HomeMy WebLinkAboutCC 1997-09-08 Agendas
CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
SEPTEMBER 8,1997 - 6:15 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. IR 97-101 Flamingo Estates/Oak Hills Addition, Section II,
Removal of Barricades (5 Minutes)
2. GN 97-89 Consideration of North Richland Hills Nuisance
Code - Ordinance No. 2233 (Agenda Item No. 13)
and
Consideration of an Ordinance to Establish
GN 97-90 Regulations Regarding Junked Vehicles -
Ordinance No. 2234 (Agenda Item No. 14)
(10 minutes)
3. GN 97-91 Consideration of Action on all Matters Pertaining
to the Award and Sale of General Obligation
Refunding Bonds, Series 1997 and Adoption of
Ordinance No. 2238 Authorizing the Issuance of
the Bonds and Approving Bank One Texas NA,
Fort Worth as Paying Agent Registrar.
(Agenda Item No. 15)
GN 97-92 and
Adoption of Resolution No. 97 - 40 Providing for
the Redemption of Certain Outstanding Bonds of
the City. (Agenda Item No. 16) (5 Minutes)
4. GN 97-104 Amendment to Application for Tax Abatement by
Tecnol, Inc. - Resolution No. 97-41
(Agenda Item No. 28) (5 Minutes)
5. PU 97-105 Authorization for TxDOT to Bid North Electric Trail
(Agenda Item No. 29) (5 Minutes)
Page 2
NUMBER ITEM ACTION TAKEN
6. Other Items
7. *Executive Session (10 Minutes) - The Council
may enter into closed executive session to
discuss the following:
A. Pending Litigation Under Government Code
§551.071
Harper vs. NRH. et al
Federal Case
I 8 I Adjournment - 6:50 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.
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
SEPTEMBER 8, 1997
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
5. Removal of Item(s) from the Consent
Agenda
6. Consent Agenda Item(s) Indicated by
A~erisk(7,8,25,26,27,29, 31,32,
33, 34, 35, 36 & 37)
Page 2
NUMBER ITEM ACTION TAKEN
*7. Minutes of the Pre-Council Meeting
August 25, 1997
*8. Minutes of the Regular Meeting
August 25,1997
9. PZ 97-37 Public Hearing to Consider the
Request of Rebel Properties to
Rezone Parts of Lots 26 & 27, Block
1, Thompson Park Estates from R-1
Residential to C-1 Commercial -
Ordinance No. 2232 (Located at
6225 Precinct Line Road)
10. PS 97-20 Req uest of H & M Food Systems
Company for a Replat of Lot AR,
Block 3, Industrial Park Addition.
(Located at 6350 Browning Court)
11. PS 97-33 Request of Sandlin-Barfield Joint
Venture for a Final Plat of
Thornbridge Phase V (Located in the
8900 Block of Thornway Drive)
12. PS 97-35 Request of Star Enterprise for a Final
Plat of Lot 1, Block 1, E-Systems
Addition (Located at the Northeast
Corner of Mid-Cities Boulevard and
Davis Boulevard)
13. GN 97-89 Consideration of North Richland Hills
Nuisance Code - Ordinance
No. 2233
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Page 3
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NUMBER ITEM ACTION TAKEN
14. GN 97-90 Consideration of an Ordinance to
Establish Regulations Regarding
Junked Vehicles - Ordinance
No. 2234
15. GN 97-91 Consideration of Action on all Matters
Pertaining to the Award and Sale of
General Obligation Refunding Bonds,
Series 1997 and Adoption of
Ordinance No. 2238 Authorizing the
Issuance of the Bonds and Approving
Bank One, Texas, N.A. Fort Worth as
Paying Agent /Registrar.
16. GN 97-92 Adoption of Resolution No. 97-40
Providing for the Redemption of
Certain Outstanding Bonds of the
City.
17. GN 97-93 Public Hearing for the 1997/98
Annual Operating Budget
18. GN 97-94 Approval of the 1997 Certified Tax
Roll - Resolution No. 97-38
19. GN 97-95 Authorizing Homestead, Over 65 and
Disability Exemptions from Ad
Valorem Taxes - Ordinance No. 2235
20. GN 97-96 Adopting the Tax Rate for 1997 -
Ordinance No. 2236
Page 4
NUMBER ITEM ACTION TAKEN
21. GN 97-97 Adopting the 1997/98 Budget -
Ordinance No. 2237
22. GN 97-98 Establishment of an Equipment
Replacement and Building
Maintenance Fund - Resolution
No. 97-39
23. GN 97-99 Appointments to the Crime Control &
Prevention District
24. GN 97-100 Appointment to the Teen Court
Advisory Board
*25. GN 97-101 Contract with Texas Department of
Health for Remote Birth Access
*26. GN 97-102 Tarrant County Auto Theft Task
Force Interlocal Agreement-
Resolution No. 97-43
*27. GN 97-103 Revising Texas Parks and Wildlife
Grant Resolution for the Thornbridge
Neighborhood Park - Resolution
No. 97-42
28. GN 97-104 Amendment to Application for Tax
Abatement by Tecnol, Inc. -
Resolution No. 97-41
Page 5
NUMBER ITEM ACTION TAKEN
*29. GN 97-105 Authorization for TxDOT to Bid North
Electric Trail
30. GN 97-106 Appointment to Park and Recreation
Facilities Development Corporation
*31. PU 97-70 Authorization to Purchase Automatic
External Defibrillators from Physio
Control in the Amount of $15,103
*32. PU 97-71 Authorization to Purchase Sign Lab
Equipment Through State of Texas
Cooperative Purchasing Program in
the Amount of $13,500
*33. PU 97-72 Award Bid for Police Property
Building to Speed Fab-Crete
Corporation in the Amount of
$345,150
*34. PU 97-73 Award Bid for the Fire/Public Safety
Building to Pete Durant and
Associates in the Amount of
$734,300
*35. PU 97-74 Authorization to Purchase Mobile
Data Terminals from Motorola in the
Amount of $42,420
Page 6
NUMBER ITEM ACTION TAKEN
*36. PAY 97-11 Approve Payment of $13,000 to M.A.
Vinson Construction Co., Inc. for the
Rodger Line Drive Parkway
Restoration Project
*37. PAY 97-12 Approve Final Pay Estimate NO.5 in
the Amount of $8,818.66 to Yoko
Construction, Inc. For Miscellaneous
Drainage Improvements
38. Citizens Presentation
I 39. I Adjournment I I
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CITY OF N*RTH RICHLAND HILLS
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September 5, 1997
ITEM ADDED TO THE SEPTEMBER 8, 1997 CITY COUNCIL AGENDA
30a. GN 97-107 Local Law Enforcement Block Grant - Public Hearing
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR Q7-100
~
~ Date:
T Subject:
September 8, 1997
Texas Parks & Wildlife Department Grant Funds
The City of North Richland Hills Parks and Recreation Department has been awarded grant
funds from the Texas Parks and Wildlife Department in the amount of $500,000 for the
construction of Phase 1 of the City Park.
The Texas Parks and Wildlife Department scored our application as the 2nd highest project
out of 55 applications from across the State. Of the 55 applications, only 18 were funded
by the Texas Parks and Wildlife Department.
Since 1994, we have successfully leveraged $2 million in Texas Parks and Wildlife
Department funds alone, for projects including NRH20, the Richtand Tennis Center, the
Girls Fast Pitch Softball Complex at Walkers Creek Park and the City Park.
Respectfully Submitted,
~~
Jim Browne
Director of Parks and Recreation
"
ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
:\
~ Date:
t/V"" Subject:
No. IR 97-101
September 8, 1997
FLAMINGO ESTATES;
Removal of Oak Hills Addition Street Barricades
The staff has removed the street barricades on Hialeah Circle North, Hialeah Circle South, and
Bradley Drive on a temporary basis to allow better and cleaner access to these subdivisions from
Precinct Line Road while Eden Road is being resurfaced (see attached sketch).
The barricades were erected originally on these streets to keep construction traffic from entering
Oak Hills Addition, Phase II through these subdivisions. The water, sewer, streets, and drainage
improvements for Oak Hills Addition, Phase II have all been completed and accepted by the City.
Rumfield Road, Phase I and Spring Oaks Drive are also complete and thereby make a paved
entrance for Oaks Hills Addition, Phase II from Precinct Line Road. Only a portion of Oaks Hills
Addition, Phase II lots have completed homes.
After review of the Council Meeting Minutes which called for these barricades and discussion with
the City Attorney, staff cannot find clear justification for replacing these barricades. Unless
instructed by Council. staff will not replace the three street barricades in Oaks Hills Addition,
Phase II.
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Respectfully submitted,
GWD/smm
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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June 10, 1996
Page 4
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M or Brown called for anyone wishing to speak to come forward.
Mr. Ted ehring, applicant, appeared before the Council in favor of the request.
There being n one else wishing to speak Mayor Brown closed the Public Hearing.
Councilwoman John n moved, seconded by Councilman Wood, to approve Ordinance
No. 2126.
13.
PS 96-03 REQUES F DOUBLECREEK CAPITAL
CORPORATION FOR RE T OF LOT 1A, BLOCK 35,
HOLIDAY WEST ADDlT N (LOCATED IN THE
5600 BLOCK OF RUF NOW DRIVE)
(TABLED AT THE MAY 13,1996 CI COUNCIL MEETING)
APPROVED
Motion carried 7-0.
r
Mr. Robert Doby, representing Racetrac, appeared before t Council. Mr. Doby
requested approval of the repJat with an amendment to allow curb cuts on Rufe
Snow Drive - one cut on the far south end and the second approx ately 350 feet north.
There was a general discussion regarding ingress/egress to the prope
Councilman Sibbet moved, seconded by Councilwoman Johnson, to approve
PS 96-03 with two drive approaches on Rufe Snow, subject to approval of City
Manager's office and Engineering Staff as to the location.
Motion carried 7-0.
14.
PS 96-12 REQUEST OF JOHN BARFIELD FOR
REPLA T OF LOTS 1-10, BLOCK 16; LOTS 3 AND 4,
BLOCK 17; AND LOTS 1-3, BLOCK 13; OAK HILLS ADDITION
(LOCATED AT THE EAST END OF HIALEAH CIRCLE NORTH)
APPROVED
City Manager Sanford advised there were concerns expressed at the Planning and
Zoning Meeting regarding the barricades that currently exist. Mr. Sanford advised that
« when the subdivision was completed, and the streets and utilities were accepted, there
/
/
June 10, 1996
Page 5
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would not be any legal basis to restrict traffic on the public street. Mr. Sanford advised
the barricades would remain as long as it was legal.
Councilman Sibbet advised when he made the motion for the barricades to remain, it
was only through construction period.
Councilman Wood moved, seconded by Councilman Garvin, to approve PS 96-12.
Motion carried 7-0.
Mayor Brown ope d the Public Hearing and called for anyone wishing to speak to
r come forward.
15.
PS 96-13 PUBLIC HEARING TO CONSIDER REVISIONS
TO THE MASTER THOROUGHFARE PLAN REGARDING
WILSON LANE BETWEEN DAVIS BOULEVARD
AND PRECINCT LINE ROAD -
ORDINANCE NO. 2127
APPROVED
Mr. Doug Long, Engineer, eared before the Council. Mr. Long stated he had
requested revisions to the Tho ughfare Plan and explained why.
There being no one else wishing to eak, Mayor Brown closed the Public Hearing.
Mayor Pro Tem Garvin moved, seconded Councilman Welch, to approve Ordinance
No. 2127.
16.
PS 96-14 REQUEST OF PACK PROPERT
FINAL PLAT OF LOTS 1-5, BLOCK 1,
FIVE STAR FORD ADDITION (LOCATED AT
THE SOUTHWEST CORNER OF RUFE SNOW DRIV
AND NORTHEAST LOOP 820)
APPROVED
Motion carried 7-0.
I
Mr. Russell Killen, representing Halff and Associates, Engineers, appeared before t
Council.
-
We received the attached two petitions today. One is in favor of
closing access to Precinct Line Road until Oak Hills Edition is
complete (13 signatures). The other is to leave access to Precinct
Line Road open (39 signatures).
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Present:
Absent:
MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 - AUGUST 25, 1997 - 6:30 P.M.
Tommy Brown
Byron Sibbet
Mack Garvin
Jo Ann Johnson
Don Phifer
Cheryl Cowen Lyman
Larry Cunningham
Randy Shiflet
Patricia Hutson
Rex McEntire
Greg Dickens
Barry LeBaron
Larry Koonce
Pam Burney
Thomas Powell
Melani Fragge
Richard Albin
Mayor
Mayor Pro Tern
Councilman
Councilwoman
Councilman
Councilwoman
City Manager
Assistant City Manager
City Secretary
Attorney
Public Works Director
Planning/Inspection Director
Finance Director
Environmental Services Director
Support Services Director
Human Resources Director
City Engineer
Lyle E. Welch
Frank Metts, Jr.
Councilman
Councilman
I ITEM I DISCUSSION I ASSIGNMENT I
SPECIAL Ms. Burney announced that Critter Connection, NAN
OPENING EVENT the off-site adoption center for the North
AT CRITTER Richland Hills Animal Services Center, will
CONNECTION, open in North Hills Mall on August 30.
NORTH HILLS
MALL
Mayor Brown advised that there were 400 to
450 participants in the NationallronKids Bread
Triathlon on August 24.
Pre-Council Minutes
August 25, 1997
Page 2
I ITEM I DISCUSSION I ASSIGNMENT I
APPROVE Ms. Melani Fragge explained that this item NAN
EXEMPTION OF concerned unfunded federal mandates passed
CITY'S HEAL TH by the federal government last year. The
PLAN FROM legislation imposes certain requirements on
HIPAA health insurance plans. She advised that self-
REQUIREMENTS funded government plans have the option of
exempting themselves from the requirements
of the legislation. The City can exempt itself
now and adopt any or all of the requirements in
the future. She advised that this must be done
annually.
TEAKWOOD M r. Cunningham advised that IR 97-94 NAN
COURT explained the realignment analysis Staff did as
DRAINAGE instructed by the Council at the August 11
IMPROVEMENTS, Council meeting. Mr. Cunningham advised
PHASE II; that the results of the analysis showed that if
REALIGNMENT the City purchased and demolished the house
ANAL YSIS AND and realigned the box culvert, the project cost
AWARD OF BID would increase approximately $37,900. He
ON TEAKWOOD advised that Staff was recommending that
COURT, PHASE II Council act on the previous recommendation to
award the contract to Earth Builders, Inc. for
Phase II of the project. Mayor Pro Tern Sibbet
expressed concerns about the expense of the
project and questioned how often the house
flooded. Councilwoman Johnson also had
concerns about the project. Staff discussed
with Council the drainage project and the
chronology of events leading to the project.
SETTING DATE Mayor Brown advised that the City Council GREG D.
FOR WATER AND would hold a Water and Wastewater Impact
WASTEWATER Fee Workshop on September 2 at 6:00 p.m.
IMPACT FEE
,. -top
V\lr
Pre-Council Minutes
August 25, 1997
Page 3
I ITEM I DISCUSSION I ASSIGNMENT I
WEATHER Staff explained that auto dealers are desiring RANDY S.lBARRY L.
COVERS FOR covers primarily due to hail damage and cost
AUTOMOBILE of insurance. Plans are to prepare an
DEALERSHIP ordinance outlining safety, distance, and other
LOTS requirements for such covers and bring
ordinance to the Council after submitting to the
Planning and Zoning Commission.
Councilwoman Lyman questioned the
appearance of the covers. Staff presented an
artist rendition of the proposed covers. There
were no further questions from the Council.
OTHER ITEMS Agenda Item No. 12, PZ 97-23 - NAN
Councilwoman Lyman questioned which
recommendation the Council would be taking
action on. The Council was advised Staffs
recommendation was for Council to consider
the recommendation of the North Richland
Hills Home Builders. Mr. Shiflet advised that
Councilman Metts had discussed with him a
concern he received from a builder on the 20%
open space requirement. The builder had
some lots he was not able to build on because
of the requirement, and would like to see it
deleted. Councilwoman Lyman advised she
favored retaining the 20% rear yard open
space.
Councilwoman Lyman advised that the Cable LARRY C.
Board Minutes reflected that the Cable Board
was sending out letters. She expressed
concerns about this and felt that the Cable
Board needed direction from the Council.
Pre-Council Minutes
August 25, 1997
Page 4
ITEM DISCUSSION ASSIGNMENT
OTHER ITEMS Agenda Item No. 17, GN 97-83 - Mayor RANDY S.
(Continued) Brown requested Council to consider
postponing taking action on this item until
Watauga had taken official action.
Agenda Item No. 16 - PS 97-34 - Councilman NAN
Phifer advised that he would be removing this
from the Consent Agenda and would abstain
from discussion and vote because of conflict of
interest.
Agenda Item No. 15 - PS 97-19 - Mr. NAN
Cunningham advised that the applicant has
requested a waiver of the sidewalk
requirement. The recommendation from the
Planning and Zoning Commission included the
sidewalk requirement. Councilwoman Johnson
expressed concerns about H & M parking their
trucks along the road and wanted to see the
problem alleviated. Mayor Pro Tem Sibbet
questioned the 15-foot drainage easement.
DISCUSS USE OF Mr. Cunningham advised that on occasion LARRY C.lPA TRICIA
PRE-COUNCIL there were items Council needed to discuss
TIME that would take approximately 20 to 25
minutes. He stated that rather than schedule a
separate workshop, he would like, with
Council's approval, to incorporate those issues
and information reports into the Pre-Council
Agenda. The Council agreed to use Pre-
Council time for discussion of miscellaneous
issues.
Pre-Council Minutes
August 25, 1997
Page 5
I ITEM I DISCUSSION I ASSIGNMENT I
ADJOURNMENT Mayor Brown announced at 7: 15 p.m. that the NAN
TO EXECUTIVE Council would adjourn to Executive Session for
SESSION consultation with the City Attorney on Bean
et al vs. N.R.H. as authorized by Section
551.071 of the Government Code.
Tommy Brown - Mayor
ATTEST:
Patricia Hutson - City Secretary
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 - AUGUST 25,1997 -7:30 P.M.
1.
CALL TO ORDER
Mayor Brown called the meeting to order August 25, 1997 at 7:30 p.m.
ROLL CALL
Present:
Tommy Brown
Byron Sibbet
Mack Garvin
JoAnn Johnson
Don Phifer
Cheryl Cowen Lyman
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilman
Councilwoman
Staff:
Larry Cunningham
Randy Shiflet
Patricia Hutson
Rex McEntire
Greg Dickens
City Manager
Assistant City Manager
City Secretary
Attorney
City Engineer
Absent:
Lyle E. Welch
Frank Metts, Jr.
Councilman
Councilman
2.
INVOCA TION
Mayor Pro Tem Sibbet gave the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
SPECIAL PRESENTATION
A. "Yard of the Month" Awards
Mayor Brown and Ms. Patsy Tucker, Beautification Committee Member, presented the
August "Yard of the Month" awards: Debra McDonald, 7904 Kandy Lane; Sara and
Scott Wood, 7828 Old Hickory; Mary and Randy Burton, 6921 Clift Drive; Mike and
City Council Minutes
August 25, 1997
Page 2
Cathy Filis, 6852 Megan; Sam and Jane Lawson, 4901 Wondol Circle; Richard and
Theresa Radwan, 5909 Circle Drive North; Juanita and Glenn Miller, 6632 Quail Ridge;
Bill and Glenda Neff, 4305 Ashmore; and Tim and Janice Pulliam, 4529 Shady Lake.
B. "Landscape of the Month" Awards
Diamond Loch Apartments, 6100 Glenview Drive, received the "Landscape of the
Month" award for August.
C. "Keep Texas Beautiful" Award
Ms. Delores Pultz, Chair of the Beautification Committee, advised that Mr. Greg
Oldenburg, Cable TV Coordinator, received the first place award in Citicable for his
Citicable work on showing the environmental and beautification projects for North
Richland Hills. Ms. Pultz advised that Mr. Oldenburg received his certificate at the
Keep Texas Beautiful Conference in San Antonio. Ms. Pultz presented to
representatives from Foster Village Elementary the Certificate of Merit Award won by
the Panther Science Club, Foster Village Elementary. Ms. Pultz presented the City
with the Sustained Excellence Award.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilwoman Johnson removed Item No. 17 and Councilman Phifer removed Item No.
16 from the Consent Agenda.
6.
CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK
(7, 8, 9, 10, 11, 18, 19, 20, 21, 22, 23, 24, 26 & 27)
APPROVED
Mayor Pro Tem Sibbet moved, seconded by Councilman Phifer, to approve the
Consent Agenda.
Motion carried 5-0.
*7.
MINUTES OF THE WORK SESSION JUNE 30, 1997
APPROVED
City Council Minutes
August 25, 1997
Page 3
*8.
MINUTES OF THE SPECIAL MEETING JULY 21, 1997
APPROVED
*9.
MINUTES OF THE WORK SESSION JULY 21, 1997
APPROVED
*10.
MINUTES OF THE PRE-COUNCIL MEETING AUGUST 11,1997
APPROVED
*11.
MINUTES OF THE REGULAR MEETING AUGUST 11, 1997
APPROVED
12.
PZ 97-23 PUBLIC HEARING TO CONSIDER THE AMENDMENT TO
THE ZONING REGULATIONS TO INCREASE THE MINIMUM
SQUARE FOOTAGE IN THE R-1, R-1-S AND R-2 DISTRICTS;
INCREASE THE LOT WIDTH IN THE R-2 DISTRICT AND TO
DELETE THE REAR YARD OPEN SPACE REQUIREMENT -
ORDINANCE NO. 2210
(TABLED AT THE JULY 14,1997 COUNCIL MEETING)
APPROVED
Councilwoman Johnson moved, seconded by Councilwoman Lyman, to remove PZ 97-
23 from the table.
Motion carried 5-0.
Mr. LeBaron, Director of Planning, advised the Council of the recommendations from
the Planning and Zoning Commission and the North Richland Hills Home Builders.
Mr. LeBaron advised that if Council decided to approve the recommendation from the
Home Builders, the Council needed to consider effective dates. Mr. LeBaron
recommended an effective date of January 1, 1998 for increasing the minimum square
footage in the R-1, R-2 and R-1-S Districts for lots platted after January 1, 1998; an
effective date of January 1, 1998 for the change in the minimum lot width for lots platted
after January 1 1998, and the remainder of the proposed changes to be effective
immediately.
City Council Minutes
August 25, 1997
Page 4
Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or
against to come forward.
There being no one wishing to speak Mayor Brown closed the Public Hearing.
Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve
Ordinance No. 2210 incorporating the recommendations of the North Richland Hills
Home Builders and the Staff recommended effective dates which are: 1) increase
minimum square footage in the R-1 and R-1-S Districts from 2,000 square feet to 2,300
square feet for lots platted after January 1, 1998; 2) increase the minimum square
footage in the R-2 District from 1,800 square feet to 2,000 square feet for lots platted
after January 1, 1998; 3) increase the minimum lot width of an interior lot in the R-2
District from 70 feet to 72.5 feet for lots platted after January 1, 1998; 4) the minimum
distance between a side and rear property line and a garage entry to be 20.5 feet in all
residential zoning districts or any residential planned developments effective
immediately; and 5) reduce the front building line in the R-2 District from 25 feet to 20
feet effective immediately. The 20% rear yard open space requirement to be retained.
Motion carried 5-0.
13.
PZ 97-35 PUBLIC HEARING TO CONSIDER THE REQUEST
OF MMN, INC. FOR A SPECIAL USE PERMIT
FOR A CONVENIENCE STORE/CAR WASH AT THE SOUTHWEST
CORNER OF NORTH TARRANT PARKWAY AND DAVIS BOULEVARD-
ORDINANCE NO. 2230
APPROVED
Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or
against to come forward.
Mr. Michael Roberts, representing the applicant, appeared before the Council and
spoke in favor of the request.
There being no one else wishing to speak Mayor Brown closed the Public Hearing.
