safety computer systems and has existing agreements in place with the cities of Grand Prairie, Arlington, Addison and the DFW Airport. Payment allocations are as follows: Crime Control District - Acct # 10-01-82-6000 Information Services - Acct. # 10-01-96-6000 $1,257,616 $ 377,820 Recommendation: It is recommended that City Council award the bid for public safety hardware, software, training and services to TIBURON in an amount not to exceed $1,635,435. - CITY COUNCIL ACTION ITEM Page 2 of 2 ~ GENERAL FUND CAPITAL IMPROVEMENTS e Public Safety Fire Department Computer System 10-01-82-6000 PROJECT DESCRIPTION This project involves the Fire portion of the Public Safety Computer System. The project includes hardware, software, training and services for the installation of the new system. PROJECT STATUS Beginning Ending Date Date Installation 4/98 3/99 FINANCIAL DATA i Change To Revised Total Funding Source i 1997/1998 1997/1998 1997/1998 Remaining i Project e Budget Budget Budget Budget Cost Certificates of Obligation $145,280 $0 $145,280 Transfer IS Fund Balance 150,000 0 150,000 Total $295,280 $0' $295,280 ! ! Project Expenditures ì I ¡Hardware & Software $295,280 $0 , 'Total $295,280 $0 IMPACT ON OPERATING BUDGET Included in Information Services operations, i Projected Annual : L_ 1999/2000 i i $0 : 2001/2002 $0 e r;==- I, ' I' i,' GENERAL FUND CAPITAL IMPROVEMENTS e',',", :' i " Public Safety Po/ice Department Computer System 10-01-82-6000 PROJECT DESCRIPTION This project involves the Police portion of the Public Safety Computer System. The project includes hardware, software, training, and services for the installation of the new system. PROJECT STATUS Beginning Ending Date Date Installation 4/98 3/99 FINANCIAL DATA -" -il " ! Adopted! Change To I Revised i , Total ì Funding Source ; Amount to i 1997/1998: 1997/1998 , 1997/19981 Remaining i Project I Date Budget' Budget ! Budget Budget I Cost I i I MDT Transfer $0: $67,619 $0 $67,619 ' $0 $67,619 I Sales Tax-Crime Control District 01 794,250 0 794,250 522,649 1,316,899 i I Total , $011 $861,869 1 $0 1 $861,869 $522,649 i $1,384,518 i Project Expenditures ¡ : , , 1 , I I 1 I $0' 1 Hardware & Software $861,869 I $0 $861,869 $522,649 $1,384,518 ! 1 I I ¡Total $0 $861,869 i i $Oi $861,869 i 1 $522,649 ! $1,384,518! IMPACT ON OPERATING BUDGET Included in Information Services operations, Projected Annual 1997/19981 1998/1999 i I 1999/2000 I 2000/2001 : 2001/2002 $0 : $0 I i $0 i i $0 I $0 i e e e e CITY OF NORTH RICHLAND HILLS Department: Information Services Council Meeting Date: March 23, 1998 Subject: Award Bid For GIS Geofile Conversion to Tiburon Agenda Number: PU 98-24 In order for the City to take full advantage of the benefits offered through the Tiburon Computer Aided Dispatch (CAD), the City's Geographical Information System (GIS) database needs to be upgraded. This upgrade will consist of Tiburon writing software and converting data that creates a "street centerline" file which will allow the addition of specific addresses to the database. The upgrade will also be an enhancement to other City departments in their access and application of GIS files and records. The requirement to upgrade at this time is driven by the need for Police and Fire to have a detailed database for dispatching emergency calls and maintaining accurate records on specific locations. The present GIS schematic files do not specify left/right identifiers and the parcel mapping is not utilized to it's maximum potential. With this being an upgrade to the existing GIS Computer System, it is being presented to Council under separate cover but will be included in a single contract with TIBURON for the Public Safety Computer System. Payment allocations are as follows: Crime Control District - Acct. # 10-01-82-6000 Information Services - Acct. # 10-01-96-6000 $59,283 $23,054 RECOMMENDATION: It is recommended that City Council award the contract for professional services to TIBURON, Inc. in an amount not to exceed $82,337 for the upgrade to the City's GIS system. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~f} ()V-~~ ~ent Hea~re ~ Finance Director Page 1 of 1 e e e CITY OF NORTH RICHLAND HILLS Department: I nformation Services Council Meeting Date: March 23, 1998 Subject: Award Bid For Police Automatic Vehicle Locator to Tiburon Agenda Number: PU 98-25 The Mobile Data Terminals (MDT's) in the Police vehicles presently communicate with the Police Dispatch and access state and national files electronically through a message switch that is sold and serviced by TIBURON. Another feature of the new Public Safety Computer system is the ability for the Communications office to keep track of the Police vehicles through an Automatic Vehicle Locator (AVL) feature with the Computer Aided Dispatch (CAD) program. This upgrade will allow the Communications office to dispatch the nearest available police officer on emergency calls, thereby assuring the quickest response to the citizens. For emergency calls, this feature also minimizes risk to officers and other motorists associated with emergency vehicle response. With this being an upgrade to the existing MDT Message Switch System, it is being presented to Council under separate cover but will be included in a single contract with TIBURON for the Public Safety Computer System. RECOMMENDATION: It is recommended that City Council award the contract for professional services to TIBURON, Inc. in an amount not to exceed $67,619 for the upgrade to the City's Mobile Data Terminal Switch. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 03-90-00-6400 Sufficient Funds AvallaDle ~~ F;"""œ O;c,eI", " ,p, ,,', ~é: ity Manager Sign ture Page 1 of 1 CITY OF NORTH RICHLAND HILLS Parks and Recreation Department: S b· t Award of Bid for Installation of Uniform Park Signage u Jec: Council Meeting Date: 3/23/98 Agenda Number: PU 98-26 Included in the current Parks and Recreation Capital Improvement Program budget is funding in the amount of $60,495 for the installation of uniform park signs. Bids were solicited for the installation of entry signs at Richland Tennis Center, Green Valley Community Park, Northfield Park and Walkers Creek Park. Rules and regulation signs were also included for Green Valley Park, Linda Spurlock Park and Richfield Park. The project was first advertised in the fall of 1997, with no bids being submitted. Bids were again solicited in February 1998. Just prior to the bid opening, the Purchasing Department indicated that there were no potential bidders. They then extended the bid date another two weeks and aggressively continued to seek out potential bidders. Despite this extensive effort, only one bid was received on March 10, 1998 from the Wood Rose Company, in the amount of $60,260. Although only one bid was received, the low bid amount is within our available budget. After researching the contractor's references, staff believes this is a viable and responsive bid. The project also included two alternate bids for entry signs at Linda Spurlock Park and at Richfield Park as follows: Linda Spurlock Park Richfield Park $14,435 $14.706 Total $29, 141 Staff recommends including the alternate bid for entry signs at Linda Spurlock Park and Richfield Park at this time. Funding is available from the Supplemental Funds Account in the Parks and Recreation CIP. RECOMMENDATION: It is recommended that City Council award the base bid to the low bidder, Wood Rose Company, in the amount of $60,260, and include the alternate bids in the amount of $29,141 for Linda Spurlock and Richfield Parks. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available ---- \ ~ ~~...dJ ~ ...:- Department Head Signature CITY COUNCIL ACTIO Flnane'- orecscr Page 1 of CITY OF NORTH RICHLAND HILLS Subject: Aw~rrl Annll~1 Fond Sllpplv Contrê("t for I\IRHzO Water Park Agenda Number: 3/23/98 PU 98-27 Department: Finance / Park and Recreation Department Council Meeting Date: Request for Proposals were solicited for an annual contract to supply food items for NRH20 Water Park. Bidders were requested to submit prices on a list of specific food items as well as specific brands that were high volume sellers in the 1997 season. Attached is a breakdown of the prices submitted. Evaluation factors include brand of food item offered, price, quality, and customer service response. Staff also tested various items offered by vendors. Although Sysco Food Service does have comparable prices on several items, they do not offer Bryan Hot dogs as well as several other brands specified on the bid. Bryan is a major vendor and is providing signage and marketing support for this season. Sysco Food prices were higher on some high volume items such as sausage, french fries, nacho chips, nacho cheese, bagged chips, ketchup, napkins, cutlery and straws. Staff recommends the contract for all items except the hamburger meat and corn dogs be awarded to Ben E. Keith Foods based on the evaluation factors listed above. Ben E. Keith Foods also provides an on-line ordering system, end of season buy-backs and vendor rebates. Staff has worked with Ben E. Keith the past two seasons and they have provided excellent customer service and quality products that have been high volume sellers at the park. Staff tested the hamburger meat offered by Bar-W Meat Company and found it is superior in quality and they offer a good delivery system. They were also cheaper on the State Fair Corn Dogs. Recommendation: It is recommended City Council award the annual food supply contract for NRH20 Water Park to Ben E. Keith Foods and award the contract for hamburger items and State Fair Corn Dogs to Bar-W Meat Company. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ther Acct. Number 21-03-01-2050 Sufficient Funds Available ature CITY COUNCIL ACTION I Finance Director Page 1 of FOOD SERVICE CONTRACT . Hamburger 4/1 80/20 Hamburger 8/1 80/20 Pub Burger 4/1 Pub Burger 3 oz. Hotdogs all beef 6/1· Bryan BBa Sauce w.chppd Brisket Mild Italian Sausage German Bratwurst 6/1 Jalapeno Sausage 5/1 Bacon-raw (layered out) Premio's Pizza 6.4oz (4) cheese Premio's Pizza 6.4oz pepperoni Beef Crumbles (pizza) Com Dogs 6/1 State Fair Com Dogs with Cheese Bryan Chile Pepper & Dynabites Seasoned French Fries Sprial French Fires - Spicy . Nacho Cheese - aged cheddar Minute Mix Cheese Sauce Sliced American Cheese Waffle Cones-large Prejacket Waffle Cones Medium Cake Cups Large Cake Cups Bulk Cookies Bite Size Cookie Potatoe Chip - Regular Potatoe Chip - Ruffles Tortilla Chipes - triangle Jalapenos· sliced Baked Beans Potato Salad wlmustard Popcom - Bulk Ketchup (can) Mustard Salad Dressing Pickle Relish e Seasoning Salt Bunge Pour and Fry 9" Paper Plates Mini Momaps - tall Bid 98-798 Ben E. Keith 0.00 0.00 0.00 0.00 3,038.00 1,820.00 899.10 0.00 0.00 111,65 7,638.75 3,118.50 167.20 3,044.00 0.00 2,052.25 5,206.40 771.00 0.00 1,960.20 533.10 1,531.20 1,739.70 1,405.20 1,046.80 945.00 1,395.20 387.30 316.68 346.40 55.62 78.20 143.16 0.00 915.60 64.00 103.68 47.85 37.76 1,024.80 352.68 702.00 Sysco Food Service 0.00 0.00 0.00 0.00 2,423.75 1,410.00 900.00 0.00 0,00 106,75 7,325.50 3,145.50 61.40 0.00 0.00 1,135.00 6,288.00 1,097.50 0.00 2,217.00 517.95 1,156.40 1,464.75 1,002.00 1,101.00 1,427,00 1,312,00 409.50 336.00 460.00 52.95 80.88 170.40 18.90 951.00 58,00 93,60 58.80 39.35 558,00 201,60 856.00 Bar-W Meat Taylor Dressed Deen Meat Company Beef Cpmpany 3,447,50 4,165.00 3482.5 492.50 595.00 495.5 1,796.00 Stryo Cups - 10 oz 39.06 38.85 Food Tays - quarter pound 105.70 97.00 · Food trays - one pound 148.90 135.50 Food trays - two pound 419.75 410.00 Food trays· three pound 134.10 137.50 Plastic Forks - med. Weight 24.48 30.40 Plastic spoons - med weight 275.40 342.00 French Fry Bags· small 22.50 29.75 French Fry Bags - med. 13.50 26.85 1 oz. Paper Souffle Cups 2,908.80 2,856.00 Starws . wrapped 180.10 189.00 Degreser Cleaner 221.70 209.25 · ·