Mayor Pro Tem Sibbet moved, seconded by Councilwoman Lyman, to approve
Ordinance No. 2230.
Motion carried 5-0.
City Council Minutes
August 25, 1997
Page 5
14.
PZ 97-36 PUBLIC HEARING TO CONSIDER THE REQUEST OF
GLENN THURMAN, INC. FOR A SPECIAL USE PERMIT
TO OPERATE A TEMPORARY CONCRETE BA TCHING PLANT
ON TRACT 11B, THOMAS PECK SURVEY, ABSTRACT 1210
(LOCATED AT 8616 DAVIS BLVD.)-
ORDINANCE NO. 2231
APPROVED
Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or
against to come forward.
There being no one wishing to speak Mayor Brown closed the Public Hearing.
Councilwoman Johnson moved, seconded by Councilman Phifer, to approve Ordinance
No. 2231.
Motion carried 5-0.
15.
PS 97-19 REQUEST OF H & M FOOD SYSTEMS COMPANY
FOR REPLA T OF LOT 6R, BLOCK 3, INDUSTRIAL PARK ADDITION
(LOCATED AT 6301 BROWNING COURT)
APPROVED
Councilwoman Lyman moved, seconded by Councilman Phifer, to approve PS 97-19 as
recommended by the Planning and Zoning Commission.
Councilwoman Johnson advised she had concerns about the trucks along the road.
She advised she hoped H & M Food Systems would take care of the traffic problem
created by the trucks.
Motion carried 5-0.
16.
PS 97-34 REQUEST OF MARIO CONTALDI FOR A FINAL PLAT
OF LOT 1, BLOCK 1, CONT ALDI ADDITION
(LOCATED AT THE SOUTHWEST CORNER OF
MID-CITIES BOULEVARD AND ABBOTT AVENUE)
APPROVED
City Council Minutes
August 25, 1997
Page 6
COUNCILMAN PHIFER ADVISED THA T HE WAS ABSTAINING FROM DISCUSSION
AND VOTE BECAUSE OF CONFLICT OF INTEREST.
Councilman Garvin moved, seconded by Mayor Pro Tern Sibbet, to approve PS 97-34.
Motion carried 4-0; Councilman Phifer abstaining.
17.
GN 97-83 INTERLOCAL AGREEMENT WITH THE CITY OF WATAUGA
FOR THE PURCHASE OF FUEL FROM NORTH RICHLAND HILLS -
RESOLUTION NO. 97-36
POSTPONED
Councilwoman Johnson moved, seconded by Mayor Pro Tem Sibbet, to postpone GN
97-83.
Motion carried 5-0.
*18.
GN 97-84 EXEMPTION OF CITY'S HEALTH PLAN
FROM HIPAA REQUIREMENTS
APPROVED
*19.
GN 97- 85 SET DATE FOR PUBLIC HEARING
FOR 1997/98 CITY BUDGET, PARKS AND
RECREATION DEVELOPMENT CORPORATION
AND CRIME CONTROL AND PREVENTION DISTRICT BUDGETS
APPROVED
*20.
GN 97-86 AUTHORIZING EMINENT DOMAIN ON HIGHTOWER DRIVE
WIDENING PROJECT - CROSSTIMBERS LANE TO MEADOW CREEK DRIVE
RESOLUTION 97-37
APPROVED
*21.
GN 97-87 SET DATE FOR PUBLIC HEARING ON
LOCAL LAW ENFORCEMENT BLOCK GRANT
APPROVED
City Council Minutes
August 25, 1997
Page 7
*22.
GN 97-88 APPROVAL OF LOCAL LAW ENFORCEMENT
BLOCK GRANT ADVISORY BOARD -
RESOLUTION 97-37
APPROVED
*23.
PU 97-68 AUTHORIZE CONTRACT WITH BADGER METER
APPROVED
*24.
PU 97- 69 CONTRACT WITH TARRANT COUNTY
FOR COLLECTION OF CITY PROPERTY TAXES
APPROVED
25.
PW 97-18 AWARD OF BID ON TEAKWOOD COURT, PHASE II
(POSTPONED AT THE AUGUST 11, 1997 COUNCIL MEETING)
APPROVED
Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve
PW 97-18.
Motion carried 5-0.
*26.
PW 97-19 AWARD OF BID ON MAPLEWOOD AVENUE
PAVING AND UTILITY IMPROVEMENTS
APPROVED
*27.
AUTHORIZE FINAL PAY ESTIMATE NO.5 IN THE
AMOUNT OF $19,678.70 TO MID-STATE UTILITIES, INC.
FOR WATAUGA ROAD 12" WATER LINE, PHASES I & II
APPROVED
28.
CITIZENS PRESENTATION
None.
City Council Minutes
August 25, 1997
Page 8
29.
ADJOURNMENT
Mayor Brown adjourned the meeting.
Tommy Brown - Mayor
ATTEST:
Patricia Hutson - City Secretary
..
'\
CITY OF
NORTH RICHLAND H/LLS
Department: Planning and Inspections
Council Meeting Date: 09/08/97
\
-
Subject: Public Hearing to Consider the request of Rebel Properties Agenda Number: PZ 97-37
to Rezone Parts of Lots 26 & 27, Block 1, Thompson Park Estates from
R-1 Residential to C-1 Commercial. (Located at 6225 Precinct Line Road)
Ordinance No. 2232
Rebel Properties has submitted a request to rezone two lots located south of the intersection of Mid-
Cities Boulevard and Precinct Line Road. The lots are currently zoned R-1 Single Family Residential;
however, the North Richland Hills Master Plan has identified the area around the intersection of Mid-
Cities Boulevard and Precinct Line Road as a future commercial area. This rezoning request is
consistent with the North Richland Hills Master Plan.
The property is bounded on the west and south by the new high school site, which is currently zoned U-
Institutional. The properties to the north are zoned R-1 Single Family Residential. The property on the
east side of Precinct Line Road is in the City of Hurst.
Notices have been mailed to all property owners located within 200 feet of this zoning request. Staff
has not received any adverse comments.
The Planning & Zoning Commission considered this request at its August 28, 1997 meeting and has
recommended approval as presented.
'-..-
RECOMMENDA TION:
It is recommended that the City Council hold the required public hearing and consider the
recommendation of the Planning & Zoning Commission.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
,Finance
Director
....
í3~rtm~¡ø.~s~g~ ~ ~ 2J~
CITY COUNCIL ACT/ON ITEM
ORDINANCE 2232
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 97-37, the following described property shall be rezoned
from R-1 Residential to C-1 Commercial:
Parts of Lots 26 and 27, Block 1 of the THOMPSON PARK ESTATES, an addition to
the City of North Richland Hills, Texas as said Block 1 appears upon the map thereof
recorded in Volume 388-12, Page 31, Plat Records, Tarrant County, Texas
(P.R.T.C.T.), and all of the 0.1526 acre tract described in the deed to C. Ken
Cummings, Karry McCombs and Paula Turner recorded in Volume 12250, Page 351,
Deed Records, Tarrant County, Texas (D.R.T.C.T.), and a part of the T. K. MARTIN
SURVEY, Abstract NO.1 055, and being more particularly described as follows:
Beginning at a 5/8" iron set set on the east side of a 1-1/2" pipe for the southwest
corner of said lot 27 from which a 5/8" yellow capped iron found bears N 00°16'32" E,
0.51 feet.
Thence N 00°16'00" E, along the westerly line of said Lot 27 and the westerly line of
said Lot 26, passing at 286.80 feet a 1/2" iron found on the west side of a 1-112" pipe
found for the common west corner of said Lot 26 and the said 0.1526 acre tract,
continuing in all a distance of 316.80 feet to a 5/8" iron set for the northwest corner of
said 0.1526 acre tract.
Thence N 89°56'16" E, along the northerly line of said 0.1526 acre tract 222.14 feet to a
5/8" iron set for the northeast corner of said 0.1526 acre tract.
Thence S 00°02'42" W, along the easterly line of said 0.1526 acre tract, passing at 30
feet the southeast corner of said 0.1526 acre tract, the northeast corner of said Lot 26,
and the northwest corner of a 8488 square feet tract described in the deed to the State
Ordinance No. 2232
Page 1
of Texas recorded in Volume 11174, Page 3412, D.R.T.C.T., continuing along the
common line of said Block 1 and said 8488 square feet tract for the west right-of-way
line of Precinct Line Road, in all a distance of 316.80 feet to a 5/8" iron found for the
southeast corner of said Lot 27, the southwest corner of said 8488 square feet tract
from which a 5/8" yellow capped rod found bears S 08° 59'12" W, 0.39 feet.
Thence S 89° 56'16" W, along the south line of said Lot 27, a distance of 223.37 feet to
the place of beginning containing 1.620 acres.
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.
Ordinance No. 2232
Page 2
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 28th DAY OF
August 1997.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 8TH DAY OF September
1997.
Mayor
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No. 2232
Page 3
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8.
PZ 97-37
PUBLIC HEARING TO CONSIDER THE REQUEST OF REBEL PROPERTIES
TO REZONE PARTS OF LOTS 26 & 27, BLOCK 1, THOMPSON PARK
ESTATES FROM R-1 RESIDENTIAL TO C-1 COMMERCIAL. (LOCATED AT
6225 PRECINCT LINE ROAD)
APPROVED
Vice Chairman Davis opened the public hearing and called for any proponents.
Mr. Wood stated that due to a conflict of interest, he would be abstaining from
the discussion and voting of this item.
There being no proponents, Vice Chairman Davis called for any opponents.
Seeing none, the public hearing was closed.
Mr. Ferguson made the motion to approve PZ 97-35.
Mr. Bowen seconded the motion and it carried 5 - 0, with Mr. Wood abstaining.
STAFF REPORT
There was nothing to report.
There were none.
11.
ADJOURNMENT
Ing no further business to conduct, the meeting adjourned at 7:40 p.m.
on Bowen, Secretary
David Barfield, Chairman
Please print all responses
CITY OF NORTH RICHl.4NO HILLS
730 1 1'1,£ LOOP 820
NOATH AICHl.4NO HILlS, TEXAS
76180
617·561-5515
·APPLICATION FOR A ZONING DISTRICT CHANGE
STREET ADDRE:SS OF APPUCANT,
PART 1. APPLICANT INFORMATION
N,J,ME OF APPUCANT IAGE:NT:
1845 Precinct Line Road Suite 108
CITY IST,J,r¡: I ZIP OF APPUCANT:
H
PART 2. PROPERTY OWNER INFORMATION
N,J,ME OF PROPERTY OWNE:R:
C. Ken Curnnins Pa
STRE:ET ADDRE:SS OF PROPERTY OWNE:R:
P. O. Box 163049 Fort Worth Texas
CITY ISTATE: IZIP ;JF PROP£ATYOWNE:R,
TE:LE:PHON£ NUMBEA OF PROPERTY OWNE:R:
LEG,J,L DESCRIPTION OF PROPERTY WH£RE: ZONING DISTRICT CH,J,NGE IS BEING RE:OUESTEO.·
2
STA:::I ADORE:SS,J, T LOCATION WH£RE ZONING DISTRICT CHANGE is SE:/NG R£OUESTED:
PART 3. DESCRIPTION OF REQUEST
C:'.'~RE:NT ZONING:
R-1 Residential
PROPOSED ZONING'
C-1
PROPOSED USE: OF PROPERTY.
Ccmœrcial
HI'ASON FOR CHANGE:,
Prorosed ccmrercial uses are anticiœted.
SU1~=Y OR MAP ATT,J,CHE:D AS RE:OUIRED BY THIS FORM
,J, TT ACH AFFIDA VTT FROM PROPERTY OWNEA IF APPUCANT IS NOT OWN£R.
CD YES
D NO
[L] YES
r:::J NO
D, E::
I . Jereby certify that the above information is correct to the best of my knowledge,
9-J=-97
Your Name (printed) IYJft~~ j. WCtJJJ
Signature
C,J,SE NUMBER
PART 4. OFFICE USE ONL Y
P!: P'..fSLlC HE,J,RING D,J,TE.
8~)..'D·91
r .J.XES PAlO?
DYES
ONO
'Pz
7-
CI;"( COUNCIL HEARING DA TE
- f) - '17
UENS P,J,ID?
DYES
ONO
FEE
S300.00
2CNiNG C/STR/CT CHANGE ,J,PRO'ÆD
CJ YES
c:::J NO
ORD. NO
ASSESSMENTS PA/D?
DYES
ONO
ThIS apoIlcanon 'Mil "'" oe s:n8C1Jted
lor puO/lC heannç unUI :he applcauon
tee 1$ rec"vø:2.
S1 /P'.,.'l). TlONS
ZONING DISTRICT CHANGE
Page 1 01 2
CD-044 (I.~)
CITY OF
NORTH RICHLAND HILLS
Department:
Planning and Inspections
Council Meeting Date: 9/08/97
Subject:
Request of H & M Food Systems Company for
a Replat of Lot AR, Block 3, Industrial Park
Addition. (Located at 6350 Browning Court)
Agenda Number: PS 97-20
H & M Foods operates a food processing plant at the southwest corner of Browning Court and
Wuliger Way. The manufacturing plant is situated on a single lot, but the company has recently
purchased property to the south and is replatting the newly acquired property into their industrial
plant campus to accommodate the plant expansion.
The issues associated with this plat are as follows:
1. Sidewalks: The applicant is requesting a waiver of the sidewalk requirement since there are
no other sidewalks in this industrial area. The Planning & Zoning Commission has
recommended a waiver of the sidewalk requirement.
2. Water Line: A Water line extension is requifed along the west property line to begin
"looping" the water system in this area. The applicant has signed a covenant for the future
extension of the water line rather than construct the water line at this time.
3. Drainage: Drainage off the southwest portion of this property is genefally to the west and
south onto properties which are currently undeveloped. The owner of the adjacent property to
the west has not agreed to provide a letter accepting the runoff, but has agreed to provide a
12.5' drainage easement along their common property line with H & M Foods. H & M Foods
has provided an engineering design and agreed to construct an underground dfainage system
which will discharge to the south and into an existing storm drain. The Public Works
Department has agreed with the drainage design.
4. Fire Hydrants: The Planning & Zoning Commission required an additional fife hydrant on
Wuliger Way which will provide fire protection for the entire building. H & M Foods has paid the
City of NRH to install the new fire hydrant.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
Other (3 - t
't l ~m~H~~~
- CITY COUNCIL ACTION
Finance Oir.Clo,
Page 1 of
CITY OF
NORTH RICHLAND HILLS
The Planning & Zoning Commission considered this replat at its August 28, 1997 meeting and
has recommended approval as presented with a waiver of the sidewalk requirement.
RECOMMENDA TION:
It is recommended that the City Council approve the recommendation of the Planning & Zoning
Commission.
CITY COUNCIL ACTION ITEM
D.,,...,'"'\ ......J
.~ Y í'L{
C1TY/OWNER AGREEMENT AND COVENANT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
WHEREAS, H & M Foods, Inc. hereinafter referred to as "Owner", and the City of North Richland
Hills, Texas, a municipal corporation operating under a Home Rule Charter, hereinafter referred to as
"City", desire to enter into a contract for payment of cost for water line improvements along the west
property line of Industrial Park Addition, Lot A-R, Block 3.
WHEREAS, H & M Foods, Inc. owns that certain tract of land; said tract of land being Industrial
Pali< Addition, lot A-R, Block 3; an addition to the City of North Richland Hills, Tarrant County, Texas.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
do hereby agree as follows:
1. The parties agree that the Owner is obligated to pay for the extension of a water line along the
the west property line of said property. The City extends to the Owner the option of paying for
those improvements at this time or executing this agreement to pay for said improvements at
some time in the future.
2. The Owner has elected to execute this agreement to pay for said improvements at a date in the
future when these improvements are constructed. The amount of such payment in the future shall
be based upon the actual cost of such improvements at the time the improvements are
constructed.
3. The City shall present to the Owner, his successors or assigns, an itemized statement of charges
for such improvements at the time such improvements are completed and snail be entitled to
payment within sixty (60) days from presentation. In the event that such charges are not paid
within sixty (60) days from presentation, the City shall have the right to file and record such
charges as a lien against the said abutting property and to foreclose said lien if payment is not
made within ninety (90) days from date of recording,
4. The Owner hereby executes this agreement as a Covenant that will run with the land described
above and shall obligate the land and all successors and assigns of the Owner and shall inure
to the benefit of the City.
ag7~
PttgIJ 1 of 2
H&Al.COV
EXECUTED this the
Ie¡
day of
1fuG-u.sJ
,19fl
Company Name:
Ih-m
hYo'j)
(Pnnt~ Name)
Sy~)W S-
I
By: 0..)IU__It7-n1 D. ~1 Pf.Z£.[ID.£AT
\Pnnt~ Name and Trtle)
ú~ ~~~~T~I ~~
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this the 19th day of Auqust
1922-, by William D. Day of H&M Food Systems Company, Inc.
a Delaware corporation, on behalf of said corporation.
~'''9 OesORAH II. SPENCE
Notary Public. Slate of Texas
My Commission Expires
OCTOBER 2. 2000
12JJrndt /iJ _ ~/k~
Notary Public. State of Texas
Commission Expires:
Notary's Printed Name:
October 2, 2000
Deborah M. Spence
,'.1.1 \ \ \I" : ri¡ III/III
,,'-., ~CHlA 11 ¡ 111/
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City 'S'-ët:t'ët'ary
CITY OF NORTH RICHLAND ~
BY:~~
Mayor
~;:ç--
Attorney for the City
~7-S-Cœ
Page 2 of 2
H.Uof,CQV
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
AGREEMENT
WHEREAS, H & M Food Systems Company, Inc. (called Company) is faced with
an emergency in procuring a building permit for expansion of its facilities on a tract
described as the future Lot A-R, Block 3, Industrial Park Addition in the City of North
Richland Hills, Texas; and
WHEREAS, the approval of the proposed plat of said Lot A-R has been delayed
by the Planning and Zoning Commission; and
WHEREAS, in order to induce the issuance of a building permit prior to plat
approval, Company agrees as follows:
1. Company will engineer and install an underground storm drainage facility from the
southwest comer of its proposed parking lot on said Lot A-R to the existing City
drainage headwall approximately 300 feet south of the proposed parking lot.
Company will procure the necessary easements and submit plans to the City for
approval by the Director of Public Works. Company agrees to complete this
requirement by December 1,1997. Company recognizes that the City will not permit
the paving of the parking lot until the drainage facility is installed.
2. Company will pay the City to install an additional fire hydrant at a point which will
give full fire hydrant coverage to the proposed building prior to receiving a permit to
build above the foundation. City will install the fire hydrant within 14 days of
receiving the money.
3. Company will engineer and install an 8" water line from the existing water line in
Browning Court south along its entire west boundary line to the southwest comer of
what is proposed to be Lot A-R, Block 3, Industrial Park Addition. This installation
will be made immediately when the City Public Works Director orders it installed.
The Company will install the necessary fire hydrant or fire hydrants when said line is
installed.
4. Company agrees to diligently pursue plat approval. City agrees to issue a
foundation permit upon signing this agreement and the necessary application by
Company.
/'"'
Signed this IS day of
t!u.q, u d-
I
H & M FOOD SYSTEMS COMPANY, INC.
,1997.
By
¿d¿~ ~ rÇ)
CITY OF NORTH RICH LAND
BY~C~
Architecture / Engineering
Planning
1401 Henderson Street
Fort Worth, Texas 76102
1,817,335.4991
FAX 1,817,877,1861
Gideon Teal
August 18, 1997
Julia W. Skare, P .E.
City of North Richland Hills Public Works
P.O. Box 820609
North Richland Hills, Texas 76182-0609
RE: Final Platt
PS97-20 Industrial Park Addition
Block 3, Lot A-R
Dear Julia:
We have received your review comments dated August 7, 1997 and offer these responses.
Comments 1, 7 and 9 will be included in our final subrrussion of Platt and Site Plan.
Comment #2 - The drainage for the proposed southwestern Parking Lot is currently under review.
Per our discussions with Greg Dickens drainage for this area will be constructed in a manner
approved by Public Works.
Comment #3 - A contract for the purchase of this property is being reviewed by the current owner.
A complete purchase of this property should be accomplished within the next few weeks.
Comments #4 & #5 - Have been addressed in a covenant executed on August 15, 1997.
Comments #6 & #8 - Has been addressed in our response letter from Gary Curtis dated July 22,
1997. We are requesting a waiver of these two requirements.
Comment #10 - The owner will concur with the requirement for an NPDES pennit. Action is
being taken to obtain this pennit.
I hope this will resolve the remaining issues with regards to this Platt. If you have further
concerns please call.
Sincerely,
5i ~\\
_,,~~~I
, ráck Dill
JD:dwf
cc: Luke Rainbolt, H & M Foods 6350 Browning Ct., NRH, Texas 76180
Barry Lebaron, Director Planning and Zoning City ofNRH
File D:\LTIlSMI5aSKAREIJD
CITY OF N*RTH RICHLAND HILLS
Public Works
August 7, 1997
MEMO TO: Planning and Zoning Commission
FROM: Julia W. Skare, P.E., Staff Engineer
SUBJECT: PS97-20; INDUSTRIAL PARK ADDITION; Block 3, Lot A-R; Final Plat
We have reviewed the topographical and drainage documents submitted to this office
on July 28, 1997 and the site grading plan submitted on July 29, 1997. The following
items are for your consideration.
1. DRAINAGE STUDY The review of the drainage study is addressed in a
separate letter dated July 31 to the Engineer.
2. DRAINAGE The drainage off the proposed southwestern parking lot has been
designed for sheet flow to the west. This was only to be allowed with the
adjacent property owner's written permission. If the permission is not granted,
the parking lot runoff will need to be captured and transported to a recognized
watercourse in accordance with our design criteria.
3. SITE PLAN The site plan should include dimensions for the curb radii and
distance between approaches for existing and proposed approaches on both
sides of Browning Court and Wuliger Way as previously requested. The current
site grading plan shows grading and paving improvements off site (south) of the
property. An approval letter is required from the adjacent property owner
prior to the start of the off site grading.
4. FIRE HYDRANT The Design Manual contains criteria for necessary fire hydrant
coverage. A portion of the proposed building and property does not meet this
criteria.
5. WATER LINE A covenant will need to be signed regarding the extension of the
water line along the west side of the property.
6. BUILDING SETBACK The front building line setback for Industrial zoned
property is 25 feet per the Zoning Regulations. There are currently tanks
located within this setback along Wuliger Way. A waiver of this requirement
along Wuliger Way has been requested
P.O. Box 820609 * North Richland Hills, Texas. 76182-0609
7301 Northeast Loop 820 *817-581-5521 * FAX 817-656-7503
7. SIGNATURES The appropriate signatures need to be added to the Owner's
Acknowledgment and Dedication. The name of the President of H & M Foods is
incorrectly shown on the Plat. This needs to be revised with the next submittal.
In addition the surveyor's seal and signature need to be added to the mylar of
the Final Plat.
8. SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public
streets. The sidewalks need to be included with the construction plans for
coordination purposes. A owner has requested a waiver of this requirement
along Browning Court and Wuliger Way.
9. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design
Manual. Street lights are required to be installed on the existing power pole at
the southwest corner of Wuliger Way and Browning Court and on the existing
power pole along the south side of Browning Court approximately 480 feet from
the intersection of Wuliger Way and Browning Court. The cost for installation of
any additional street lights will be paid by the developer directly to TU Electric.
10. NPDES PERMIT Current EPA regulations require that an NPDES permit be
obtained prior to beginning construction. The owner and contractor are both
responsible for obtaining the permit. The Owner should therefor request
information from the EPA to determine the necessary steps for filing an
application for an EPA - NPDES Permit.
This review was based on the plat, topographical drawing, drainage analysis and the
site grading plan. The intention of this letter is to comment on items of significant
importance to the general concept. A detailed review will be processed when the final
construction plans are submitted. The marked-up blue lines need to be returned with
the next submittal.
(:~~ JfJp~
Ju1ta W. Skare, p:'E.
Staff Engineer
JWS\pwm97122
cc: Gregory W. Dickens, Public Works Director
Kevin B. Miller, Assistant Public Works Director
H & M Foods, Luke Rainbolt
Gideon Toal, Jack Dill
6.
PS 97-20
REQUEST OF H & M FOOD SYSTEMS COMPANY FOR A REPLA T OF LOT
AR, BLOCK 3, INDUSTRIAL PARK ADDITION (LOCATED AT 6350
BROWNING COURT)
TABLED
Mr. Wood stated that due to a possible conflict of interest he would be abstaining
from discussion and voting of this item.
Mr. LeBaron explained that there are several issues associated with this replat.
The applicant is requesting a waiver on the sidewalk requirement. Additionally,
the applicant is requesting to sign a covenant for the future cost of a required
water line, and asking for extended time on making necessary drainage
improvements. There was much discussion regarding the drainage of this
property.
Mr. Jack Dill, Gideon Toal Architects, was asked to explain the need for a sixty
foot clear zone on the south side of the building. Mr. Dill explained that this is a
building code issue for a building of this type of construction and this large of
square footage's. The sixty foot clear zone allows them to have a different type
of fire code rating and reduces the construction cost of the building. Without the
clear zone the building would have to have more costly construction. H & M
Foods has a pending contract to purchase the adjacent property.
Chairman Barfield explained that while the Planning & Zoning Commission
understands that time is of the essence for H & M Foods, however, they have
two unresolved issues associated with this replat. Mr. Barfield stated that he
was uncomfortable moving on with this replat with the issue of drainage going to
the west and how it effects that property and the lack of a water line and fire
hydrant on the back side of the building.
Mr. Dill stated that they have worked very closely with the City and would like to
proceed with construction and they would have all unresolved issues resolved
before a Certificate of Occupancy is issued.
Mr. Barfield asked Mr. Dill if the replat were tabled for two weeks could the
issues be resolved in that time period. Mr. Dill stated he would do what ever it
would take to keep the construction project on schedule. Mr. Davis asked if
construction plans for permits had been submitted. Mr. Dill stated that plans had
been submitted in phases and that final plans had been filed with the city two
weeks ago. Mr. LeBaron stated that a building permit for the next phase of the
project could be issued during the next week if the platting issues were resolved.
Mr. Davis stated that nobody had contacted the Star Telegram about an
pi ¿
A 1"'1.... f~ j
g-- - 1;- 77
easement for looping the water line. He stated that H & M Foods has the option
of either signing a covenant, which may take them 60 to 90 days to get done.
However, if the applicant is in a hurry to get this replat done, then their legal
department should be able to expedite it. Mr. Davis stated that this is a simple
covenant that this city has done with numerous developers in the past. Mr.
Davis stated that the water line should either be installed or the applicant should
sign a covenant for the future costs of the line. Mr. Davis stated two weeks
shouldn't kill this project. Mr. Dill stated that a drainage study had been
completed and that a design for drainage improvements will be forthcoming. Mr.
Davis asked if the drainage study stated that drainage improvements weren't
necessary. Mr. Dill stated that the drainage study showed the amount of
drainage runoff. Mr. Dill stated that he thought the drainage could be sheet-
flowed on to the adjacent property, but the adjacent property owner wouldn't
provide a letter accepting the drainage sheet flow.
Mr. Davis asked staff if permission from the adjacent property owner had been
received to accept the off-site drainage. Mr. LeBaron stated no permission had
been received. Mr. Davis also asked staff if adequate drainage improvements
had been designed and presented to the city to take care of the drainage off this
property. Mr. LeBaron replied no.
Mr. Davis made a motion to table PS 97-20 for two weeks, allowing the applicant
time to obtain a water line easement from the Star Telegram to put the water line
in or having a covenant prepared and presented to P & Z for the water line and
fire hydrant improvements and, additionally that the applicant meet the
subdivision rules and regulations regarding drainage; either get permission for
the off-site drainage or design and build the necessary drainage improvements.
Mr. Nehring seconded the motion and it carried 6 - O.
forward.
4.
PS 97-20
REQUEST OF H & M FOOD SYSTEMS COMPANY FOR A REPLA T OF LOT
AR, BLOCK 3, INDUSTRIAL PARK ADDITION. (LOCATED AT 6350
BROWNING COURT)
APPROVED
Vice-Chairman Davis explained that this platting request had been tabled at their
previous meeting. He explained that all engineering comments had been met
and that the Commissioners had been given a copy of a fully executed City
Agreement and Covenant.
Mr. Wood stated that due to a conflict of interest, he would be abstaining from
discussion and voting on this item.
Vice Chairman Davis stated that if none of the Commissioners had any
questions, he would entertain a motion to approve PS 97-20 subject to engineers
comments, the covenant and waiver of the sidewalk.
Mr. Miller made the motion to approve PS 97-20 subject to engineers comments
and allowing for a sidewalk waiver.
Mr. Nehring seconded the motion and it carried 5 - 0, with Mr. Wood abstaining.
Vice Chairman Davis sta~~.çjt - ~"'ê. - ånsultants has agreed to all the
engineers comme ,,~ 'fthe sewer line extension, a landscaping burm in
place of a rl¥1 . ,,~ creening wall along Mid-Cities Boulevard and have
deter '''' '-~"., Y will meet the 75% masonry requirement in lieu of the roofing
"u "fhat was previously discussed as an option.
- r. Wood made the motion to approve PS 97-30 allowing the waiver of the
masonry screening wall along Mid-Cities Boulevard and approving the
landscaping burm in its place.
P i 2- fki " ~ ~ tc-J
?J - )%"-77
CITY OF
NORTH RICHLAND HILLS
I
Department:
Planning and Inspections Council Meeting Date: 9/08/97
Subject:
RA(l' It::~~t of ~::mrflin-R~rfiAlrf .Joint VAnfllrA for ;::¡ Agenda Number: p~ Ç)7 -:i:i
Final Plat of Thornbridge Phase V. (Located in the
8900 Block of Thornway Drive)
The Sandlin-Barfield Joint Venture is developing a 35.4 acre tract of land into 52 single family
residential lots as an extension to the Thornbridge area development. The Thornbridge
Subdivision is on the east side of Davis Boulevard in the 8200 Block. The property is zoned R-1
Single Family Residential. The following issue is associated with this plat:
1. Drainage Corridor Green Belt This subdivision contains a 200' wide drainage channel
which will also function as a green belt and connect to the Little Bear Creek Hike & Bike Trail
System.
The Final Plat differs from the Preliminary Plat with the addition of a new street which provides
circulation between Davis Boulevard and Precinct Line Road. The Preliminary Plat did not
provide for a Precinct Line Road connection. The Planning and Zoning Commission thought
the new configuration offered better traffic circulation and supported the revised layout.
The addition of the new street extension to Precinct Line Road reduced the originally proposed
3 acre neighborhood park in this vicinity to slightly under 1.5 acres. Furthermore, the revised
Final Plat contains a number of lots which extend approximately 12 feet deeper into the green
belt area than originally proposed in the Preliminary Plat. These lots are situated between
Thistle Court and Thornridge Drive in Block 1. The North Richland Hills Parks Department
expressed concern over this encroachment because it reduced the neighborhood park area and
limited its use. The developer has agreed to modify the Final Plat by moving the south property
lines of Lots 15 & 24, Block 1, approximately 10 feet to the north. The NRH Parks Department
is in agreement with the location of the relocated lot lines. Attached is a drawing showing the
area in question. The developer has also agreed to convey Lots 64 & 65, Block 3, Thornbridge
Phase III, and Lot 14, Block 1, Thornbridge Phase V to the City of North Richland Hills for use
as the neighborhood park. This neighborhood park will connect with the 11.8 acre drainage
channel/ green belt which will become a part of the NRH Hike and Bike Trail System.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
Acct. Number
Sufficient Funds Available
---
FI....... DIf.ClOt
Page 1 of
CITY OF
NORTH RICHLAND HILLS
The Planning & Zoning Commission, at its August 28, 1997 meeting considered this final plat
and recommended approval subject to engineering comments and that Lots 64 & 65, Block 3,
Thornbridge Phase III, and Lot 14, Block 1, Thornbridge Phase V be dedicated as a city park.
It was their feeling that the 12' encroachment was small and had a negligible effect on the
drainage channel green belt. The developer has complied with all other engineering comments.
RECOMMENDA TION:
It is recommended that the City Council approve the recommendation of the Planning & Zoning
Commission, subject to adjustment of Block 1 in accordance with the attached letter from the
developer.
CITY COUNCIL ACTION ITEM
n........._ _ t.
6.
ION CORPORATION
PLAT OF LOTS 16-31, BLOCK 24, KIN~
ADDITION. (LOCATED IN THE 7800 BLOCK ~.
Vice Chairman Davis expl· . ~~t of land divided into 16
lots and the Com . '. __ ad heard this zoning request several months ago.
All the right- dication, street improvements and masonry screening wall
requ.1œ' ".' fiVe been met. Additionally, the developer has agreed to all of the
. ,": _ # rs comments.
7.
PS 97-33
REQUEST OF SANDLIN-BARFIELD JOINT VENTURE FOR A FINAL PLAT
OF THORN BRIDGE PHASE V. (LOCATED IN THE 8900 BLOCK OF
THORNWA Y DRIVE)
APPROVED
Vice Chairman Davis explained that this is a 35 acre tract that is to be developed
into 52 single family residential lots and explained that they were aware of the
Parks Department potential alternative of requesting that 12' be deleted from
block 1. He explained that the applicant has agreed to dedicate Lot 1, Block 14
and Lots 64 & 65, Block 3, for this green belt parkway area. All other
engineering comments have been met.
Mr. Bowen made the motion to approve PS 97-33 subject to Lots 64 & 65, Block
3, of Thornbridge Phase III and, Lot 14, Block 1, Thornbridge Phase V, being
deeded to the City and subject to all engineers comments.
Mr. Wood seconded the motion and it carried 6 - O.
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1-'./:: 2
SANDLIN-BARFIELD JOINT VENTURE
700 HARWOOD ROAD
HURST, TEXAS 76053
(817) 281-9000
Mr. Barry LaBaron
Director of Planning and Inspection Services
7301 Northeast Loop 820
North Richland Hi11s, Texas 76182
Re: PS 97-33
Thombridge Phase V
Addition
North Riclùand Hills, Texas
Dear Barry:
After our meeting yesterday with you, Mr. Long, myself, Parks Dept. and Public
Work Dept. in referention to the additional tcn (10) feet adjacent to Lots 15, and 24,
Block 1, as requested by the Park Dept. We have now agreed to revise the Final Plat
adding the additional area to Lot 14, Lot 1.
Even though the Planning and Zoning Commission has requested approval of our
Final Plat as submitted, I have agreed to the revision as requested.
Please request the City Council to approve our Final Plat for Phase V of
Thornbridge subject to the revised Lots 14, thru 24, Block 1 and including the engineer's
comments.
We appreciate your cooperation in this Final Plat approval.
JOMW.Bamel~'(~
Barfield-Sandlin Joint Venture
....-4-.. 6 ~ ~
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CITY OF NORTH RICHLAND HILLS
Parks and Recreation Department
MEMORANDUM
TO:
Barry LeBaron, Director of Planning and Inspections
FROM:
Jim Browne, Director of Parks and Recreation
SUBJECT: Thombridge Phase V
DATE:
August 21, 1997
We have reviewed the engineering plans for the subject subdivision and recommend
approval of the final plat with the exception of the revised lot dimensions between Thistle
Court and Thornridge Drive.
Prior to submitting the preliminary plat, the applicant agreed to dedicate approximately 3
acres of additional upland, along with the drainage ditch, for a proposed neighborhood
park. The Parks and Recreation Department was not interested in accepting the
ownership and long term maintenance of the drainage ditch without the additional upland
necessary to develop a neighborhood pane
At the time the preliminary plat was approved, the applicant and the Parks and Recreation
Department agreed on a minimum amount of upland to provide neighborhood park
services, and the applicant agreed to the attached plan, removing lots 64 and 65 of block
3 of Phase III, lot 25 of block 1 Phase IV and reducing lot 15. block 1 of Phase IV. This
allowed a minimum area between the ditch and the lots to provide neighborhood park
amenities.
In an effort to maintain a 15,000 square foot minimum lot size, the applicant's revised
submittal shows that the lots between Thistle Court and Thornridge Drive grew in width,
encroaching into proposed park area. The available upland between the lots and the ditch
was an absolute minimum to accomplish our original goal of providing neighborhood park
amenities, and maintain an acceptable distance from the adjacent side yards.
The Parks and Recreation Department recommended simply adjusting the lots lines
between Thistle Court and Thornridge Drive, as shown on the attached plan. The k>ts will
only encroach into the proposed park area by approximately 2.22 feet, and all lots will
remain over the applicanfs desired 15,000 square feet.
~~
Jim Browne
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Owen p. ~ol;\g and Associates, Inc.
CONSULTING ENGINEERS
AU!iJust,19.1997
Mrs. Julia W. Skare. P.E.
Staff Engineer
City ot North Richland Hill~"
7301 N.E. LOOP 820 .
North Richland Hills, Texas
.. 2.
.
Re: PS97-33
THORNBRIDGE ADDITION Phase V
'Final Plat & Construction Plans.
North Richland Hills. TexaB
Dear Julia;
We have received a COpy ot your memo dated AuguGt 19. 1~97
addressed to the. Planinl1 and Zonlog Commisslon re:garC11ng the
captioned final Plat with con~truction plan~. We have the
fOllowing co~ent6.
1.
We have maintained the Bame minimum ot 15.000 ~.r. tor all
lots in Thprnbridge. that lS why we used the lot lines a3
shown on this Final PIãt. -Comparing the old. lot line between
lot 24 and 25 and the new lot Ilncs or lot ;¿t} and. 15 the 'lot
line moved only 13.22' or a~proximatelY 390ù s.t. The owner8
want to live "nth the Flnal Plat as submitted.. In reference
to lots 64 and 65. Bl-ock 3 or Phase I I I. w1lich ha5 been
platted. These lots are still available. therefore the owners
can convey the two lote to'the city it we all agree to this
Final Plat.
The Erosion control at Bramble Lane w11l be modified to
satisfy the city.
3.
The adjacent owners names will be added to the f'inal Plat.
4.
The additional Water and Sewer easements will be added to the
Final Plat to cover the Water and Sew~r malns.
5.
The oft-site easement t?r the Storm Sewer at the north end or
Brambel Lane will be prepared and submitted to the Public
Works Dept for their revie~ and ~pproval prior to filing.
."
, . .
1615 Precinct Line Road· Suite 106/ Hl,lrst, Texas 76054/ Phone (817) 281-8121- Fax (817) 281.4934
6. The current and propo~ed ZOn1ng tor the adjacent and proposed
lots are shown on the Plat.
7. The appropriate Sl~1atùre8 wlll be added to ~he Final Plat
prior to the t¡l~ng of .the. plat.
6. The owner is awa~e or the Cltles lmpac~ fee5. We are
requesting city participation for the 10 loch Water line and
for the 10 inch Sewer line as 1ndicated 10 your lD year plan.
9. We are aware of the inspectlon fec5.
10. We are aware of the need to obtain E.~.A. permits.
Additional comments. on the marked up construction plans will
be addressed and the marked UP set will be returned to the Public
Works Dept. If YOU have any further comments. Please give me a
call. ~
~4
Mark D. Long. P.E.
~J
/
cc. John Barfield
cc. J.B. Sandlin
CC. Ðarry LeBaron
CITY OF N*RTH RICHLAND HILLS
Public 'Narks
August 19, 1997
MEMO TO: Planning and Zoning Commission
FROM: Julia W. Skare, P.E.
Staff Engineer
SUBJECT: PS97 -33; THORNBRIDGE V ADDITION; Final Plat
We have reviewed the subject documents submitted to this office on June 30, 1997,
Items 1 & 2 need to be resolved prior to the placement of this plat on the Planning and
Zoning Commission agenda. The following items are for your consideration.
1. LITTLE BEAR CREEK CORRIDOR - The LBCC Committee has reviewed the lot
configuration as compared to the original preliminary plat and previous
comments. Previous discussions with the Developer and his representative
resulted in an agreement. The agreement included the dedication of additional
upland for a proposed neighborhood park. The upland area was described as
Lots 64 and 65 of Block 3. Lot 25 of Block 1 and approximately 1/3 of Lot 15,
Block 1. Specifically, the line was drawn across Lot 15 as an extension of the
north line of Lot 25. This placed the limit of the lots to be developed along
Thistle Court approximately 21 feet north of where it is now drawn. This is a
resulting deduction in park area of approximately 5,700 square feet. In addition,
Lots 64 and 65 have been platted as a part of Thornbridge Phase III. It is our
understanding that the dedication along Thistle Court needs to be moved to the
north and Lots 64 and 65 need to be dedicated to the City.
2. EROSION AT BRAMBLE - The plans identify a grouted rock rip-rap erosion
control at the outfall at Bramble. Gabion or "R-rap bags" are preferred since the
Parks and Recreation Department will be responsible for regular maintenance of
this area.
3, ADJACENT PROPERTY The Subdivision Regulations require the name of the
owners of adjacent property to be shown on the Plat. This needs to be shown
on the next submittal.
4. UTILITY EASEMENTS The Subdivision Ordinance requires a 7.5-foot Utility
Easement on both sides of all water and sanitary sewer mains. The water line
and the sanitary sewer line in Lot 14, Block 1 will need to be in 15-foot water line
easement and sanitary sewer line easement respectively. This needs to be
added to the Final Plat.
P.O. Box 820609 - North Richland Hills, Texas - 76182-0609
7301 Northeast Loop 820 -817-581-5521· FAX 817-656-7503
5. OFF SITE EASEMENTS The off site storm drain improvements at the north
end of Bramble Lane will need to be in a drainage easement. The easement will
need to extend 7.5 feet beyond the rock rip rap. All off site easements and
exhibits need to be prepared and forwarded to the Public Works Department for
review. The signed easements need to be transmitted to the Public Works
Department for filing with the approved Final Plat.
6. ZONING The current zoning needs to be clearly indicated on the face of the
plat. This includes the proposed lots and the adjacent lots.
7. SIGNATURES The appropriate signatures need to be added to the Owner's
Acknowfedgment and Dedication on the Final Plat.
8. IMPACT FEES The City of North Richland Hills has adopted water and sewer
impact fees. In general, these fees are due from the Builder (at the time of
construction) and therefore do not significantly impact on the Developer. There
are some projects however which require the construction of Public Water and
Sewer facilities. If those facilities are included in the City's 1 O-year plan, then
there may be City participation available.
9. INSPECTION FEES Inspection fees will be due prior to starting construction.
The current rate is 4% for water and sewer and 3% for streets and drainage.
10. NPDES PERMIT Current EPA regulations require that an NPDES permit be
obtained prior to beginning construction. The owner and contractor are both
responsible for obtaining the permit. The Owner should therefor request
information from the EPA to determine the necessary steps for filing an
application for an EPA - NPDES Permit.
There are numerous comments regarding the engineering and construction plans.
These comments 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
Rich/and Hills for the engineering in the bid documents. The marked-up blue lines
need to be returned with the next submittal.
~Jt.~
Julia . Skare, P.E/
Staff Engineer
JWS\pwm97128
cc: Kevin B. Miller, P.E., Assistant Public Works Director
Barry LeBaron, Director of Planning & Inspection Services
Owen D. Long\1615 Precinct Line Road\Hurst, Texas 760654
NI~H
APPLICATION FOR A
FINAL PLAT
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, TX
817-581-5515
(PI_ print you reopcrlOOs)
Proposed Subdivision Nams:
tifORN 131(1 f)(Ç.E
Pfl-!f5 E
v
CUffsnt Lsgat D8Scription:
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Phons No,
PhonsNO.Þ;1_ 'J./J 1-,ÐJ/2/
o MF Rssidsntial
o Commsrcial/ Industrial
o Othsr
Final Plat Application FH Calculation:
1. Application Iss:
S3k"h 2, Numbsr of rssldsntlallots @ $1,50 psr lot:
3. Numbsr 01 non·rssldsntial acrss @ 55,00 psr acrs:
fEA 4, Numbsr 01 strHt Intsrssction signs @ 565,00 sach:
5, County plat rseardlng Ise:
$120.00
79.So
Total fes
32,5':()t1
ß. (JO
5f1{),5?;
I hsreby csrtity that I am, or rspr8Ssnt, thslsgal ownsr 01 ths propsrty dsscrib9d above and do hereby submit this Final Plat
to ths Planning and Zoning Commission (or considsration.
Date: /p -3..o"/~f'l ~ 7- 3- Cfl
Your name (Printed N~;# If tJJ, 8.¡tR FIE!..])
Signature:
Note: Please complete and submit ttie "Final Plat Document Submittal Checklist' on the
reverse side of this form.
FINAL PLAT
CD· 402 (5 . 94)
....
,....,
'\~
Department:
CITY OF
NORTH RICHLAND HILLS
Planning and Inspections
Council Meeting Date:
9/08/97
"-
Subject:
Re uest of Star Enterprise for a Final Plat of Lot 1, Agenda Number: PS 97-35
Block 1, E-Systems Addition. oca e a e 0 eas
Corner of Mid-Cities Boulevard and Davis Boulevard)
Star Enterprise is developing a 1.5 acre tract of land at the intersection of Mid-Cities Boulevard
and Davis Boulevard to construct a convenience store/gas station/car wash. A Special Use
Permit was approved by the City Council on July 14, 1997 for this facility. The conditions
established upon approval of the Special Use Permit are:
1. Limiting the height of the pole sign to 25'.
2. Requiring signage to prohibit a left turn onto Davis Boulevard.
3. Requiring a gray, residential brick exterior surface.
These three conditions will be imposed when the applicant obtains a building permit to construct
the structure. The issues associated with this plat are:
1. Right-of-Way. Staff had questioned the availability of sufficient right-of-way on Cardinal
Lane which requires a 50' right-of-way. The developer is required to provide sufficient right-of-
way dedication on his side of Cardinal Lane to obtain one-half of this 50' right-of-way. The
developer has provided documentation that the 50' right-of-way already exists and no additional
dedication is required.
\.
2. Street Improvements: The applicant is required to construct one-half of Cardinal Lane.
The applicant requests escrowing funds for this half of Cardinal Lane instead of constructing the
pavement. The Public Works Department is not opposed to escrowing funds rather than
building a small section of Cardinal Lane at this location.
3. Sidewalks: Sidewalks are required where this development abuts public streets. The
developer has agreed to construct the sidewalks.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
,Finance Director
í3
~')~~
" City ana er
CITY COUNCIL ACTION ITEM
~h
CITY OF
NORTH RICHLAND HILLS
Additional comments are enclosed on the attached comment sheet. The applicant has agreed
with all other engineering comments. The Planning & Zoning Commission considered this Final
Plat at its September 2, 1997 meeting and has recommended approval and allowing the
applicant to escrow funds for the Cardinal Lane improvements. The Planning and Zoning
Commission encouraged staff to work with the applicant to see if some of the curb on Cardinal
Lane could be installed along with some asphalt so that the intersection would be improved
over its current "bar ditch" configuration.
RECOMMENDA TION:
It is recommended that the City Council approve the recommendation of the
Planning & Zoning Commission.
CITY COUNCIL ACTION ITEM
D..,,..,,,,, ,....~
CITY OF N$RTH RICHLAND HILLS
Public WorKS
August 28, 1997
MEMO TO: Planning and Zoning Commission
FROM: Julia W. Skare, P.E., Staff Engineer
SUBJECT: PS97 -35; E-SYSTEMS ADDITION; Block 1, Lot 1; Final Plat
We have reviewed the subject documents submitted to this office on August 20, 1997.
The following items are for your consideration.
1, RIGHT -QF-WA Y It appears adequate ROW has been dedicated for Cardinal
Lane. Public Works requests a copy of the deed to verify the 50-foot ROW
dedication.
2, WATER LINE The eight inch (8") water line parallel to Mid-Cities Boulevard will
need to be extended to the east property line of Lot 2 and continued north to
loop into the existing 16" water line in Cardinal Lane. A 15-foot utility easement
will need to be added to the Final Plat along the east property line of Lot 2.
Public Works is not opposed to the extension of the water line on Lot 2 with the
development of Lot 2.
3. STREET IMPROVEMENTS This plat fronts on Cardinal Lane, Cardinal Lane
needs to be improved to provide curb and gutter along the south right-of-way.
The Subdivision Ordinance requires that the Developer provide his portion of
these improvements. These improvements are required by ordinance and are
necessary to the proposed Subdivision. Construction plans for these
improvements are required. Public Works is not opposed to funds being placed
in escrow. The escrow amount is $88.27/foot at 194 feet for a total of
$17,124.38.
4, DRIVEWAY APPROACHES The driveway approach on Davis Boulevard is
approved with conditions per Ordinance 2221. The required signage needs to
be clearly shown on the site plan, The proposed driveway will require a TxDOT
Access Permit. The TxDOT permit application must be submitted to Public
Works for approval prior to submitting to TxDOT.
P.O. Box 820609 . North Rich/and Hills, Texas. 76182-0609
7301 Northeast Loop 820· 817-581-5521 . FAX 817-656-7503
5. TxDOT PERMIT A TxDOT Utility Permit will be required for the water line
connection located in Davis Boulevard right-of-way, The permit application and
plans require prior approval from Public Works.
6. SJGNATURES The appropriate signatures need to be added to the Owner's
Acknowfedgment and Dedication. The surveyor seal and signature is required
on the mylar of the Final Plat.
7. SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public
streets. As previously requested, the sidewalks need to be added to the
construction plans for coordination purposes. It is important to have the
sidewalks shown on the street plans so that the utilities will not be constructed to
interfere with the future sidewalk.
8. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design
Manual. Any additional street lights which may be required based on current
ordinances, 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.
There are several comments regarding the construction plans. These comments are
recorded on a set of blueline 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 blue lines need to be returned with
the next submittal.
dJ¡{~ /$MáAJ.
Juü8 W. Skare, P.E
Staff Engineer
JWS\pwi97137
cc: Kevin B. Miller, P.E., Assistant Public Works Director
Barry LeBaron, Director of Planning & Inspection Services
Huitt-Zollars\512 Main Street, Suite 1500\Fort Worth, Texas 76102
Star Enterprise\Keith Newman\4500 Fuller Drive, Suite 400\lrving, Texas 75038
HUITTZOLIARS
Huitt·Zollars, Inc, /512 Main Street / Suite 1500/ Fort Worth, Texas 76102·3999/ Phone (817) 335-3000 / Fax (817) 335-1025
August 29, 1997
Ms Julia Skare, P.E.
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76182
RE: PS97-35
E-SYSTEMS ADDITION
BLOCK 1, LOT 1, FINAL PLAT
Ms. Skare:
In response to your comments of August 28, 1997 In relation to the Final Plat and related
cngineering plans we offer the following responses:
1. The R.O.W. will be confinned and the requested data provided to you by Tuesday,
September 2, 1997.
2. We agrec to extend the water line and provide the required easements upon development of
Lot 2.
3. Star Enterprise is agreeable to, and would prefer, to place the $17,124.38 in escrow for the
future construction of Cardinal Lane in lieu of designing one-half of a street for a short
distance of 194 linear feet.
4. We agree with this comment and will provide the required fonn by Tuesday, September 2,
1997.
5. We agree with this comment and .vill provide the required fonn by Tuesday, September 2,
1997.
6. We agree with this comment and will obtain the owner signature and provide the surveyors
seal and signature on the mylar.
7. We agree with this comment. Sidewalks have been shown on the engineering plans
prepared by Huitt-Zollars, Inc. and are being placed on the sitc plan provided by Prizm
Architects.
8. We agree with this comment. Prizm Architects is showing the on site lighting on their site
plan.
We hope that this brings you current with this project. If you have any questions, please call.
Respectfu 11 y,
c.c. Barry LeBaron
Keith Newman
h:\proj\bus _ devlsurveylskare02.doc
Dallas / Fort Worth / Houston I EI Paso / Phoenix / Tustin I Ontario / San Clemente
3.
PS 97-35
REQUEST OF STAR ENTERPRISE FOR A FINAL PLAT OF LOT 1, BLOCK 1,
E-SYSTEMS ADDITION. (LOCATED AT THE NORTHEAST CORNER OF
DAVIS BOULEVARD AND MID-CITIES BOULEVARD)
Mr. LeBaron explained that this is a 1.5 acre tract and is the future site of a
Texaco gas station/convenience store and car wash. The City Council approved
the Special Use Permit for this at their July 14, 1997 meeting. Mr. LeBaron
explained there are 3 issues the Commissioners should be aware of: 1. The
developer has provided documentation that the 50' right-of-way on Cardinal
Lane already exists and no additional dedication is required; 2. The applicant is
requesting to escrow funds for their half of Cardinal Lane improvements as
opposed to constructing one half the street - and Public Works is not opposed to
this; and 3. The developer has agreed to the construction of the required
sidewalks.
Chairman Barfield asked for the plans of the median between Cardinal Lane and
this property.
Mr. Mickey Nowell, Huitt Zollars, stated that a small bar ditch, graded out and
planted with a "V" shaped swale is what had been discussed with Public Works
and would most likely occur.
Chairman Barfield and Mr. Wood expressed concern on the street improvements
on Cardinal Lane. They would prefer to see some sort of improvements made
now, even if it was just curb and gutter.
Mr. Nowell stated that from an engineering stand point, paving 194 feet of road
would create a traffic and vehicular problem.
Chairman Barfield stated that he would prefer at least curb and gutter being
placed in and then temporary asphalt roads, if nothing else. He has seen this
before and it worked fine. Mr. Nowell stated that would make more sense than
putting in 194 feet of roadway.
Keith Newman, Star Enterprises, stated that in they are putting up $17,000.00 in
escrow - if it would make the Commissioners happy to use some of that money
now, he doesn't have a problem with it.
Much discussion ensued and it was ultimately determined that staff would pass
the Commissions concerns regarding this issue on to the Public Works
Department for their feedback.
Mr. Wood made the motion to approve PS 97-35 subject to the engineers
comments.
Mr. Nehring seconded the motion and it carried 5 - O.
Mr. Wood asked that staff look at alternatives to either building the road now in
lieu of escrowing the funds, or alternatives such as curb and gutter.
4.
STAFF REPORT
Mr. LeBaron thanked the Commissioners for making special accommodations to
attend this special meeting.
5.
CITIZEN COMMENTS
There were none.
6.
ADJOURNMENT
There being no further business to conduct, the meeting adjourned at 7:50 p.m.
Chairman David Barfield
Secretary, Don Bowen
NRH City of North Richland Hills
APPLICA TION FOR A 7301 Northeast Loop 820
FINAL PLAT North Richland Hills, Texas
(Pluse print Q( ~ an responses) 817 -581-5500
Proposed Subdivision Name:
LOT 1 , BLOCK A, E-SYSTEMS ADDITION
Cu~entLegaIDescriplion:
1.537 ACRES OUT OF THE J. BARLOUGH SURVEY, ABSTRACT N::>. 130, TARRANT COUNTY, TEXAS
Name and Address of Current Property Owner:
E-SYSTEMS INC. , POOL TRUST_
Phone No. (qn) ~O5·48:;7
P.O. BOX 660248
DALLAS , TEXAS 75266-0249
Name and Address of Previous Owner:(if purchased during last twelve months)
NA
Name and Address of Developer:
STAR ENTERPR I SE
4500 FULLER DRIVE Phone No. (972) 719-3345
SU I TE 400
IRVING 750::18 - NR. KE I TH NEWMAN
Name and Address of Engineer:
I-IJ I TT - ZOLLARS, INC.
512 MAIN STREET, SUITE Phone No, (817 ) 335-3000
1500
FORT v,oRTH, TEXAS 76102
MICKEY D. NOWELL, RPLS
ype of Development Being Proposed:
-
o SF Residential 0 MF Residential o Other
o Duplex Residential ŒJ Commercial/Industrial
Application Fee:
1. Application Fee 120.00
2. Number of residential lots @ 51.50 per lot: -
3. Number or non-residenliallots @ 55.00 per acre 7.50
4. Number of street intersection signs @ 565.00 each -
5. County plat filing fee: 58.00
TOTAL FEE 18S.50
I hereby certify that I am, or represent, the legal owner of the property described above and do hereby submit this Final Plat
to the Planning and Zoning Commission for consideration. -
Date: 6-5-97 Applicant's Phone No.: ( 817) 335-3000
Print Name: MICKEY D. NOWELL, "
Signature:
OFFICE USE ONL Y I
[Case Number
Taxes Paid
Liens Paid
Assessments Paid
FINAL PLAT
CD.402 (2I96)
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Inspections
Council Meeting Date: 09/08/97
Subject: Consideration of North Richland Hills Nuisance Code
Ordinance No. 2233
Agenda Number: GN 97-89
The NRH Nuisance Code consists of several ordinances adopted in the past which regulate public
nuisances. The attached Ordinance No. 2233 establishes new regulations regarding public nuisances
within the City. The existing Nuisance Ordinance was originally adopted in 1975 and over the past
several years there have been four minor amendments to the original ordinance. Staff has undertaken
this update of the Nuisance Ordinance as a result of past concerns by the Council regarding the City's
ability to abate nuisances. The objectives of the new nuisance ordinance are as follows:
1. Provide clear definition of words and terms.
2. Provide an opportunity to consolidate and better define specific nuisances.
3. Expand the list of specific nuisances.
4. Clarify and expand enforcement options.
The significant changes to the nuisance ordinance are as follows:
1. Parking cars for sale on parking lots and vacant lots.
2. Standards regarding maintenance of leaning fences.
3. Parking on the grass in the front yard.
"- 4. The Inoperable Vehicle section has been amended for clarification.
5. The enforcement authority has been expanded to include the police department, health department
as well as the code enforcement department.
6. A shorter compliance period has been included in the new ordinance which allows compliance within
48 hours. The previous ordinance required compliance, in many cases, within 10 days.
The proposed ordinance has been reviewed by the Code Enforcement Department, the Health
Department and the Police Department. Staff is recommending approval of this ordinance.
RECOMMENDATION:
It is recommended that the City Council approve Ordinance No. 2233.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
, Finance
Director
ð~o~ ~
epartment Head Signature
CITY COUNCIL ACTION ITEM
Ct~;~
City Man er
ORDINANCE NO. 2233
AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS;
DECLARING A PUBLIC NUISANCE A VIOLATION; PROVIDING FOR
GENERAL DEFINITIONS; PROVIDING FOR SPECIFIC PUBLIC NUISANCES
WITHIN THE CITY; PROVIDING FOR DESIGNATION OF ENFORCEMENT
OFFICERS; PROVIDING FOR ENFORCEMENT AUTHORITY; PROVIDING
FOR NOTICE OF VIOLATION; PROVIDING FOR ABATEMENT PROCEDURES
FOR NUISANCES; REPEALING PRIOR ORDINANCES IN CONFLICT;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
PUBLIC NUISANCES
Section 1. Declaration of Public Nuisance and Violation in General
Any real property, building, or portion thereof, or the premises, including a
vacant lot, in which there exists a condition not in compliance with this
Ordinance shall be deemed and is hereby declared to be a public nuisance
and shall be a violation of this Ordinance and shall be subject to the penalty
clauses of this Ordinance.
Section 2. Definitions
Terms, words, phrases and their derivatives used, but not specifically defined
in this Ordinance, shall have the meanings defined in Webster's New
Collegiate Dictionary. Words used in the singular include the plural and the
plural the singular. Words used in the masculine gender include the feminine
and the feminine the masculine. For purposes of this Ordinance, the following
terms shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
(a) Enforcement Officer - The Chief of Police, Code Enforcement Officer,
Health Officer or their designated representatives, charged with any
enforcement and administration of this Ordinance.
(b) Debris - Debris means all putrescible and non-putrescible solid wastes,
including garbage, trash, litter, junk, rubbish, rubble, debris, ashes, wreckage,
street cleanings, dead animals, abandoned or inoperable household
appliances, moveable furniture and/or applicances not designed for or
modified to withstand the elements and outdoor use, and industrial wastes.
(c) Exterior Property Area - Exterior property area means the open space on
the premises and on adjoining property under the control of the owner or agent
of such premises.
(d) Fireworks - Any sparkler, rocket, fire cracker, roman candle, torpedo or
any other substance in whatever combination used to obtain a visible or
audible pyrotechnic display and shall include all articles or substances with the
commonly accepted meaning of the word "fireworks".
(e) Garbage - All putrescible waste, except body waste, including animal and
vegetable waste resulting from handling, preparation, cooking, storage or
consumption of food.
(f) Inspection - The examination of property by the Enforcement Officer or his
authorized representative for the purpose of evaluating its condition as
provided for in this Ordinance.
(g) Inoperable Vehicle - A vehicle that is rendered temporarily or permanently
inoperable due to conditions such as, but not limited to, flat tire or tires, missing
tires or wheels, partially wrecked or dismantled, in a state of disrepair or
otherwise unserviceable or not driveable.
(h) Owner - Any person, agent, firm, corporation, association or other entity
having legal or equitable interest in a property as shown on the most recent tax
roll.
(i) Person- Any person, agent, firm, corporation, association or tenant.
U) Public Nuisance - Any act, condition or thing existing, done or in being,
which act, condition or thing endangers the peace, property, health, and safety
of the citizens of the City.
(k) Putrescible - Capable of becoming putrid, rotten, foul and offensive.
(I) Rubbish - All non-putrescible wastes including, but not limited to, debris, tin
cans, bottles, papers, grass and weed cuttings, paper boxes, wood or building
materials and tree limbs generally not exceeding three feet in length and
generally not exceeding a weight of more than fifty (SO) pounds.
(m) Rubble - Solid waste larger and heavier than rubbish, including but not
limited to, discarded appliances and furniture, large tree limbs, discarded
fences, generally exceeding three (3) feet in length and fifty (SO) pounds in
weight.
2
(n) Tenant - Any person, agent, firm, corporation, or association who occupies
a property or premises and who is not the owner.
(0) Yard, front - The area extending across the entire width of the lot and
situated between the front lot line and the most extreme front corners of the
building, or, in the absence of a building, the area extending across the entire
width of the lot to the front building set-back line.
(p) Yard, rear - The area extending across the entire width of the lot and
situated between the rear lot line and the most extreme rear corners of the
building, or in the absence of a building, the area extending across the entire
width of the lot to the rear of the rear building set-back line.
(q) Yard, side - The area extending between the side lot line and the nearest
and most extreme side corners of the building or, in the absence of a building,
the area extending to the side yard building set-back line and extending from
the front yard to the rear yard. This definition does not apply to a side yard
adjacent to a street of corner lots.
(r) Yard, side-adjacent to a street - The area extending between the side lot
line adjacent to a street and the nearest and most extreme side corners of the
building or, in the absence of a building, the area extending to the side yard
building set-back line adjacent to a street and extending from the front yard to
the rear property line.
(s) Vehicle - Any motor vehicle subject to registration under the Certificate of
Title Act (Article 6687-1, Vernon's Texas Civil Statutes) and also shall include,
but not be limited to, trailers, recreational trailers, camper tops, boats and boat
trailers or any associated body or mechanical parts.
Section 3. Specific Nuisances.
Without limiting the power of the City Council to hereafter declare as public
nuisances any other act, condition, or thing, by ordinance, the following
specific acts, conditions, and things are, each and all of them are hereby
declared to be and constitute public nuisances:
(a) Maintaining the exterior property area or any structure which is not
reasonably free from holes and excavations, sharp protrusions, and other
objects or conditions which might be a potential cause of personal injury to the
occupants or to the public.
(b) Maintaining any cellar, vault, well, drain, sewer or septic tank, which
presents a potential injurious threat to the health or safety to the public.
3
(c) Maintaining a fence or screening wall in a manner which constitutes a
public hazard to persons or property. All fences shall be maintained
reasonably plumb and structurally sound. Any fence or screening wall which is
severely deteriorated and constitutes a public hazard to persons or property or
is fifteen (15) degrees or more out of plumb shall be repaired, replaced or
removed.
EXCEPTION: This section is not intended to require the removal of any
screening device which is otherwise required by the comprehensive zoning
ordinance.
(d) Discharging of any sewage waste directly or indirectly onto the ground or
into any stream, creek, waterway or other body of water.
(e) Maintaining any sanitary plumbing fixtures and facilities not in compliance
with the public health laws, ordinances, and regulations of the State of Texas,
the County of Tarrant and the City of North Richland Hills.
(f) Permitting, maintaining or causing the emission of foul, offensive, noisome,
nauseous, noxious or disagreeable odors extremely repulsive to the physical
senses of ordinary persons.
(g) Permitting any land area, tank, alley, gutter, swimming pool, or open
receptacle containing water, or a source of water to become stagnant, foul,
nauseous, offensive or unpleasant, or provide harborage for mosquitoes, flies,
or other insects.
(h) Maintaining a swimming pool, hot tub, and their related accessory
structures in an unsafe, unsecured, unclean, unsanitary, and unsound
condition.
(i) Permitting the accumulation or the dumping of garbage, rubbish, rubble or
debris, decaying vegetation, or to make nauseous, foul or putrid discharges,
which provides a breeding place for insects or rodents which is offensive,
tends to decay, become putrid, become offensive and odorous, or which
renders the atmosphere impure or unwholesome and provides harborage for
flies, mosquitoes, rodents, rats, snakes, or vermin.
U) Permitting the accumulation or the dumping of garbage, rubbish, rubble or
debris, building materials, building rubbish, discarded furniture, tree limbs,
leaves, household waste items, ashes, inoperable household appliances,
vehicle tires, scrap metal, or automobile parts on any private property and/or
depositing the same onto any public right-of-way or private property.
4
(k) Permitting the accumulation or the burial of rubbish, building material
wastes, road material wastes, rubber tires, garbage, or refuse, or the
depositing of any substance which is detrimental to the public health, safety or
the dumping or burying of used motor oils or any other chemical substance
which is not permitted by the Texas Natural Resources Conservation
Commission directly onto or into the ground.
(I) Permitting a lawn irrigation system to spray or overflow water into a public
street during periods of freezing weather when such water freezes and results
in a potentially dangerous condition.
(m) The expectoration of mucous, saliva, saliva mixed with tobacco products,
remains of any chewed or partly chewed tobacco or snuff, or the remnant of
any partially chewed or smoked cigar upon any public sidewalk or upon the
floor of any public building or public vehicle.
(n) The standing or parking of an automobile, boat, trailer, or any type of
vehicle or personal property on any public street, parking lot, playground,
athletic field, vacant lot, public or private school or church premises; or,
permitting the standing or parking of an automobile, boat, trailer, or any type of
vehicle or personal property on any public street, parking lot, playground,
athletic field, vacant lot, public or private school or church premises for the
principal and sole purpose of displaying it for sale.
EXCEPTION: The occasional sale of a personal automobile, trailer or boat
may be permitted in conjunction with the occupancy of a single-family or
two-family dwelling unit. Additional sales of personal belongings and
household effects to the general public is permitted with a valid Garage
Sale permit issued by the City.
(0) The parking, standing or storing of a vehicle in the front yard, side yard or
side yard adjacent to a street of any residentially zoned or residentially used
property.
EXCEPTION: A vehicle may be parked or stored in the front yard or side
yard provided it is parked on a hard paved surface of concrete or asphalt
not less than nine (9) feet by eighteen (18) feet or at least of sufficient size
to accommodate the horizontal area projected by the extreme limits of the
vehicle. A vehicle may be parked or stored in the side yard provided it is
screened from view from public ways by not less than a six (6) foot tall solid
fence. A vehicle may be parked or stored in the side yard adjacent to a
street provided it is screened from view from public ways by not less than a
six (6) foot tall solid fence.
5
All parking spaces constructed for the purpose of abating this nuisance after
the effective of this Ordinance shall be constructed with a driveway adjoining
an existing on-site driveway or with a driveway and approach adjoining a public
right of way.
(p) The parking, storing or standing of an inoperable vehicle.
EXCEPTION: 1) Each single-family or two-family residence is permitted to
park not more than one (1) inoperable vehicle that is awaiting repair for a
period not to exceed fifteen (1S) days. 2) Each single-family or two-family
residence may park or store not more than one (1) inoperable vehicle
provided the vehicle is screened from view in all directions by a permanent
screening fence of masonry and/or wood of redwood, cedar or other wood
material that is approved for outdoor applications, not less than six (6) feet in
height.
(q) The scattering or distributing of any advertisements, circulars, handbills,
printed or written announcements, upon any public right-of-way or within any
public building or on any public grounds.
(r) The maintaining of any building or structure of which the roof or eaves
project beyond the vertical projection of any property line or sheds water
directly upon any property other than that property on which the building or
structure is located.
(s) The manufacturing, storing, using or selling of fireworks within the
Corporate Limits of the City of North Richland Hills.
EXCEPTION: The lawful display of fireworks pursuant to a permit issued
by the proper authority of the City.
(t) Keeping or maintaining of chickens or other fowl, including hens, chicks
and roosters, within fifty (SO) feet of any residential structure or inhabited
building.
(u) Keeping, raising or possessing, except within enclosures or cages, any
pigeons with the intent to keep, raise or breed the same.
(v) Permitting the carcass of a dead animal to remain on the premises for a
period of time exceeding eighteen (18) hours after the death of the animal.
(w) Allowing, generating or fostering any unreasonably loud, disturbing, or
unnecessary noise, including but not limited to noises from musical
instruments, loud-speakers and amplifiers, animals and birds, horns or other
signal devices on vehicles, the operation of vehicles, steam whistles, auto
6
exhaust without mufflers, or devices operated by compressed air, which
causes material distress, discomfort or injury to persons of ordinary
sensibilities in the immediate vicinity thereof.
(x) Any act or thing done, suffered or maintained within the City limits which
creates an attractive nuisance to persons of normal sensibilities that may
interfere with the health and safety of persons within the community.
Section 4. Designation of Enforcement Officer
The Chief of Police, Health Officer and/or the Chief Code Enforcement Officer
or their designated representatives are hereby directed and authorized to
administer and enforce the provisions of this Ordinance. Nothing contained
herein is meant to limit discretion of any Enforcement Officer in evaluating and
directing compliance with this Ordinance.
Section 5. Enforcement Authority and Liability
The Chief of Police, the Health Officer, the Chief Code Enforcement Officer, or
their authorized representatives, acting in good faith and without malice in the
discharge of their duties, shall not thereby render themselves personally liable
for any damage that may accrue to persons or property as a result of any act
or by reason of any act or omission in the discharge of his duties. Any suit
brought against the Chief of Police, Health Officer, Chief Code Enforcement
Officer, or their authorized representatives, because of such act or omission
performed in the enforcement of any provision of this Ordinance, shall be
defended by legal counsel provided by the City of North Richland Hills until
final termination of such proceedings.
Section 6. Right of Entry
Whenever it becomes necessary to make an inspection to enforce the
provisions of this Ordinance, or whenever there is reasonable cause to believe
that there exists in any structure or upon any property a condition which
violates the provisions of this Ordinance, any enforcement personnel may
enter such property at all reasonable times to inspect the same, or to enforce a
provision of this Ordinance; provided, that if such property is occupied, he shall
first present proper credentials and request entry; or if such property is
unoccupied, he shall first make a reasonable attempt to locate the owner, or
other persons having charge or control of the property, and request entry, and
if entry is refused, the enforcement personnel may attempt to secure entry by
any legal means.
Section 7. Notice of Violation
7
Whenever it is determined that a violation of this Ordinance exists or that there
are reasonable grounds to believe a violation of this Ordinance exists, except
where a different notification requirement is established in this Ordinance, the
enforcement personnel shall give notice of such violation or alleged violation to
the person or persons responsible for such violation as follows:
(a) The property owner, his agent, or the tenant, shall be served with a written
notice which states the violation and requires compliance with this Ordinance
in not less than two (2) days nor not more than ten (10) days, as determined to
be reasonable by the enforcement officer, from the date the notice is served.
The notice may be served by handing it to the property owner, agent, or
tenant, in person, or by depositing the same in the United States mail,
addressed to the property owner at the owner's address as shown on the most
current tax roll of the City, or the tenant as shown on the utility billing records of
the City. If the owner or tenant cannot be found, or if the notice is refused, or if
the notice is returned by the United States Postal Service, then the owner may
be notified as follows:
i. Posting the notice on or near the front door of each building on the
premises where the violation exists at least ten (10) days prior to further
action; or
ii. Posting the notice on a placard attached to a stake driven into the ground
on the premises where the violation exists at least ten (10) days prior to
further action.
(b) If such person, firm or corporation fails or refuses to comply with the
provision of this Ordinance within the specified period following notification, the
same shall be considered to be in violation of and subject to fine and penalty
as provided for this Ordinance.
(c) The placement of a notice of violation on a vehicle in violation of Section
3-(n) shall be considered adequate notice under this article.
Section 8. Twenty-four Hour Abatement Under Certain Circumstances
Nothing in this Article shall prohibit the requirement for abatement within
twenty-four (24) hours when a nuisance has been declared an immediate
threat to health and safety by any enforcement personnel.
Section 9. Remedies.
To enforce any requirement of this Ordinance, any enforcement personnel may
gain compliance by any or all of the following:
8
(a) Taking such action as the enforcement officer deems appropriate within the
authorization provided for in this Ordinance.
(b) Causing appropriate action to be instituted In a court of competent
jurisdiction.
(c) Ordering the abatement of the nuisance and assessing the costs of
abatement against the property if the owner of the property does not abate
same after the required notice.
Section 10. Contracting for Abatement
Whenever the property owner, agent, or tenant, fails to abate the nuisance
within the time allowed, the enforcement officer is hereby authorized to
contract with a contractor to perform such work as may be required to abate
the nuisance.
Section 11. Recovery of Costs
(a) Whenever the City enters upon the premises and causes any work to be
performed to abate a nuisance, a charge will be made to the property owner,
agent, or tenant to recover the costs associated with the abatement. The
charge shall be the actual cost of abatement, plus applicable sales taxes.
(b) An Administrative Fee of $75.00 shall be assessed for each charge.
(c) If the actual charge and the administrative fee is not paid to the City within
thirty (30) days after billing, the City shall file a lien against the property. Said
lien shall be filed in the Deed Records of Tarrant County, Texas. The charges
shown on the lien shall bear interest at the rate of eight per cent (8%) per
annum from the due date until paid. The lien shall be collected under the
same terms and provisions of law as on City ad valorem taxes.
Section 12. Penalty Clause
Any person who violates any provision of this Ordinance shall upon conviction
be subject to a fine of not more than two hundred dollars ($200) for each
offense. Each day that such violation is permitted to continue shall constitute a
separate offense. The term, person, as used in this section shall include the
owner, occupant, mortgagee, or vender in possession, assignee or rents,
receiver, executor, trustee, lessee, agent, or any other person, firm, or
corporation directly or indirectly in control of a building or tract of land.
Section 13. Repealing Prior Ordinances.
9
That Ordinance Numbers 461, 1971, 2112 and 2190 are hereby repealed.
Section 14. 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.
Section 15. Effective Date.
This ordinance shall take effect immediately after its passage.
DULY PASSED, AND APPROVED by the City Council of the City of North
Richland Hills, Texas on this _th day of , 1997
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
ATTORNEY
10
..
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Inspections
Council Meeting Date: 09/08/97
\.....
Subject: Consideration of an Ordinance to Establish Regulations
Regarding Junked Vehicles Ordinance No. 2234
Agenda Number: GN 97-90
The current "junked vehicle" regulations in NRH are included with regulations regarding "inoperative
vehicles." The two terms are often used interchangeably within our current ordinance, but in actual
practice these are two different types of situations. The "junked vehicle" ordinance is a last resort
process prior to hauling off a junked car to a demolisher. Texas State statutes regulate junked cars and
these regulations require title-holder notification prior to demolishing the vehicle.
The attached Ordinance No. 2234 will establish regulations regarding junk vehicles which follows Texas
State statutes regarding junk vehicles. All of the definitions and all of the abatement procedures for
dealing with junk vehicles are specifically outlined in the state statutes. The ordinance does provide for
a means of abating this type of nuisance that would be considered as a last resort enforcement tool.
The ordinance provides the City with ,the authority to confiscate a junk vehicle and tow the vehicle to a
demolisher after the proper notification has been given and proper hearings have been conducted.
This ordinance language is used by all surrounding cities in the metroplex. Due to the fact that the
State has pre-empted the City in this language, the City has no latitude to amend any of the definitions,
modifications or abatement procedures.
Establishing a separate ordinance for junked cars will clarify any confusion which may exist between
',- junked cars in need of demolition and inoperative vehicles which need only minor repairs to make a
vehicle operable.
RECOMMENDA TION:
It is recommended that the City Council adopt Ordinance No. 2234.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
, Finance
Director
ß~epa~efA~ ~ ~-ð~
CITY COUNCIL ACTION ITEM
ORDINANCE NO. 2234
AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS;
PROVIDING DEFINITIONS; DECLARING A JUNKED VEHICLE A PUBLIC
NUISANCE; PROVIDING FOR ABATEMENT PROCEDURES FOR JUNKED
VEHICLES; ESTABLISHING ENFORCEMENT PROCEDURES; PROVIDING
FOR DISPOSAL OF JUNKED VEHICLES; PROVIDING FOR THE
AUTHORITY TO ENFORCE; PROVIDING A PENALTY CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
JUNKED VEHICLES
Section 1. Definitions.
For the purpose of this article, the following words and phrases have the
following meaning:
(a) Junked Vehicle-means a motor vehicle as defined in Section 1, Chapter
42, General Laws, Acts of the 41 st Legislature, 2nd Called Session, 1929
(Article 6701d-11, Vernon's Texas Civil Statutes):
(1) that is inoperative; and
(2) either
(i) that does not have lawfully affixed to it either an unexpired license
plate, or a valid motor vehicle safety inspection certificate,
(ii) that is wrecked, dismantled or partially dismantled, or discarded, or
(iii) that has remained inoperative for more than forty-five (45)
consecutive days.
(b) Motor Vehicle- means a motor vehicle subject to registration under the
Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes).
(c) Antique Auto-means a passenger car or truck that was manufactured in
1925 or before or a passenger car or truck that is at least 35 years old.
(d) Special Interest Vehicle-means a motor vehicle of any age that has not
been altered or modified from original manufacturer's specifications and,
because of its historic interest, is being preserved by hobbyists.
(e) Collector-means the owner of one or more antique or special interest
vehicles who collects, purchases, acquires, trades, or disposes of special
interest or antique vehicles or parts of them for personal use in order to
restore, preserve, and maintain an antique or special interest vehicle for
historic interest.
Section 2. Junked vehicle as a public nuisance.
A junked vehicle that is located in place where it is visible from a public place
or public right-of-way is detrimental to the safety and welfare of the general
public, tends to reduce the value of private property, invites vandalism,
creates fire hazards, constitutes an attractive nuisance creating a hazard to
the health and safety of minors, and is detrimental to the economic welfare of
the City by producing urban blight adverse to the maintenance and continuing
development of the City, and is a public nuisance. Any person, firm, or
corporation maintaining a public nuisance as defined above shall be guilty of
a misdemeanor and, upon conviction, subject to a fine. Each and every day
the maintenance of such public nuisance shall continue shall be deemed to
constitute a separate offense. Upon conviction in the municipal court of the
City of North Richland Hills, Texas, the court shall have the authority to order
removal and abatement of such nuisance.
Section 3. Procedures for abating a nuisance.
(a) Upon complaint or upon its own initiative, the Code Enforcement Officer
may initiate appropriate official action to remove and abate a public nuisance
in the nature of a junked vehicle. Upon initiation of the action, the owner or
occupant of the private premises, or premises adjacent to the public right-of-
way, whereupon the public nuisance exists, together with the last known
registered owner of the junked motor vehicle and any lien holder of record,
shall be notified by the Code Enforcement Officer of the City of North
Richland Hills, by certified mail with a five-day return requested, that the
nuisance exists, that it must be removed and abated within ten (10) days of
the receipt of such notice or that a request for hearing must be made before
expiration of the ten day period. If any notice is returned undelivered by the
United States Post Office, official action to abate the nuisance shall be
continued to a date not less than ten (10) days after the date of the return.
(b) Upon timely request by the owner or occupant of the public or private
premises or the owner or occupant adjacent to the public right-of-way, a
public hearing shall be held before the municipal court of the City of North
Richland Hills for determination of the existence of a junked vehicle as a
public nuisance and for the purpose of entering an order requiring the
removal of the same if found to be so. The judge of the municipal court shall
be the designated official to make such determination, and upon the finding
that the vehicle is a junked vehicle and constitutes a public nuisance, he shall
2
have the authority to enter an order requiring the removal of the vehicle or a
part thereof. Said order must include a description of the vehicle and the
correct identification number and license number of the vehicle, if the
information is available at the site.
(c) When the junked vehicle is declared a public nuisance by the municipal
judge and is ordered to be removed, it shall not thereafter be reconstructed or
made operable.
(d) Notice shall be given to the Texas State Department of Highways and
Public Transportation not later than the fifth day after the date of removal.
The notice shall identify the vehicle or vehicle part which was removed.
(e) The provisions of this article do not apply to a vehicle or vehicle part that
is completely enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property, a vehicle or vehicle
part that is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer or junkyard, or an
unlicensed, operable, or inoperable antique or special interest vehicle stored
by a collector on the collector's property, if the vehicle and the outdoor
storage area are maintained in a manner so that they do not constitute a
health hazard and are screened from ordinary public view by means of a
fence, rapidly growing trees, shrubbery, or other appropriate means.
(f) The provisions of this article shall be carried out and enforced by regularly
salaried, full-time employees of the City of North Richland Hills, except that
the removal of vehicle or vehicle parts thereof from property may be done by
any other duly authorized person, including persons with whom the city may
at the time of passage of this article or hereafter have a valid contract for the
removal of such vehicles.
Section 4. Authority to enforce.
A person authorized by the city to administer the procedures of this article
may enter private property for the purpose specified herein to examine a
vehicle or vehicle part, obtain information as to the identity of the vehicle for
vehicle part, and remove or cause the removal of a vehicle or vehicle that
constitutes a nuisance as defined herein. The judge of the municipal court of
the City of North Richland Hills may issue orders necessary to enforce the
procedures of this article.
Section 5. Penalty Clause
Any person who violates any provIsion of this Ordinance shall upon
conviction be subject to a fine of not more than two hundred dollars ($200) for
each offense. Each day that such violation is permitted to continue shall
3
constitute a separate offense. The term, person, as used in this section shall
include the owner, occupant, mortgagee, or vender in possession, assignee
or rents, receiver, executor, trustee, lessee, agent, or any other person, firm,
or corporation directly or indirectly in control of a building or tract of land.
Section 6. 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.
Section 7. Effective Date.
This ordinance shall take effect immediately after its passage.
DULY PASSED, AND APPROVED by the City Council of the City of North
Richland Hills, Texas on this _th day of ,1997
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
ATTORNEY
4
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date:
9/8/97
'--
Subject:
Consideration of Action on All Matters Pertaining Agenda Number: GN 97-91
to the Award and Sale of General Obligation Refunding
Bonds, Series 1997 and Adoption of Ordinance No. 2238
Authorizing the Issuance of the Bonds and Approving Bank
One, Texas, N.A. Fort Worth as Paying Agent I Registrar
In Informal Report (IR-97-87) dated August 6,1997, staff informed the Council of an opportunity to refund
certain outstanding General Obligation bonds of the City. The refunding is proceeding as planned and
the results will be announced by representatives from First Southwest Company at the meeting on
September 8, 1997. This approves the new issue and approves Bank One as Paying Agent/Registrar
for this issue.
Recommendation:
It is recommended that the City Council accept the best bid for the General Obligation Refunding Bonds,
Series 1997 as evaluated and recommended by First Southwest Company and adopt Ordinance No.
2238 authorizing the issuance of the bonds and approving Bank One, Texas NA, Fort Worth as Paying
è---. Agent/Registrar.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
Acct. Number
Sufficient Funds Available
I~
~~gnature
CITY COUNCIL ACTION
Fln8l1ce. Director
Page 1 of
ORDINANCE NO. 2238
AN ORDINANCE authorizing the issuance of "CITY OF NORTH
RICHLAND HILLS, TEXAS, GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1997"; specifying the
terms and features of said bonds; levying a
continuing direct annual ad valorem tax for the
payment of said bonds; and resolving other matters
incident and related to the issuance, sale,
payment and delivery of said bonds, including the
approval and execution of a Paying Agent/Registrar
Agreement, a Bond Purchase Agreement and a Special
Escrow Agreement and the approval and distribution
of an Official Statement; and providing an
effective date.
WHEREAS, the City Council of the City of North Richland
Hills, Texas (the "city") has heretofore issued, sold, and
delivered, and there is currently outstanding, obligations
totalling in principal amount $4,995,000 (collectively, the
"Refunded Obligations") more particularly described as follows:
(1) City of North Richland Hills, Texas,
General Obligation Bonds, Series 1991, dated
February 1, 1991, maturing on February 15 in each
of the years 2003 through 2011, and aggregating in
principal amount $1,725,000
(2) City of North Richland Hills, Texas, Tax
and Waterworks and Sewer System (Limited Pledge)
Revenue Certificates of Obligation, Series 1992,
dated February 1, 1992, maturing on February 15 in
each of the years 2004 through 2012, and
aggregating in principal amount $ 565,000
(3) ci ty of North Richland Hills, Texas,
General Obligation Improvement Bonds, Series
1992-A, dated February 1, 1992, maturing on
February 15 in each of the years 2004 through
2012, and aggregating in principal amount $2,705,000
AND WHEREAS, pursuant to the provisions of Article 717k,
V.A.T.C.S., as amended, the City Council is authorized to issue
refunding bonds and deposit the proceeds of sale directly with any
place of payment for the Refunded Obligations, and such deposit,
when made in accordance with said statute, shall constitute the
making of firm banking and financial arrangements for the discharge
and final payment of the Refunded Obligations; and
O~
WHEREAS, the City Council hereby finds and determines that
general obligation refunding bonds should be issued at this time to
refund the Refunded Obligations, and such refunding will result in
the City saving approximately $ in debt service
payments on such indebtedness and further provide present value
savings of approximately $ ; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 1: Authorization - Designation - Principal Amount
- Purpose. General obligation refunding bonds of the City shall
be and are hereby authorized to be issued in the aggregate
principal amount of $ to be designated and bear the
ti tIe "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1997" (hereinafter referred to as the
"Bonds"), for the purpose of providing funds for the discharge and
final payment of certain outstanding obligations of the City
(identified in the preamble hereof and referred to as the
"Refunded Obligations") and to pay costs of issuance, in
accordance with authority conferred by and in conformity with the
Constitution and laws of the State of Texas, including Article
717k, V.A.T.C.S.
SECTION 2: Fully Reqistered Obliqations - Bond Date _
Authorized Denominations - Stated Maturities - Interest Rates.
The Bonds shall be issued as fully registered obligations only,
shall be dated September 1, 1997 (the "Issue Date"), shall be in
denominations of $5,000 or any integral multiple (within a Stated
Maturity, except for the single Initial Bond referenced in Section
8) thereof, and shall become due and payable on February 15 in
each of the years and in principal amounts (the "Stated
Maturities") and bear interest at the rate(s) per annum in
accordance with the following schedule:
YEAR OF PRINCIPAL INTEREST
MATURITY INSTALLMENTS RATE
1998 $ ,000 %
2002 ,000 %
2003 ,000 %
2004 ,000 %
2005 ,000 %
2006 ,000 %
2007 ,000 %
2008 ,000 %
2009 ,000 %
2010 ,000 %
0458055
-2-
2011
2012
,000
,000
%
%
The Bonds shall bear interest on the unpaid principal
amounts from the Issue Date at the rate(s) per annum shown above
in this Section (calculated on the basis of a 360-day year of
twelve 3D-day months). Interest on the Bonds shall be payable on
February 15 and August 15 in each year, commencing February 15,
1998.
SECTION 3: Terms of Payment - Pavinq Aqent/Reqistrar.
The principal of, premium, if any, and the interest on the Bonds,
due and payable by reason of maturity, redemption or otherwise,
shall be payable only to the registered owners or holders of the
Bonds (hereinafter called the "Holders") appearing on the
registration and transfer books maintained by the Paying
Agent/Registrar, and the payment thereof shall be in any coin or
currency of the United States of America, which at the time of
payment is legal tender for the payment of public and private
debts, and shall be without exchange or collection charges to the
Holders.
The selection and appointment of Bank One, Texas, N.A.,
Fort Worth, Texas to serve as Paying Agent/Registrar for the Bonds
is hereby approved and confirmed. Books and records relating to
the registration, payment, exchange and transfer of the Bonds (the
"Security Register") shall at all times be kept and maintained on
behalf of the City by the Paying Agent/Registrar, all as provided
herein, in accordance with the terms and provisions of a "Paying
Agent/Registrar Agreement", substantially in the form attached
hereto as Exhibit A, and such reasonable rules and regulations as
the Paying Agent/Registrar and the City may prescribe. The Mayor
and City Secretary are hereby authorized to execute and deliver
such Agreement in connection with the delivery of the Bonds. The
City covenants to maintain and provide a Paying Agent/Registrar at
all times until the Bonds are paid and discharged, and any
successor Paying Agent/Registrar shall be a bank, trust company,
financial institution or other entity qualified and authorized to
serve in such capacity and perform the duties and services of
Paying Agent/Registrar. Upon any change in the Paying
Agent/Registrar for the Bonds, the City agrees to promptly cause
a written notice thereof to be sent to each Holder by United
States Mail, first class postage prepaid, which notice shall also
give the address of the new Paying Agent/Registrar.
Principal of and premium, if any, on the Bonds shall be
payable at the Stated Maturities or redemption, only upon
presentation and surrender of the Bonds to the Paying
Agent/Registrar at its designated offices in Westerville, Ohio
(the "Designated Payment/Transfer Office"). Interest on the Bonds
04580.55
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shall be paid to the Holders whose name appears in the Security
Register at the close of business on the Record Date (the last
business day of the month next preceding each interest payment
date) and shall be paid by the Paying Agent/Registrar (i) by check
sent United States Mail, first class postage prepaid, to the
address of the Holder recorded in the Security Register or (ii) by
such other method, acceptable to the Paying Agent/ Registrar,
requested by, and at the risk and expense of, the Holder. If the
date for the payment of the principal of or interest on the Bonds
shall be a Saturday, Sunday, a legal holiday, or a day when
banking insti tutions in the Ci ty where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is located
are authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day which is not
such a Saturday, Sunday, legal holiday, or day when banking
institutions are authorized to close; and payment on such date
shall have the same force and effect as if made on the original
date payment was due.
In the event of a nonpayment of interest on a scheduled
payment date, and for thirty (30) days thereafter, a new record
date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/ Registrar, if and when funds for
the payment of such interest have been received from the city.
Notice of the Special Record Date and of the scheduled payment
date of the past due interest (which shall be 15 days after the
Special Record Date) shall be sent at least five (5) business days
prior to the Special Record Date by United States Mail, first
class postage prepaid, to the address of each Holder appearing on
the Security Register at the close of business on the last
business day next preceding the date of mailing of such notice.
SECTION 4: Redemption. (a) Optional Redemption. The Bonds
having Stated Maturities on and after February 15, 2008 shall be
subject to redemption prior to maturity, at the option of the
City, in whole or in part in principal amounts of $5,000 or any
integral multiple thereof (and if within a Stated Maturity by lot
by the Paying Agent/Registrar), on February 15, 2007 or on any
date thereafter at the redemption price of par plus accrued
interest to the date of redemption.
(b) Exercise of Redemption Option. At least forty-five
(45) days prior to a redemption date for the Bonds (unless a
shorter notification period shall be satisfactory to the Paying
Agent/Registrar), the City shall notify the Paying Agent/Registrar
of the decision to redeem Bonds, the principal amount of each
Stated Maturity to be redeemed, and the date of redemption
therefor. The decision of the City to exercise the right to
redeem Bonds shall be entered in the minutes of the governing body
of the City.
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(c) Selection of Bonds for Redemption. If less than all
outstanding Bonds of the same Stated Maturity are to be redeemed
on a redemption date, the Paying Agent/Registrar shall treat such
Bonds as representing the number of Bonds outstanding which is
obtained by dividing the principal amount of such Bonds by $5,000
and shall select the Bonds to be redeemed within such Stated
Maturity by lot.
(d) Notice of Redemption. Not less than thirty (30)
days prior to a redemption date for the Bonds, a notice of
redemption shall be sent by United States Mail, first class
postage prepaid, in the name of the City and at the City's
expense, to each Holder of a Bond to be redeemed in whole or in
part at the address of the Holder appearing on the Security
Register at the close of business on the business day next
preceding the date of mailing such notice, and any notice of
redemption so mailed shall be conclusively presumed to have been
duly given irrespective of whether received by the Holder.
All notices of redemption shall (i) specify the date of
redemption for the Bonds, (ii) identify the Bonds to be redeemed
and, in the case of a portion of the principal amount to be
redeemed, the principal amount thereof to be redeemed, (iii) state
the redemption price, (iv) state that the Bonds, or the portion of
the principal amount thereof to be redeemed, shall become due and
payable on the redemption date specified, and the interest
thereon, or on the portion of the principal amount thereof to be
redeemed, shall cease to accrue from and after the redemption
date, and (v) specify that payment of the redemption price for the
Bonds, or the principal amount thereof to be redeemed, shall be
made at the Designated Payment/Transfer Office of the Paying
Agent/Registrar only upon presentation and surrender thereof by
the Holder. If a Bond is subject by its terms to prior redemption
and has been called for redemption and notice of redemption
thereof has been duly given as hereinabove provided, such Bond (or
the principal amount thereof to be redeemed) shall become due and
payable and interest thereon shall cease to accrue from and after
the redemption date therefor; provided moneys sufficient for the
payment of such Bond (or of the principal amount thereof to be
redeemed) at the then applicable redemption price are held for the
purpose of such payment by the Paying Agent/Registrar.
SECTION 5: Reqistration - Transfer - Exchanqe of Bonds-
Predecessor Bonds. The Paying Agent/Registrar shall obtain,
record, and maintain in the Security Register the name and address
of each and every owner of the Bonds issued under and pursuant to
the provisions of this Ordinance, or if appropriate, the nominee
thereof. Any Bond may be transferred or exchanged for Bonds of
other authorized denominations by the Holder, in person or by his
duly authorized agent, upon surrender of such Bond to the Paying
O4MOM
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Agent/Registrar at the Designated Payment/Transfer Off ice for
cancellation, accompanied by a written instrument of transfer or
request for exchange duly executed by the Holder or by his duly
authorized agent, in form satisfactory to the Paying
Agent/Registrar.
Upon surrender of any Bond (except for the single Initial
Bond referenced in Section 8 hereof) for transfer at the
Designated Payment/Transfer Office of the Paying Agent/ Registrar,
one or more new Bonds shall be registered and issued to the
assignee or transferee of the previous Holder; such Bonds to be in
authorized denominations, of like Stated Maturity and of a like
aggregate principal amount as the Bond or Bonds surrendered for
transfer.
At the option of the Holder, Bonds (other than the single
Initial Bond referenced in Section 8) may be exchanged for other
Bonds of authorized denominations and having the same Stated
Maturity, bearing the same rate of interest and of like aggregate
principal amount as the Bonds surrendered for exchange, upon
surrender of the Bonds to be exchanged at the Designated
Payment/Transfer Office of the Paying Agent/ Registrar. Whenever
any Bonds are surrendered for exchange, the Paying Agent/Registrar
shall register and deliver new Bonds to the Holder requesting the
exchange.
All Bonds issued in any transfer or exchange of Bonds shall
be delivered to the Holders at the Designated Payment/Transfer
Office of the Paying Agent/Registrar or sent by United States
Mail, first class, postage prepaid to the Holders, and, upon the
registration and delivery thereof, the same shall be the valid
obligations of the City, evidencing the same obligation to pay,
and entitled to the same benefits under this Ordinance, as the
Bonds surrendered in such transfer or exchange.
All transfers or exchanges of Bonds pursuant to this
Section shall be made without expense or service charge to the
Holder, except as otherwise herein provided, and except that the
Paying Agent/Registrar shall require payment by the Holder
requesting such transfer or exchange of any tax or other
governmental charges required to be paid with respect to such
transfer or exchange.
Bonds cancelled by reason of an exchange or transfer
pursuant to the provisions hereof are hereby defined to be
"Predecessor Bonds," evidencing all or a portion, as the case may
be, of the same obligation to pay evidenced by the new Bond or
Bonds registered and delivered in the exchange or transfer
therefor . Additionally, the term "Predecessor Bonds" shall
include any mutilated, lost, destroyed, or stolen Bond for which
04M0.55
-6-
~'
a replacement Bond has been issued, registered and delivered in
lieu thereof pursuant to the provisions of Section 11 hereof and
such new replacement Bond shall be deemed to evidence the same
obligation as the mutilated, lost, destroyed, or stolen Bond.
Neither the City nor the Paying Agent/Registrar shall be
required to issue or transfer to an assignee of a Holder any Bond
called for redemption, in whole or in part, within 45 days of the
date fixed for the redemption of such Bond; provided, however,
such limitation on transferability shall not be applicable to an
exchange by the Holder of the unredeemed balance of a Bond called
for redemption in part.
SECTION 6: Book-Entry Only Transfers and Transactions.
Notwithstanding the provisions contained in Sections 3, 4 and 5
hereof relating to the payment, and transfer/exchange of the
Bonds, the City hereby approves and authorizes the use of
"Book-Entry Only" securities clearance, settlement and transfer
system provided by The Depository Trust Company (DTC), a limited
purpose trust company organized under the laws of the State of New
York, in accordance with the requirements and procedures
identified in the Letter of Representation, by and between the
City, ·the Paying Agent/Registrar and DTC (the "Depository
Agreement") relating to the Bonds.
Pursuant to the Depository Agreement and the rules of DTC,
the Bonds shall be deposited with DTC who shall hold said Bonds
for its participants (the "DTC Participants"). While the Bonds
are held by DTC under the Depository Agreement, the Holder of the
Bonds on the Security Register for all purposes, including payment
and notices, shall be Cede & Co., as nominee of DTC,
notwithstanding the ownership of each actual purchaser or owner of
each Bond (the "Beneficial Owners") being recorded in the records
of DTC and DTC Participants.
In the event DTC determines to discontinue serving as
securities depository for the Bonds or otherwise ceases to provide
book-entry clearance and settlement of securities transactions in
general or the City determines that DTC is incapable of properly
discharging its duties as securities depository for the Bonds, the
City covenants and agrees with the Holders of the Bonds to cause
Bonds to be printed in definitive form and provide for the Bond
certificates to be issued and delivered to DTC Participants and
Beneficial Owners, as the case may be. Thereafter, the Bonds in
definitive form shall be assigned, transferred and exchanged on
the Security Register maintained by the Paying Agent/Registrar and
payment of such Bonds shall be made in accordance with the
provisions of Sections 3, 4 and 5 hereof.
0458055
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SECTION 7: Execution - Reqistration. The Bonds shall be
executed on behalf of the City by the Mayor under its seal
reproduced or impressed thereon and countersigned by the City
Secretary. The signature of said officers on the Bonds may be
manual or facsimile. Bonds bearing the manual or facsimile
signatures of individuals who are or were the proper officers of
the City on the Issue Date shall be deemed to be duly executed on
behalf of the City, notwithstanding that such individuals or
either of them shall cease to hold such offices at the time of
delivery of the Bonds to the initial purchaser(s) and with respect
to Bonds delivered in subsequent exchanges and transfers, all as
authorized and provided in the Bond Procedures Act of 1981, as
amended.
No Bond shall be entitled to any right or benefit under
this Ordinance, or be valid or obligatory for any purpose, unless
there appears on such Bond either a certificate of registration
substantially in the form provided in Section 9C, manually
executed by the Comptroller of Public Accounts of the State of
Texas, or his duly authorized agent, or a certificate of
registration substantially in the form provided in Section 9D,
manually executed by an authorized officer, employee or
representative of the Paying Agent/Registrar, and either such
certificate duly signed upon any Bond shall be conclusive
evidence, and the only evidence, that such Bond has been duly
certified, registered and delivered.
SECTION 8: Initial Bond(s). The Bonds herein authorized
shall be initially issued either (i) as a single fully registered
bond in the total principal amount noted in Section 1 with
principal installments to become due and payable as provided in
Section 2 hereof and numbered T-1, or (ii) as twelve (12) fully
registered bonds, being one bond for each year of maturity in the
applicable principal amount and denomination and to be numbered
consecutively from T-1 and upward (hereinafter called the "Initial
Bond(s)") and, in either case, the Initial Bond(s) shall be
registered in the name of the initial purchaser(s) or the designee
thereof. The Initial Bond(s) shall be the Bonds submitted to the
Office of the Attorney General of the State of Texas for approval,
certified and registered by the Office of the Comptroller of
Public Accounts of the State of Texas and delivered to the initial
purchaser(s). Any time after the delivery of the Initial Bond(s),
the Paying Agent/ Registrar, pursuant to written instructions from
the initial purchaser(s), or the designee thereof, shall cancel
the Initial Bond (s) delivered hereunder and exchange therefor
definitive Bonds of authorized denominations, Stated Maturities,
principal amounts and bearing applicable interest rates for
transfer and delivery to the Holders named at the addresses
identified therefor; all pursuant to and in accordance with such
written instructions from the initial purchaser(s), or the
0-4M0M
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designee thereof, and such other information and documentation as
the Paying Agent/Registrar may reasonably require.
SECTION 9: Forms. A. Forms Generally. The Bonds, the
Registration certificate of the Comptroller of Public Accounts of
the State of Texas, the Registration Certificate of Paying
Agent/Registrar, and the form of Assignment to be printed on each
of the Bonds, shall be substantially in the forms set forth in
this Section with such appropriate insertions, omissions,
substitutions, and other variations as are permitted or required
by this Ordinance and may have such letters, numbers, or other
marks of identification (including identifying numbers and letters
of the Committee on Uniform Securities Identification Procedures
of the American Bankers Association) and such legends and
endorsements (including insurance legends on insured Bonds and any
reproduction of an opinion of counsel) thereon as may,
consistently herewith, be established by the City or determined by
the officers executing such Bonds as evidenced by their execution.
Any portion of the text of any Bonds may be set forth on the
reverse thereof, with an appropriate reference thereto on the face
of the Bond.
The definitive Bonds and the Initial Bond(s) shall be
printed, lithographed, or engraved or typewritten, photocopied or
otherwise reproduced in any other similar manner, all as
determined by the officers executing such Bonds as evidenced by
their execution thereof.
B.
Form of Definitive Bond.
REGISTERED
NO.
REGISTERED
$
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION REFUNDING BOND,
SERIES 1997
Issue Date: Interest Rate:
September 1, 1997
Stated Maturity: CUSIP NO:
Registered Owner:
Principal Amount:
DOLLARS
The City of North Richland Hills (hereinafter referred to
as the "City"), a body corporate and municipal corporation in the
County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the
order of the Registered Owner named above, or the registered
045805.5
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assigns thereof, on the Stated Maturity date specified above the
Principal Amount hereinabove stated (or so much thereof as shall
not have been paid upon prior redemption), and to pay interest on
the unpaid principal amount hereof from the Issue Date at the per
annum rate of interest specified above computed on the basis of a
360-day year of twelve 30-day months; such interest being payable
on February 15 and August 15 in each year, commencing February 15,
1998. Principal of this Bond is payable at its Stated Maturity or
redemption to the registered owner hereof, upon presentation and
surrender, at the Designated Payment/Transfer Office of the Paying
Agent/Registrar executing the registration certificate appearing
hereon, or its successor. Interest is payable to the registered
owner of this Bond (or one or more Predecessor Bonds, as defined
in the Ordinance hereinafter referenced) whose name appears on the
"Security Register" maintained by the Paying Agent/Registrar at
the close of business on the "Record Date", which is the last
business day of the month next preceding each interest payment
date, and interest shall be paid by the Paying Agent/Registrar by
check sent United states Mail, first class postage prepaid, to the
address of the registered owner recorded in the Security Register
or by such other method, acceptable to the Paying Agent/Registrar,
requested by, and at the risk and expense of, the registered
owner. All payments of principal of, premium, if any, and
interest on this Bond shall be without exchange or collection
charges to the owner hereof and in any coin or currency of the
United States of America which at the time of payment is legal
tender for the payment of public and private debts.
This Bond is one of the series specified in its title
issued in the aggregate principal amount of $ (herein
referred to as the "Bonds") for the purpose of providing funds for
the discharge and final payment of certain outstanding obligations
of the City (identified in the Ordinance hereinafter referenced
and referred to as the "Refunded Obligations") and to pay costs of
issuance, under and in strict conformity with the Constitution and
laws of the State of Texas, including Article 717k, V.A.T.C.S.,
and pursuant to an Ordinance adopted by the City Council of the
City (herein referred to as the "Ordinance").
The Bonds maturing on and after February 15, 2008 may be
redeemed prior to their Stated Maturities, at the option of the
City, in whole or in part in principal amounts of $5,000 or any
integral multiple thereof (and if within a Stated Maturity by lot
by the Paying Agent/Registrar), on February 15, 2007, or on any
date thereafter, at the redemption price of par, together with
accrued interest to the date of redemption and upon 30 days prior
written notice being sent by United States Mail, first class
postage prepaid, to the registered owners of the Bonds to be
redeemed, and subject to the terms and provisions relating thereto
contained in the Ordinance. If this Bond (or any portion of the
04580M
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principal sum hereof) shall have been duly called for redemption
and notice of such redemption duly given, then upon such
redemption date this Bond (or the portion of the principal sum
hereof to be redeemed) shall become due and payable, and interest
thereon shall cease to accrue from and after the redemption date
therefor, provided moneys for the payment of the redemption price
and the interest on the principal amount to be redeemed to the
date of redemption are held for the purpose of such payment by the
Paying Agent/Registrar.
In the event of a partial redemption of the principal
amount of this Bond, payment of the redemption price of such
principal amount shall be made to the registered owner only upon
presentation and surrender of this Bond to the Designated
Payment/Transfer Office of the Paying Agent/Registrar, and there
shall be issued to the registered owner hereof, without charge, a
new Bond or Bonds of like maturity and interest rate in any
authorized denominations provided by the Ordinance for the then
unredeemed balance of the principal sum hereof. If this Bond is
selected for redemption, in whole or in part, the City and the
Paying Agent/Registrar shall not be required to transfer this Bond
to an assignee of the registered owner within 45 days of the
redemption date therefor; provided, however, such limitation on
transferability shall not be applicable to an exchange by the
registered owner of the unredeemed balance hereof in the event of
its redemption in part.
The Bonds are payable from the proceeds of an ad valorem
tax levied, within the limitations prescribed by law, upon all
taxable property in the city. Reference is hereby made to the
Ordinance, a copy of which is on file in the Designated
Payment/Transfer Office of the Paying Agent/Registrar, and to all
of the provisions of which the owner or holder of this Bond by the
acceptance hereof hereby assents, for definitions of terms; the
description of and the nature and extent of the tax levied for the
payment of the Bonds; the terms and conditions relating to the
transfer or exchange of this Bond; the conditions upon which the
Ordinance may be amended or supplemented with or without the
consent of the Holders; the rights, duties, and obligations of the
City and the Paying Agent/Registrar; the terms and provisions upon
which this Bond may be discharged at or prior to its maturity, and
deemed to be no longer Outstanding thereunder; and for other terms
and provisions contained therein. Capitalized terms used herein
have the meanings assigned in the Ordinance.
This Bond, subject to certain limitations contained in the
Ordinance, may be transferred on the Security Register only upon
its presentation and surrender at the Designated Payment/Transfer
Office of the Paying Agent/Registrar, with the Assignment hereon
duly endorsed by, or accompanied by a written instrument of
0458055
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transfer in form satisfactory to the Paying Agent/Registrar duly
executed by, the registered owner hereof, or his duly authorized
agent. When a transfer on the Security Register occurs, one or
more new fully registered Bonds of the same Stated Maturity, of
authorized denominations, bearing the same rate of interest, and
of the same aggregate principal amount will be issued by the
Paying Agent/Registrar to the designated transferee or
transferees.
The City and the Paying Agent/Registrar, and any agent of
either, shall treat the registered owner whose name appears on the
Security Register (i) on the Record Date as the owner entitled to
payment of interest hereon, (ii) on the date of surrender of this
Bond as the owner entitled to payment of principal hereof at its
Stated Maturity or its redemption, in whole or in part, and (iii)
on any other date as the owner for all other purposes, and neither
the City nor the Paying Agent/ Registrar, or any agent of either,
shall be affected by notice to the contrary. In the event of
nonpayment of interest on a scheduled payment date and for thirty
(30) days thereafter, a new record date for such interest payment
(a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such
interest have been received from the City. Notice of the Special
Record Date and of the scheduled payment date of the past due
interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special
Record Date by united States Mail, first class postage prepaid, to
the address of each Holder appearing on the Security Register at
the close of business on the last business day next preceding the
date of mailing of such notice.
It is hereby certified, recited, represented and declared
that the City is a body corporate and political subdivision duly
organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of
the Bonds is duly authorized by law; that all acts, conditions and
things required to exist and be done precedent to and in the
issuance of the Bonds to render the same lawful and valid
obligations of the City have been properly done, have happened and
have been performed in regular and due time, form and manner as
required by the Constitution and laws of the State of Texas, and
the Ordinance; that the Bonds do not exceed any Constitutional or
statutory limitation; and that due provision has been made for the
payment of the principal of and interest on the Bonds by the levy
of a tax as aforestated. In case any provision in this Bond shall
be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The terms and provisions of this
Bond and the Ordinance shall be construed in accordance with and
shall be governed by the laws of the State of Texas.
04M0M
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IN WITNESS WHEREOF, the City Council of the City has caused
this Bond to be duly executed under the official seal of the City
as of the Issue Date.
CITY OF NORTH RICHLAND HILLS,
TEXAS
COUNTERSIGNED:
Mayor
city Secretary
(SEAL)
C. *Form of Reqistration Certificate of Comptroller of
Public Accounts to appear on Initial Bond(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
(
(
(
(
REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY that this Bond has been examined,
certified as to validity and approved by the Attorney General of
the State of Texas, and duly registered by the Comptroller of
Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
*NOTE TO PRINTER:
Do Not Print on Definitive Bonds
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D. Form of Certificate of Payinq Aqent/Registrar to
appear on Definitive Bonds only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the
provisions of the within-mentioned Ordinance; the bond or bonds of
the above entitled and designated series originally delivered
having been approved by the Attorney General of the State of Texas
and registered by the Comptroller of Public Accounts, as shown by
the records of the Paying Agent/Registrar.
The designated offices of the Paying Agent/Registrar in
Westerville, Ohio, is the Designated Payment/Transfer Office for
this Bond.
BANK ONE, TEXAS, N.A.,
Fort Worth, Texas,
as Paying Agent/Registrar
Registration Date:
By
Authorized Signature
E. Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns,
and transfers unto (Print or typewrite name, address, and zip code
of transferee:) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........ ..... ..... ..... .... ..... .... ........ ....... ................... .........
.............. ......... ........ ............... .....................................
(Social Security or other identifying number: ........... ......
.... .............) the within Bond and all rights thereunder, and
hereby irrevocably constitutes and appoints ...................
........................................................................................................................ ..
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
DATED:
.. ..... ... ...... .... ....
.............. ...... .................. .....
................ ............ ..............
NOTICE: The signature on this
assignment must correspond with
the name of the registered owner
as it appears on the face of the
within Bond in every particular.
Signature guaranteed:
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---'
F.
The Initial Bond(s) shall be in the form set forth
in paraqraph B of this Section, except that the
form of the sinqle fullY reqistered Initial Bond
shall be modified as follows:
(i)
immediately under the name of the bond the headings
"Interest Rate " and "Stated
Maturity " shall both be omitted;
( ii)
Paragraph one shall read as follows:
Registered Owner:
Principal Amount:
Dollars
The City of North Richland Hills (hereinafter referred to
as the "City"), a body corporate and municipal corporation in the
County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the
order of the Registered Owner named above, or the registered
assigns thereof, the Principal Amount hereinabove stated on
February 15 in each of the years and in principal installments in
accordance with the following schedule:
YEAR OF
MATURITY
PRINCIPAL
INSTALLMENTS
INTEREST
RATE
(Information to be inserted from
schedule in Section 2 hereof).
(or so much principal thereof as shall not have been prepaid prior
to maturity) and to pay interest on the unpaid Principal Amount
hereof from the Issue Date at the per annum rates of interest
specified above computed on the basis of a 360-day year of twelve
30-day months; such interest being payable on February 15 and
August 15 in each year, commencing February 15, 1998. Principal
installments of this Bond are payable in the year of maturity or
on a prepayment date to the registered owner hereof by Bank One,
Texas, N.A., Fort Worth, Texas (the "Paying Agent/Registrar"),
upon presentation and surrender, at its designated offices in
Westerville, Ohio (the "Designated Payment/Transfer Office").
Interest is payable to the registered owner of this Bond whose
name appears on the "Security Register" maintained by the Paying
Agent/Registrar at the close of business on the "Record Date",
which is the last business day of the month next preceding each
interest payment date, and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class
postage prepaid, to the address of the registered owner recorded
in the Security Register or by such other method, acceptable to
the Paying Agent/Registrar, requested by, and at the risk and
O45S05.'í
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expense of, the registered owner. All payments of principal of,
premium, if any, and interest on this Bond shall be without
exchange or collection charges to the owner hereof and in any coin
or currency of the United states of America which at the time of
payment is legal tender for the payment of public and private
debts.
SECTION 10: Levv of Taxes. To provide for the payment of
the "Debt Service Requirements" of the Bonds, being (i) the
interest on the Bonds and (ii) a sinking fund for their redemption
at maturity or a sinking fund of 2% (whichever amount is the
greater), there is hereby levied, and there shall be annually
assessed and collected in due time, form, and manner, a tax on all
taxable property in the City, within the limitations prescribed by
law, and such tax hereby levied on each one hundred dollars'
valuation of taxable property in the City for the Debt Service
Requirements of the Bonds shall be at a rate from year to year as
will be ample and sufficient to provide funds each year to pay the
principal of and interest on said Bonds while outstanding; full
allowance being made for delinquencies and costs of collection;
separate books and records relating to the receipt and
disbursement of taxes levied, assessed and collected for and on
account of the Bonds shall be kept and maintained by the city at
all times while the Bonds are outstanding, and the taxes collected
for the payment of the Debt Service Requirements on the Bonds
shall be deposited to the credit of a "Special 1997 Refunding Bond
Account" (the "Interest and Sinking Fund") maintained on the
records of the City and deposited in a special fund maintained at
an official depository of the City's funds; and such tax hereby
levied, and to be assessed and collected annually, is hereby
pledged to the payment of the Bonds.
Proper officers of the city are hereby authorized and
directed to cause to be transferred to the Paying Agent/ Registrar
for the Bonds, from funds on deposit in the Interest and Sinking
Fund, amounts sufficient to fully pay and discharge promptly each
installment of interest and principal of the Bonds as the same
accrues or matures; such transfers of funds to be made in such
manner as will cause collected funds to be deposited with the
Paying Agent/Registrar on or before each principal and interest
payment date for the Bonds.
SECTION 11: Mutilated - Destroved - Lost and Stolen Bonds.
In case any Bond shall be mutilated, or destroyed, lost or stolen,
the Paying Agent/Registrar may execute and deliver a replacement
Bond of like form and tenor, and in the same denomination and
bearing a number not contemporaneously outstanding, in exchange
and substitution for such mutilated Bond, or in lieu of and in
substitution for such destroyed, lost or stolen Bond, only upon
the approval of the City and after (i) the filing by the Holder
O~
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thereof with the Paying Agent/ Registrar of evidence satisfactory
to the Paying Agent/ Registrar of the destruction, loss or theft
of such Bond, and of the authenticity of the ownership thereof and
(ii) the furnishing to the Paying Agent/Registrar of
indemnification in an amount satisfactory to hold the City and the
Paying Agent/ Registrar harmless. All expenses and charges
associated with such indemnity and with the preparation, execution
and delivery of a replacement Bond shall be borne by the Holder of
the Bond mutilated, or destroyed, lost or stolen.
Every replacement Bond issued pursuant to this Section
shall be a valid and binding obligation, and shall be entitled to
all the benefits of this Ordinance equally and ratably with all
other Outstanding Bonds; notwithstanding the enforceability of
payment by anyone of the destroyed, lost, or stolen Bonds.
The provisions of this Section are exclusive and shall
preclude (to the extent lawful) all other rights and remedies with
respect to the replacement and payment of mutilated, destroyed,
lost or stolen Bonds.
SECTION 12: Satisfaction of Obliqation of City. If the
City shall payor cause to be paid, or there shall otherwise be
paid to the Holders, the principal of, premium, if any,and
interest on the Bonds, at the times and in the manner stipulated
in this Ordinance, then the pledge of taxes levied under this
Ordinance and all covenants, agreements, and other obligations of
the City to the Holders shall thereupon cease, terminate, and be
discharged and satisfied.
Bonds or any principal amount(s) thereof shall be deemed to
have been paid within the meaning and with the effect expressed
above in this Section when (i) money sufficient to pay in full
such Bonds or the principal amount(s) thereof at maturity or to
the redemption date therefor, together with all interest due
thereon, shall have been irrevocably deposited with and held in
trust by the Paying Agent/Registrar, or an authorized escrow
agent, or (ii) Government Securities shall have been irrevocably
deposited in trust with the Paying Agent/ Registrar, or an
authorized escrow agent, which Government Securities have been
certified by an independent accounting firm to mature as to
principal and interest in such amounts and at such times as will
insure the availability, without reinvestment, of sufficient
money, together with any moneys deposited therewith, if any, to
pay when due the principal of and interest on such Bonds, or the
principal amount(s) thereof, on and prior to the Stated Maturity
thereof or (if notice of redemption has been duly given or waived
or if irrevocable arrangements therefor acceptable to the Paying
Agent/Registrar have been made) the redemption date thereof. The
City covenants that no deposit of moneys or Government Securities
04.W)M
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will be made under this section and no use made of any such
deposit which would cause the Bonds to be treated as "arbitrage
bonds" within the meaning of section 148 of the Internal Revenue
Code of 1986, as amended, or regulations adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/ Registrar,
or an authorized escrow agent, and all income from Government
Securities held in trust by the Paying Agent/Registrar, or an
authorized escrow agent, pursuant to this Section which is not
required for the payment of the Bonds, or any principal amount(s)
thereof, or interest thereon with respect to which such moneys
have been so deposited shall be remitted to the City or deposited
as directed by the City. Furthermore, any money held by the
Paying Agent/Registrar for the payment of the principal of and
interest on the Bonds and remaining unclaimed for a period of
four (4) years after the Stated Maturity, or applicable redemption
date, of the Bonds such moneys were deposited and are held in
trust to pay shall upon the request of the City be remitted to the
City against a written receipt therefor. Notwithstanding the
above and foregoing, any remittance of funds from the Paying
Agent/Registrar to the City shall be subject to any applicable
unclaimed property laws of the State of Texas.
The term "Government Securities", as used herein, means
direct obligations of, or obligations the principal of and
interest on which are unconditionally guaranteed by, the United
States of America, which are non-callable prior to the respective
Stated Maturities of the Bonds and may be United States Treasury
Obligations such as the State and Local Government Series and may
be in book-entry form.
SECTION 13: Ordinance a Contract Amendments
Outstanding Bonds. This Ordinance shall constitute a contract
with the Holders from time to time, be binding on the City, and
shall not be amended or repealed by the City so long as any Bond
remains Outstanding except as permitted in this Section. The City
may, without the consent of or notice to any Holders, from time to
time and at any time, amend this Ordinance in any manner not
detrimental to the interests of the Holders, including the curing
of any ambiguity, inconsistency, or formal defect or omission
herein. In addition, the City may, with the consent of Holders
holding a majority in aggregate principal amount of the Bonds then
Outstanding affected thereby, amend, add to, or rescind any of the
provisions of this Ordinance; provided that, without the consent
of all Holders of Outstanding Bonds, no such amendment, addition,
or rescission shall (1) extend the time or times of payment of the
principal of, premium, if any, and interest on the Bonds, reduce
the principal amount thereof, the redemption price, or the rate of
interest thereon, or in any other way modify the terms of payment
of the principal of, premium, if any, or interest on the Bonds,
0458055
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( 2) give any preference to any Bond over any other Bond, or
(3) reduce the aggregate principal amount of Bonds required to be
held by Holders for consent to any such amendment, addition, or
rescission.
The term "Outstanding" when used in this Ordinance with
respect to Bonds means, as of the date of determination, all Bonds
theretofore issued and delivered under this Ordinance, except:
(1) those Bonds cancelled by the Paying
Agent/Registrar or delivered to the Paying Agent/
Registrar for cancellation;
(2) those Bonds deemed to be duly paid by the
City in accordance with the provisions of Section 12
hereof; and
(3) those mutilated, destroyed, lost, or
stolen Bonds which have been replaced with Bonds
registered and delivered in lieu thereof as provided
in Section 11 hereof.
SECTION 14: Covenants to Maintain Tax-Exempt Status.
(a) Definitions. When used in this Section, the following
terms shall have the following meanings:
"Closing Date" means the date on which the Bonds
are first authenticated and delivered to the initial
purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as
amended by all legislation, if any, effective on or
before the Closing Date.
"Computation Date" has the meaning set forth in
Section 1.148-1(b) of the Regulations.
"Gross Proceeds" means any proceeds as defined in
Section 1.148-1(b) of the Regulations, and any
replacement proceeds as defined in Section 1.148-1 (c) of
the Regulations, of the Bonds.
"Investment" has the meaning set forth in Section
1.148-1(b) of the Regulations.
"Nonpurpose Investment" means any investment
property, as defined in section 148(b) of the Code, in
which Gross Proceeds of the Bonds are invested and which
is not acquired to carry out the governmental purposes
of the Bonds.
04.580M
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"Rebate Amount" has the meaning set forth in
Section 1.148-1(b) of the Regulations.
"Regulations" means any proposed, temporary, or
final Income Tax Regulations issued pursuant to Sections
103 and 141 through 150 of the Code, and 103 of the
Internal Revenue Code of 1954, which are applicable to
the Bonds. Any reference to any specific Regulation
shall also mean, as appropriate, any proposed, temporary
or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
"Yield" of (i) any Investment has the meaning set
forth in section 1.148-5 of the Regulations; and (ii)
the Bonds has the meaning set forth in section 1.148-4
of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall
not use, permit the use of, or omit to use Gross Proceeds or any
other amounts (or any property the acquisition, construction or
improvement of which is to be financed directly or indirectly with
Gross Proceeds) in a manner which if made or omitted,
respecti vely , would cause the interest on any Bond to become
includable in the gross income, as defined in section 61 of the
Code, of the owner thereof for federal income tax purposes.
Without limiting the generality of the foregoing, unless and until
the City receives a written opinion of counsel nationally
recognized in the field of municipal bond law to the effect that
failure to comply with such covenant will not adversely affect the
exemption from federal income tax of the interest on any Bond, the
City shall comply with each of the specific covenants in this
section.
(c) No Private Use or Private Pavrnents. Except as permitted
by section 141 of the Code and the Regulations and rulings
thereunder, the City shall at all times prior to the last Stated
Maturity of Bonds:
(1) exclusively own, operate and possess all property
the acquisition, construction or improvement of which is to
be financed or refinanced directly or indirectly with Gross
Proceeds of the Bonds (including property financed with Gross
Proceeds of the Refunded Obligations), and not use or permit
the use of such Gross Proceeds (including all contractual
arrangements with terms different than those applicable to
the general public) or any property acquired, constructed or
improved with such Gross Proceeds in any activity carried on
by any person or entity (including the United States or any
agency, department and instrumentality thereof) other than a
O4..'\8OM
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state or local government, unless such use is solely as a
member of the general public; and
(2) not directly or indirectly impose or accept any
charge or other payment by any person or entity who is
treated as using Gross Proceeds of the Bonds or any property
the acquisition, construction or improvement of which is to
be financed or refinanced directly or indirectly with such
Gross Proceeds (including property financed with Gross
Proceeds of the Refunded Obligations), other than taxes of
general application within the City or interest earned on
investments acquired with such Gross Proceeds pending
application for their intended purposes.
(d) No Private Loan. Except to the extent permitted by
section 141 of the Code and the Regulations and rulings
thereunder, the City shall not use Gross Proceeds of the Bonds to
make or finance loans to any person or entity other than a state
or local government. For purposes of the foregoing covenant, such
Gross Proceeds are considered to be "loaned" to a person or entity
if: (1) property acquired, constructed or improved with such Gross
Proceeds is sold or leased to such person or entity in a
transaction which creates a debt for federal income tax purposes;
(2) capacity in or service from such property is committed to such
person or entity under a take-or-pay, output or similar contract
or arrangement; or (3) indirect benefits, or burdens and benefits
of ownership, of such Gross Proceeds or any property acquired,
constructed or improved with such Gross Proceeds are otherwise
transferred in a transaction which is the economic equivalent of
a loan.
(e) Not to Invest at Hiqher Yield. Except to the extent
permitted by section 148 of the Code and the Regulations and
rulings thereunder, the City shall not at any time prior to the
final Stated Maturity of the Bonds directly or indirectly invest
Gross Proceeds in any Investment (or use Gross Proceeds to replace
money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross
Proceeds (or with money replaced thereby), whether then held or
previously disposed of, exceeds the Yield of the Bonds.
(f) Not FederallY Guaranteed. Except to the extent
permitted by section 149(b) of the Code and the Regulations and
rulings thereunder, the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed
within the meaning of section 149(b) of the Code and the
Regulations and rulings thereunder.
(g) Information Report. The City shall timely file the
information required by section 149 (e) of the Code with the
04.5305õ
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Secretary of the Treasury on Form 8038-G or such other form and in
such place as the Secretary may prescribe.
(h) Rebate of Arbitraqe Profits.
otherwise provided in section 148(f)
Regulations and rulings thereunder:
Except to the extent
of the Code and the
(1) The city shall account for all Gross Proceeds
(including all receipts, expenditures and investments
thereof) on its books of account separately and apart
from all other funds (and receipts, expenditures and
investments thereof) and shall retain all records of
accounting for at least six years after the day on which
the last outstanding Bond is discharged. However, to
the extent permitted by law, the City may commingle
Gross Proceeds of the Bonds with other money of the
City, provided that the City separately accounts for
each receipt and expenditure of Gross Proceeds and the
obligations acquired therewith.
(2) Not less frequently than each Computation
Date, the City shall calculate the Rebate Amount in
accordance with rules set forth in section 148(f) of the
Code and the Regulations and rulings thereunder. The
City shall maintain such calculations with its official
transcript of proceedings relating to the issuance of
the Bonds until six years after the final Computation
Date.
(3) As additional consideration for the purchase
of the Bonds by the Purchasers and the loan of the money
represented thereby and in order to induce such purchase
by measures designed to insure the excludability of the
interest thereon from the gross income of the owners
thereof for federal income tax purposes, the City shall
pay to the United States out of the Interest and Sinking
Fund or its general fund, as permitted by applicable
Texas statute, regulation or opinion of the Attorney
General of the State of Texas, the amount that when
added to the future value of previous rebate payments
made for the Bonds equals (i) in the case of a Final
Computation Date as defined in Section 1.148-3(e) (2) of
the Regulations, one hundred percent (100%) of the
Rebate Amount on such date; and (ii) in the case of any
other Computation Date, ninety percent (90%) of the
Rebate Amount on such date. In all cases, the rebate
payments shall be made at the times, in the
installments, to the place and in the manner as is or
may be required by section 148(f) of the Code and the
Regulations and rulings thereunder, and shall be
O453O.'i:í
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accompanied by Form 8038-T or such other forms and
information as is or may be required by Section 148(f)
of the Code and the Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence
to assure that no errors are made in the calculations
and payments required by paragraphs (2) and (3), and if
an error is made, to discover and promptly correct such
error within a reasonable amount of time thereafter (and
in all events within one hundred eighty (180) days after
discovery of the error), including payment to the United
States of any additional Rebate Amount owed to it,
interest thereon, and any penalty imposed under Section
1.148-3(h) of the Regulations.
(i) Not to Divert Arbitraqe Profits. Except to the extent
permitted by section 148 of the Code and the Regulations and
rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Bonds,
enter into any transaction that reduces the amount required to be
paid to the United States pursuant to Subsection (h) of this
Section because such transaction results in a smaller profit or a
larger loss than would have resulted if the transaction had been
at arm's length and had the Yield of the Bonds not been relevant
to either party.
(j) Elections. The City hereby directs and authorizes the
Mayor, City Secretary, City Manager, and Director of Finance,
individually or jointly, to make elections permitted or required
pursuant to the provisions of the Code or the Regulations, as they
deem necessary or appropriate in connection with the Bonds, in the
Certificate as to Tax Exemption or similar or other appropriate
certificate, form or document.
(k) Bonds Not Hedqe Bonds. (1) At the time the original
bonds refunded by the Bonds were issued, the City reasonably
expected to spend at least 85% of the spendable proceeds of such
bonds within three years after such bonds were issued and (2) not
more than 50% of the proceeds of the original bonds refunded by
the Bonds were invested in Nonpurpose Investments having a
substantially guaranteed Yield for a period of 4 years or more.
(1) Qualified Advance Refunding. The Bonds are issued
exclusively to refund the Refunded Obligations, and the Bonds will
be issued more than 90 days before the redemption of the Refunded
Obligations. The City represents as follows:
(1) The Bonds are the first advance refunding of
the Refunded Obligations, within the meaning of section
149(d) (3) of the Code.
04580M
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(2) The Refunded Obligations are being called for
redemption, and will be redeemed not later than the
earliest date on which such bonds may be redeemed.
(3) The initial temporary period under section
148(c) of the Code will end: (i) with respect to the
proceeds of the Bonds not later than 30 days after the
date of issue of such Bonds; and (ii) with respect to
proceeds of the Refunded Obligations ~n the Closing Date
if not ended prior thereto.
(4) On and after the date of issue of the Bonds,
no proceeds of the Refunded Obligations will be invested
in Nonpurpose Investments having a Yield in excess of
the Yield on such Refunded Obligations.
(5) The Bonds are being issued for the purposes
stated in the preamble of this Ordinance. There is a
present value savings associated with the refunding. In
the issuance of the Bonds the City has neither:
(i) overburdened the tax-exempt bond market by issuing
more bonds, issuing bonds earlier or allowing bonds to
remain outstanding longer than reasonably necessary to
accomplish the governmental purposes for which the Bonds
were issued; (ii) employed on "abusive arbitrage device"
within the meaning of Section 1.148-10(a) of the
Regulations; nor (iii) employed a "device" to obtain a
material financial advantage based on arbitrage, within
the meaning of section 149(d) (4) of the Code, apart from
savings attributable to lower interest rates and reduced
debt service payments in early years.
SECTION 15: Sale of Bonds - Official Statement Approval.
The Bonds authorized by this Ordinance are hereby sold by the City
to Rauscher Pierce Refsnes, Inc. and Southwest Securities, Inc.
(herein referred to as the "Purchasers") in accordance with the
Bond Purchase Agreement, dated September 8, 1997, attached hereto
as Exhibit B and incorporated herein by reference as a part of
this Ordinance for all purposes. The Mayor is hereby authorized
and directed to execute said Bond Purchase Agreement for and on
behalf of the City and as the act and deed of this Council, and in
regard to the approval and execution of the Bond Purchase
Agreement, the Council hereby finds, determines and declares that
the representations, warranties and agreements of the City
contained in the Bond Purchase Agreement are true and correct in
all material respects and shall be honored and performed by the
City.
Furthermore, the use of the Official Statement by the
Purchasers in connection with the public offering and sale of the
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Bonds is hereby ratified, confirmed and approved in all respects.
The final Official statement, which reflects the terms of sale,
attached as Exhibit A to the Bond Purchase Agreement (together
with such changes approved by the Mayor, City Secretary, City
Manager, or Director of Finance, one or both of said officials),
shall be and is hereby in all respects approved and the Purchasers
are hereby authorized to use and distribute said final Official
Statement, dated September 8, 1997, in the reoffering, sale and
delivery of the Bonds to the public. The Mayor and City Secretary
are further authorized and directed to manually execute and
deliver for and on behalf of the city copies of said Official
Statement in final form as may be required by the Purchasers, and
such final Official Statement in the form and content manually
executed by said officials shall be deemed to be approved by the
City Council and constitute the Official Statement authorized for
distribution and use by the Purchasers.
SECTION 16: Special Escrow Aqreement Approval and Execution.
The "Special Escrow Agreement" (the "Agreement") by and between
the City and Bank One, Texas, N. A., Fort Worth, Texas (the "Escrow
Agent"), attached hereto as Exhibit C and incorporated herein by
reference as a part of this Ordinance for all purposes, is hereby
approved as to form and content, and such Agreement in
substantially the form and substance attached hereto, together
with such changes or revisions as may be necessary to accomplish
the refunding or benefit the City, is hereby authorized to be
executed by the Mayor and City Secretary for and on behalf of the
City and as the act and deed of this City Council; and such
Agreement as executed by said officials shall be deemed approved
by the City Council and constitute the Agreement herein approved.
Furthermore, appropriate officials of the City in cooperation
with the Escrow Agent are hereby authorized and directed to make
the necessary arrangements for the purchase of the Federal
Securities referenced in the Agreement and the delivery thereof to
the Escrow Agent on the day of delivery of the Bonds to the
Purchasers for deposit to the credit of the "SPECIAL 1997 CITY OF
NORTH RICHLAND HILLS, TEXAS, REVENUE REFUNDING BOND ESCROW FUND"
(the "Escrow Fund"); all as contemplated and provided in Article
717k, V.A.T.C.S., as amended, this Ordinance and the Agreement.
SECTION 17: Control and Custody of Bonds. The Mayor of
the City shall be and is hereby authorized to take and have charge
of all necessary orders and records pending investigation by the
Attorney General of the State of Texas, including the printing and
supply of definitive Bonds, and shall take and have charge and
control of the Initial Bond(s) pending the approval thereof by the
Attorney General, the registration thereof by the Comptroller of
Public Accounts and the delivery thereof to the Purchasers.
O~
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Furthermore, the Mayor, Mayor Pro Tern, City Manager, Director
of Finance, and City Secretary, anyone or more of said officials,
are hereby authorized and directed to furnish and execute such
agreements, documents and certifications relating to the City and
the issuance, sale and delivery of the Bonds, including
certifications as to facts, estimates, circumstances and
reasonable expectations pertaining to the use, expenditure and
investment of the proceeds of the Bonds, as may be necessary for
the approval of the Attorney General, the registration by the
Comptroller of Public Accounts and the delivery of the Bonds to
the Purchasers, and, together with the City's bond counsel and the
Paying Agent/Registrar, make the necessary arrangements for the
delivery of the Initial Bond(s) to the Purchasers and the initial
exchange thereof for definitive Bonds.
SECTION 18: Proceeds of Sale. Immediately following the
,delivery of the Bonds, the proceeds of sale thereof (less certain
costs of issuance and the accrued interest received from the
Purchasers of the Bonds) shall be deposited with the Escrow Agent
for application and disbursement in accordance with the provisions
of the Agreement. The proceeds of sale of the Bonds not so
deposited with the Escrow Agent for the refunding of the Refunded
Obligations shall be disbursed and deposited for payment of costs
of issuance and deposited in the Interest and Sinking Fund all in
accordance with written instructions from the city.
Additionally, on or immediately prior to the date of the
delivery of the Bonds to the Purchasers, the Director of Finance
shall cause to be transferred in immediately available funds to
the Escrow Agent from moneys on deposit in the interest and
sinking funds maintained for the payment of the Refunded
Obligations the sum of $ to accomplish the refunding.
SECTION 19: Notices to Holders - Waiver. Wherever this
Ordinance provides for notice to Holders of any event, such notice
shall be sufficiently given (unless otherwise herein expressly
provided) if in writing and sent by united States Mail, first
class postage prepaid, to the address of each Holder appearing in
the Security Register at the close of business on the business day
next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither
the failure to mail such notice to any particular Holders, nor any
defect in any notice so mailed, shall affect the sufficiency of
such notice with respect to all other Bonds. Where this Ordinance
provides for notice in any manner, such notice may be waived in
writing by the Holder entitled to receive such notice, either
before or after the event with respect to which such notice is
given, and such waiver shall be the equivalent of such notice.
Waivers of notice by Holders shall be filed with the Paying
IM5S055
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Agent/Registrar, but such filing shall not be a condition
precedent to the validity of any action taken in reliance upon
such waiver.
SECTION 20: Cancellation. All Bonds surrendered for
payment, redemption, transfer, exchange, or replacement, if
surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the City, shall be
delivered to the Paying Agent/Registrar and, if not already
cancelled, shall be promptly cancelled by the Paying Agent/
Registrar. The City may at any time deliver to the Paying
Agent/Registrar for cancellation any Bonds previously certified or
registered and delivered which the City may have acquired in any
manner whatsoever, and all Bonds so delivered shall be promptly
cancelled by the Paying Agent/Registrar. All cancelled Bonds held
by the Paying Agent/Registrar shall be returned to the City.
SECTION 21: Legal Opinion. The obligation of the
Purchasers to accept delivery of the Bonds is subject to being
furnished a final opinion of Fulbright & Jaworski L.L.P.,
Attorneys, Dallas, Texas, approving such Bonds as to their
validity, said opinion to be dated and delivered as of the date of
delivery and payment for such Bonds. A true and correct
reproduction of said opinion or an executed counterpart thereof is
hereby authorized to be either printed on definitive printed
obligations or deposited with DTC along with the global
certificates for the implementation and use of the Book Entry Only
System used in the settlement and transfer of the Bonds.
SECTION 22: CUSIP Numbers. CUSIP numbers may be printed
or typed on the Bonds deposited with The Depository Trust Company
or on printed definitive Bonds. It is expressly provided,
however, that the presence or absence of CUSIP numbers on the
definitive Bonds shall be of no significance or effect as regards
the legality thereof and neither the City nor attorneys approving
the Bonds as to legality are to be held responsible for CUSIP
numbers incorrectly printed or typed on the definitive Bonds.
SECTION 23: Benefits of Ordinance. Nothing in this
Ordinance, expressed or implied, is intended or shall be construed
to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any right, remedy, or claim,
legal or equitable, under or by reason of this Ordinance or any
provision hereof, and this Ordinance and all its provisions is
intended to be and shall be for the sole and exclusive benefit of
the City, the Paying Agent/Registrar and the Holders.
SECTION 24: Inconsistent Provisions. All ordinances,
orders or resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby
04580M
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repealed to the extent of such conflict, and the provisions of
this Ordinance shall be and remain controlling as to the matters
contained herein.
-'
SECTION 25: Governing Law. This Ordinance shall be
construed and enforced in accordance with the laws of the State of
Texas and the United States of America.
SECTION 26: Effect of Headinqs.
herein are for convenience only and
construction hereof.
The
shall
section headings
not affect the
SECTION 27: Construction of Terms. If appropriate in the
context of this Ordinance, words of the singular number shall be
considered to include the plural, words of the plural number shall
be considered to include the singular, and words of the masculine,
feminine or neuter gender shall be considered to include the other
genders.
SECTION 28: Severability. If any provision of this
Ordinance or the application thereof to any circumstance shall be
held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be
valid, and the City Council hereby declares that this Ordinance
would have been enacted without such invalid provision.
SECTION 29: Incorporation of Findinqs and Determinations.
The findings and determinations of the City Council contained in
the preamble hereof are hereby incorporated by reference and made
a part of this Ordinance for all purposes as if the same were
restated in full in this section.
SECTION 30: continuinq Disclosure Undertakinq. (a)
Definitions. As used in this Section, the following terms have
the meanings ascribed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has
determined to be a nationally recognized municipal securities
information repository within the meaning of the Rule from time to
time.
"Rule" means SEC Rule 15c2-12, as amended from time to
time.
"SEC" means the United States Securities and Exchange
Commission.
O~
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"SID" means any person designated by the State of Texas
or an authorized department, officer, or agency thereof as, and
determined by the SEC or its staff to be, a state information
depository within the meaning of the Rule from time to time.
(b) Annual Reports. The City shall provide annually to each
NRMSIR and any SID, within six months after the end of each fiscal
year (beginning with the fiscal year ending September 30, 1997)
financial information and operating data with respect to the City
of the general type included in the final Official Statement
approved in Section 15 hereof, being the information described in
Exhibit D hereto. Financial statements to be provided shall be
(1) prepared in accordance with the accounting principles
described in Exhibit D hereto and (2) audited, if the City
commissions an audit of such statements and the audit is completed
within the period during which they must be provided. If audited
financial statements are not so provided, then the City shall
provide audited financial statements for the applicable fiscal
year to each NRMSIR and any SID, when and if audited financial
statements become available.
If the City changes its fiscal year, it will notify each
NRMSIR and any SID of the change (and of the date of the new
fiscal year end) prior to the next date by which the City
otherwise would be required to provide financial information and
operating data pursuant to this Section.
The financial information and operating data to be
provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any
document (including an official statement or other offering
document, if it is available from the MSRB) that theretofore has
been provided to each NRMSIR and any SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID
and either each NRMSIR or the MSRB, in a timely manner, of any of
the following events with respect to the Bonds, if such event is
material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves
reflecting financial difficulties;
4. Unscheduled draws on credit enhancements ref lecting
financial difficulties;
04580M
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5. Substitution of credit or liquidity providers, or
their failure to perform;
-~
6. Adverse tax opinions or events affecting the tax-
exempt status of the Bonds;
7. Modifications to rights of holders of the Bonds;
8. Bond calls;
9. Defeasances;
10. Release, substitution, or sale of property securing
repayment of the Bonds; and
11. Rating changes.
The City shall notify any SID and either each NRMSIR or
the MSRB, in a timely manner, of any failure by the City to
provide financial information or operating data in accordance with
subsection (b) of this section by the time required by such
section.
(d) Limitations, Disclaimers, and Amendments. The City
shall be obligated to observe and perform the covenants specified
in this Section while, but only while, the City remains an
"obligated person" with respect to the Bonds within the meaning of
the Rule, except that the City in any event will give the notice
required by subsection (c) hereof of any Bond calls and defeasance
that cause the City to be no longer such an "obligated person."
The provisions of this section are for the sole benefit
of the Holders and beneficial owners of the Bonds, and nothing in
this Section, express or implied, shall give any benefit or any
legal or equitable right, remedy, or claim hereunder to any other
person. The City undertakes to provide only the financial
information, operating data, financial statements, and notices
which it has expressly agreed to provide pursuant to this Section
and does not hereby undertake to provide any other information
that may be relevant or material to a complete presentation of the
City's financial results, condition, or prospects or hereby
undertake to update any information provided in accordance with
this Section or otherwise, except as expressly provided herein.
The City does not make any representation or warranty concerning
such information or its usefulness to a decision to invest in or
sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM
0458055
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ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS
PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT
AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON
ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its
obligations under this Section shall constitute a breach of or
default under this Ordinance for purposes of any other provision
of this Ordinance.
Nothing in this Section is intended or shall act to
disclaim, waive, or otherwise limit the duties of the City under
federal and state securities laws.
The provisions of this Section may be amended by the
City from time to time to adapt to changed circumstances resulting
from a change in legal requirements, a change in law, or a change
in the identity, nature, status, or type of operations of the
ci ty, but only if (1) the provisions of this Section, as so
amended, would have permitted an underwriter to purchase or sell
Bonds in the primary offering of the Bonds in compliance with the
Rule, taking into account any amendments or interpretations of the
Rule to the date of such amendment, as well as such changed
circumstances, and (2) either (a) the Holders of a majority in
aggregate principal amount (or any greater amount required by any
other provision of this Ordinance that authorizes such an
amendment) of the Outstanding Bonds consent to such amendment or
(b) a Person that is unaffiliated with the City (such as
nationally recognized bond counsel) determines that such amendment
will not materially impair the interests of the Holders and
beneficial owners of the Bonds. The provisions of this Section
may also be amended from time to time or repealed by the City if
the SEC amends or repeals the applicable provisions of the Rule or
a court of final jurisdiction determines that such provisions are
invalid, but only if and to the extent that reservation of the
City's right to do so would not prevent underwriters of the
initial public offering of the Bonds from lawfully purchasing or
selling Bonds in such offering. If the City so amends the
provisions of this Section, it shall include with any amended
financial information or operating data filed with each NRMSIR and
SID pursuant to subsection (b) of this Section an explanation, in
narrative form, of the reasons for the amendment and of the impact
of any change in the type of financial information or operating
data so provided.
0458QM
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SECTION 31: Public Meetinq. It is officially found,
determined, and declared that the meeting at which this Ordinance
is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered
at such meeting, including this Ordinance, was given, all as
required by V.T.C.A., Government Code, Chapter 551, as amended.
SECTION 32: Effective Date. This Ordinance shall be in
full force and effect from and after its passage on the date shown
below, and it is so ordained.
PASSED AND ADOPTED, this September 8, 1997.
CITY OF NORTH RICHLAND HILLS, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
APPROVED AS TO LEGALITY:
City Attorney
04580.'>.'1
-32-
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of September 8, 1997 (this
"Agreement"), by and between the City of North Richland Hills,
Texas (the "Issuer"), and Bank One Texas, N.A., Fort Worth, Texas,
a national association duly organized and existing under the laws
of the United States of America, (the "Bank").
RECITALS
WHEREAS, the Issuer has duly authorized and provided for the
issuance of its "City of North Richland Hills, Texas, General
Obligation Refunding Bonds, Series 1997" (the "Securities") in the
aggregate principal amount of $ , which Securities are
scheduled to be delivered to the initial purchasers on or about
October 14, 1997; and
WHEREAS, the Issuer has selected the Bank to serve as Paying
Agent/Registrar in connection with the payment of the principal
of, premium, if any, and interest on said Securities and with
respect to the registration, transfer and exchange thereof by the
registered owners thereof; and
WHEREAS, the Bank has agreed to serve in such capacities for
and on behalf of the Issuer and has full power and authority to
perform and serve as Paying Agent/Registrar for the Securities;
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.01. Appointment. The Issuer hereby appoints the
Bank to serve as Paying Agent with respect to the Securities, and,
as Paying Agent for the Securities, the Bank shall be responsible
for paying on behalf of the Issuer the principal, premium (if
any), and interest on the Securities as the same become due and
payable to the registered owners thereof; all in accordance with
this Agreement and the "Bond Resolution" (hereinafter defined) .
The Issuer hereby appoints the Bank as Registrar with respect to
the Securities and, as Registrar for the Securities, the Bank
shall keep and maintain for and on behalf of the Issuer books and
records as to the ownership of said Securities and with respect to
the transfer and exchange thereof as provided herein and in the
"Bond Resolution".
The Bank hereby accepts its appointment, and agrees to serve
as the Paying Agent and Registrar for the Securities.
0458072
section 1.02. ComDensation. As compensation for the Bank's
services as Paying Agent/Registrar, the Issuer hereby agrees to
pay the Bank the fees and amounts set forth in Annex A attached
hereto for the first year of this Agreement and thereafter the
fees and amounts set forth in the Bank's current fee schedule then
in effect for services as Paying Agent/Registrar for
municipalities, which shall be supplied to the Issuer on or before
90 days prior to the close of the Fiscal Year of the Issuer, and
shall be effective upon the first day oZ the following Fiscal
Year.
In addition, the Issuer agrees to reimburse the Bank upon its
request for all reasonable expenses, disbursements and advances
incurred or made by the Bank in accordance with any of the
provisions hereof (including the reasonable compensation and the
expenses and disbursements of its agents and counsel) .
ARTICLE TWO
DEFINITIONS
section 2.01. Definitions. For all purposes of this
Agreement, except as otherwise expressly provided or unless the
context otherwise requires:
"Acceleration Date" on any Security means the date on
and after which the principal or any or all installments of
interest, or both, are due and payable on any Security which
has become accelerated pursuant to the terms of the Security.
"Bank Office" means the offices of the Bank located in
westerville, Ohio at the address appearing in section 3.01
hereof. The Bank will notify the Issuer in writing of any
change in location of the Bank Office.
"Bond Resolution" means the resolution, order, or
ordinance of the governing body of the Issuer pursuant to
which the Securities are issued, certified by the Secretary
or any other officer of the Issuer and delivered to the Bank.
"Fiscal Year" means the fiscal year of the Issuer,
ending September 30th.
"Holder" and "Security Holder" each means the Person in
whose name a Security is registered in the Security Register.
"Issuer Request" and "Issuer Order" means a written
request or order signed in the name of the Issuer by the
Mayor, City Manager, Assistant City Manager, Director of
Finance, or City Secretary, anyone or more of said
officials, and delivered to the Bank.
0458072
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EXHIBiT A
"Legal HOliday" means a day on which the Bank is
required or authorized to be closed.
"Person" means any individual, corporation, partnership,
joint venture, association, joint stock company, trust,
unincorporated organization or government or any agency or
political subdivision of a government.
"Predecessor Securities" of any particular Security
means every previous Security evidencing all or a portion of
the same obligation as that evidenced by such particular
Security (and, for the purposes of this definition, any
mutilated, lost, destroyed, or stolen Security for which a
replacement Security has been registered and delivered in
lieu thereof pursuant to Section 4.06 hereof and the
Resolution).
"Record Date" means the Record Date as defined in the
Bond Resolution.
"Redemption Date" when used with respect to any Security
to be redeemed means the date fixed for such redemption
pursuant to the terms of the Bond Resolution.
"Responsible Off icer" when used with respect to the Bank
means the Chairman or Vice-Chairman of the Board of
Directors, the Chairman or Vice-Chairman of the Executive
Committee of the Board of Directors, the President, any Vice
President, the Secretary, any Assistant Secretary, the
Treasurer, any Assistant Treasurer, the Cashier, any
Assistant Cashier, any Trust Officer or Assistant Trust
Officer, or any other officer of the Bank customarily
performing functions similar to those performed by any of the
above designated officers and also means, with respect to a
particular corporate trust matter, any other officer to whom
such matter is referred because of his knowledge of and
familiarity with the particular subject.
"Securities" means the securities defined in the recital
paragraphs herein.
"Security Register" means a register maintained by the
Bank on behalf of the Issuer providing for the registration
and transfers of Securities.
"Stated Maturity" means the date specified in the Bond
Resolution the principal of a Security is scheduled to be due
and payable.
045M72
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EXHIBIT i\
section 2.02. Other Def ini tions. The terms "Bank, "
"Issuer," and "Securities (Security)" have the meanings assigned
to them in the recital paragraphs of this Agreement.
The term "paying Agent/Registrar" refers to the Bank in the
performance of the duties and functions of this Agreement.
ARTICLE THREE
PAYING AGENT
section 3.01. Duties of Pavinq Aqent. As Paying Agent, the
Bank shall, provided adequate collected funds have been provided
to it for such purpose by or on behalf of the Issuer, pay on
behalf of the Issuer the principal of each Security at its Stated
Maturity, Redemption Date, or Acceleration Date, to the Holder
upon surrender of the Security to the Bank at the following
offices:
Bank One, Texas, N.A.
Attention: Securities Transfer
235 West Schrock Road
Westerville, Ohio 43081-0393
As Paying Agent, the Bank shall, provided adequate collected
funds have been provided to it for such purpose by or on behalf of
the Issuer, pay on behalf of the Issuer the interest on each
Security when due, by computing the amount of interest to be paid
each Holder and making payment thereof to the Holders of the
Securities (or their Predecessor Securities) on the Record Date
(as defined in the Resolution). All payments of principal and/or
interest on the Securities to the registered owners shall be
accompl ished ( 1) by the issuance of checks, payable to the
registered owners, drawn on the fiduciary account provided in
section 5.05 hereof, sent by United States mail, first class,
postage prepaid, to the address appearing on the Security Register
or (2) by such other method, acceptable to the Bank, requested in
writing by the Holder at the Holder's risk and expense.
section 3.02. Payment Dates. The Issuer hereby instructs
the Bank to pay the principal of and interest on the Securities at
the dates specified in the Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01. Security Reqister - Transfers and Exchanqes.
The Bank agrees to keep and maintain for and on behalf of the
Issuer at the Bank Office books and records (herein sometimes
referred to as the "Security Register") for recording the names'
and addresses of the Holders of the Securities, the transfer,
exchange and replacement of the Securities and the payment of the
principal of and interest on the Securities to the Holders and
containing such other information as may be reasonably required by
04.')8072
-4-
EXHIBIT .1\
the Issuer and subject to such reasonable regulations as the
Issuer and Bank may prescribe. The Bank represents and warrants
its office in Fort Worth, Texas will at all times have immediate
access to the Security Register by electronic or other means and
will be capable at all times of producing a hard copy of the
Security Register at its Fort Worth office for use by the Issuer.
All transfers, exchanges and replacement of Securities shall be
noted in the Security Register.
Every Security surrendered for transfer or exchange shall be
duly endorsed or be accompanied by a written instrument of
transfer, the signature on which has been guaranteed by an officer
of a federal or state bank or a member of the National Association
of Securities Dealers, in form satisfactory to the Bank, duly
executed by the Holder thereof or his agent duly authorized in
writing.
The Bank may request any supporting documentation it feels
necessary to effect a re-registration, transfer or exchange of the
Securities.
To the extent possible and under reasonable circumstances,
the Bank agrees that, in relation to an exchange or transfer of
Securities, the exchange or transfer by the Holders thereof will
be completed and new Securities delivered to the Holder or the
assignee of the Holder in not more than three (3) business days
after the receipt of the Securities to be cancelled in an exchange
or transfer and the written instrument of transfer or request for
exchange duly executed by the Holder, or his duly authorized
agent, in form and manner satisfactory to the Paying
Agent/Registrar.
Section 4.02. Certificates. The Issuer shall provide an
adequate inventory of printed Securities to facilitate transfers
or exchanges thereof. The Bank covenants that the inventory of
printed Securities will be kept in safekeeping pending their use
and reasonable care will be exercised by the Bank in maintaining
such Securities in safekeeping, which shall be not less than the
care maintained by the Bank for debt securities of other
governments or corporations for which it serves as registrar, or
that is maintained for its own securities.
Section 4.03. Form of Security Reqister. The Bank, as
Registrar, will maintain the Security Register relating to the
registration, payment, transfer and exchange of the Securities in
accordance with the Bank's general practices and procedures in
effect from time to time. The Bank shall not be obligated to
maintain such Security Register in any form other than those which
the Bank has currently available and currently utilizes at the
time.
04.~72
-5-
EXHIBF
.,
, "
The Security Register may be maintained in written form or in
any other form capable of being converted into written form within
a reasonable time.
Section 4.04. List of Security Holders. The Bank will
provide the Issuer at any time requested by the Issuer, upon
payment of the required fee, a copy of the information contained
in the Security Register. The Issuer may also inspect the
information contained in the Security Register at any time the
Bank is customarily open for business, provided that reasonable
time is allowed the Bank to provide an up-to-date listing or to
convert the information into written form.
The Bank will not release or disclose the contents of the
Security Register to any person other than to, or at the written
request of, an authorized officer or employee of the Issuer,
except upon receipt of a court order or as otherwise required by
law. Upon receipt of a court order and prior to the release or
disclosure of the contents of the Security Register, the Bank will
notify the Issuer so that the Issuer may contest the court order
or such release or disclosure of the contents of the Security
Register.
Section 4.05. Return of Cancelled Certificates. The Bank
will, at such reasonable intervals as it determines, cancel and
destroy, pursuant to the Securities and Exchange Act of 1934, all
Securities in lieu of which or in exchange for which other
Securities have been issued, or which have been paid.
Section 4.06. Mutilated. Destroyed. Lost or Stolen Securi-
ties. The Issuer hereby instructs the Bank, subject to the
provisions of Section 11 of the Bond Resolution, to deliver and
issue Securities in exchange for or in lieu of mutilated,
destroyed, lost, or stolen Securities as long as the same does not
result in an overissuance.
In case any Security shall be mutilated, or destroyed, lost
or stolen, the Bank may execute and deliver a replacement Security
of like form and tenor, and in the same denomination and bearing
a number not contemporaneously outstanding, in exchange and
substitution for such mutilated Security, or in lieu of and in
substitution for such destroyed lost or stolen Security, only upon
the approval of the Issuer and after (i) the filing by the Holder
thereof with the Bank of evidence satisfactory to the Bank of the
destruction, loss or theft of such Security, and of the
authenticity of the ownership thereof and (ii) the furnishing to
the Bank of indemnification in an amount satisfactory to hold the
Issuer and the Bank harmless. All expenses and charges associated
wi th such indemnity and with the preparation, execution and
delivery of a replacement Security shall be borne by the Holder of
the Security mutilated, or destroyed, lost or stolen.
0458072
-6-
',";~'.·UH'~. .',(" T
-.. rLL:" ¡ .'""1.
Section 4.07. Transaction Information to Issuer. The Bank
will, within a reasonable time after receipt of written request
from the Issuer, furnish the Issuer information as to the
Securities it has paid pursuant to Section 3.01, Securities it has
delivered upon the transfer or exchange of any Securities pursuant
to Section 4.01, and Securities it has delivered in exchange for
or in lieu of mutilated, destroyed, lost, or stolen Securities
pursuant to Section 4.06.
ARTICLE FIVE
THE BANK
Section 5.01. Duties of Bank. The Bank undertakes to
perform the duties set forth herein and agrees to use reasonable
care in the performance thereof.
Section 5.02. Reliance on Documents. Etc. (a) The Bank
may conclusively rely, as to the truth of the statements and
correctness of the opinions expressed therein, on certificates or
opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment
made in good faith by a Responsible Officer, unless it shall be
proved that the Bank was negligent in ascertaining the pertinent
facts.
(c) No provisions of this Agreement shall require the Bank
to expend or risk its own funds or otherwise incur any financial
liability for performance of any of its duties hereunder, or in
the exercise of any of its rights or powers, if it shall have
reasonable grounds for believing that repayment of such funds or
adequate indemnity satisfactory to it against such risks or
liability is not assured to it.
(d) The Bank may rely and shall be protected in acting or
refraining from acting upon any resolution, certificate,
statement, instrument, opinion, report, notice, request,
direction, consent, order, bond, note, security, or other paper or
document believed by it to be genuine and to have been signed or
presented by the proper party or parties. Without limiting the
generality of the foregoing statement, the Bank need not examine
the ownership of any Securities, but is protected in acting upon
receipt of Securities containing an endorsement or instruction of
transfer or power of transfer which appears on its face to be
signed by the Holder or an agent of the Holder. The Bank shall
not be bound to make any investigation into the facts or matters
stated in a resolution, certificate, statement, instrument,
opinion, report, notice, request, direction, consent, order, bond,
note, security, or other paper or document supplied by Issuer.
(e) The Bank may consult with counsel, and the written
advice of such counselor any opinion of counsel shall be full and
complete authorization and protection with respect to any action
0458072
-7-
EXHIBIT ,q
taken, suffered, or omitted by it hereunder in good faith and in
reliance thereon.
(f) The Bank may exercise any of the powers hereunder and
perform any duties hereunder either directly or by or through
agents or attorneys of the Bank.
section 5.03. Recitals of Issuer. The recitals contained
herein with respect to the Issuer and in the Securities shall be
taken as the statements of the Issuer, and the Bank assumes no
responsibility for their correctness.
The Bank shall in no event be liable to the Issuer, any
Holder or Holders of any Security, or any other Person for any
amount due on any Security from its own funds.
section 5.04. May Hold Securities. The Bank, in its
individual or any other capacity, may become the owner or pledgee
of Securities and may otherwise deal with the Issuer with the same
rights it would have if it were not the paying Agent/Registrar, or
any other agent.
section 5.05. Moneys Held by Bank - Fiduciary Account/
Collateralization. A fiduciary account shall at all times be kept
and maintained by the Bank for the receipt, safekeeping and
disbursement of moneys received from the Issuer hereunder for the
payment of the Securities, and money deposited to the credit of
such account until paid to the Holders of the Securities shall be
continuously collateralized by securities or obligations which
qualify and are eligible under both the laws of the State of Texas
and the laws of the United States of America to secure and be
pledged as collateral for fiduciary accounts to the extent such
money is not insured by the Federal Deposit Insurance Corporation.
Payments made from such fiduciary account shall be made by check
drawn on such fiduciary account unless the owner of such
Securities shall, at its own expense and risk, request such other
medium of payment.
The Bank shall be under no liability for interest on any
money received by it hereunder.
Subject to the applicable unclaimed property laws of the
State of Texas, any money deposited with the Bank for the payment
of the principal, premium (if any), or interest on any Security
and remaining unclaimed for four years after final maturity of the
security has become due and payable will be paid by the Bank to
the Issuer, and the Holder of such Security shall thereafter look
only to the Issuer for payment thereof, and all liability of the
Bank with respect to such moneys shall thereupon cease.
Section 5.06. Indemnification. To the extent permitted by
law, the Issuer agrees to indemnify the Bank for, and hold it
harmless against, any loss, liability, or expense incurred without
04.">8072
-8-
:',:; \/,~ 1;~ ¡
',-,f'~!I. " t,)
negligence or bad faith on its part, arising out of or in
connection with its acceptance or administration of its duties
hereunder, including the cost and expense against any claim or
liability in connection with the exercise or performance of any of
its powers or duties under this Agreement.
Section 5.07. InterDleader. The Issuer and the Bank agree
that the Bank may seek adjudication of any adverse claim, demand,
or controversy over its person as well as funds on deposit, in
either a Federal or State District Court located in the State and
County where either the Bank Office or the administrative offices
of the Issuer is located, and agree that service of process by
certified or registered mail, return receipt requested, to the
address referred to in Section 6.03 of this Agreement shall
constitute adequate service. The Issuer and the Bank further
agree that the Bank has the right to file a Bill of Interpleader
in any court of competent jurisdiction to determine the rights of
any Person claiming any interest herein.
Section 5.08. DTC Services. It is hereby represented and
warranted that, in the event the Securities are otherwise
qualified and accepted for "Depository Trust Company" services or
equivalent depository trust services by other organizations, the
Bank has the capability and, to the extent within its control,
will comply with the "Operational Arrangements", effective
December 12, 1994, which establishes requirements for securities
to be eligible for such type depository trust services, including,
but not limited to, requirements for the timeliness of payments
and funds availability, transfer turnaround time, and notification
of redemptions and calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment. This Agreement may be amended only
by an agreement in writing signed by both of the parties hereto.
Section 6.02. Assiqnment. This Agreement may not be
assigned by either party without the prior written consent of the
other.
Section 6.03. Notices. Any request, demand, authorization,
direction, notice, consent, waiver, or other document provided or
permitted hereby to be given or furnished to the Issuer or the
Bank shall be mailed or delivered to the Issuer or the Bank,
respectively, at the addresses shown on page 11.
Section 6.04. Effect of Headinqs. The Article and Section
headings herein are for convenience only and shall not affect the
construction hereof.
0458072
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EXH/R!T1\.
section 6.05. Successors and Assiqns. All covenants and
agreements herein by the Issuer shall bind its successors and
assigns, whether so expressed or not.
Section 6.06. Severability. In case any provision herein
shall be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not
in any way be affected or impaired thereby.
section 6.07. Benefits of Agreement. Nothing herein,
express or implied, shall give to any Person, other than the
parties hereto and their successors hereunder, any benefit or any
legal or equitable right, remedy, or claim hereunder.
section 6.08. Entire Aqreement. This Agreement and the Bond
Resolution constitute the entire agreement between the parties
hereto relative to the Bank acting as Paying Agent/Registrar and
if any conflict exists between this Agreement and the Bond
Resolution, the Bond Resolution shall govern.
section 6.09. Counterparts. This Agreement may be executed
in any number of counterparts, each of which shall be deemed an
original and all of which shall constitute one and the same
Agreement.
Section 6.10. Termination. This Agreement will terminate
(i) on the date of final payment of the principal of and interest
on the Securities to the Holders thereof or (ii) may be earlier
terminated by either party upon sixty (60) days written notice;
provided, however, an early termination of this Agreement by
either party shall not be effective until (a) a successor Paying
Agent/Registrar has been appointed by the Issuer and such
appointment accepted and (b) notice given to the Holders of the
Securities of the appointment of a successor Paying
Agent/Registrar. Furthermore, the Bank and Issuer mutually agree
that the effective date of an early termination of this Agreement
shall not occur at any time which would disrupt, delay or
otherwise adversely affect the payment of the Securities.
The resigning paying Agent/Registrar may petition any court
of competent jurisdiction for the appointment of a successor
Paying Agent/Registrar if an instrument of acceptance by a
successor Paying Agent/Registrar has not been delivered to the
resigning Paying Agent/Registrar within sixty (60) days after the
giving of such notice of resignation.
Upon an early termination of this Agreement, the Bank agrees
to promptly transfer and deliver the Security Register (or a copy
thereof), together with other pertinent books and records relating
to the Securities, to the successor Paying Agent/Registrar
designated and appointed by the Issuer.
G4M072
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The provisions of Section 1.02 and of Article Five shall
survive and remain in full force and effect following the
termination of this Agreement.
Section 6.11. Governinq Law. This Agreement shall be
construed in accordance with and governed by the laws of the State
of Texas.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
BANK ONE, TEXAS, N.A.,
Fort Worth, Texas
BY
Title:
[SEAL]
Attest:
Title:
Address: 500 Throckmorton
Suite 704-West Complex
Fort Worth, Texas 76102
CITY OF NORTH RICHLAND HILLS, TEXAS
BY
Mayor
(CITY SEAL)
Attest:
Address: P. O. Box 820609
North Richland Hills, Texas
76180
City Secretary
0458072
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EXHIBIT C
SPECIAL ESCROW AGREEMENT
THE STATE OF TEXAS
§
§
§
COUNTY OF TARRANT
THIS SPECIAL ESCROW AGREEMENT (the "Agreement"), made and
entered into as of September 8, 1997, by and between the City of
North Richland Hills, Texas, a duly incorporated municipal
corporation in Tarrant County, Texas (the "City") acting by and
through the Mayor and city Secretary, and Bank One, Texas, N.A.,
Fort Worth, Texas, a national banking association organized and
existing under the laws of the United States of America, or its
successors or assigns hereunder (the "Bank"),
WIT N E SSE T H :
WHEREAS, the City has duly issued certain obligations now
outstanding in the aggregate amount $4,995,000 (hereinafter
collectively referred to as the "Refunded Obligations") and more
particularly described as follows:
(1) City of North Richland Hills, Texas,
General Obligation Bonds, Series 1991, dated
February 1, 1991, maturing on February 15 in each
of the years 2003 through 2011, and aggregating in
principal amount $1,725,000
(2) City of North Richland Hills, Texas, Tax
and Waterworks and Sewer System (Limited Pledge)
Revenue Certificates of Obligation, Series 1992,
dated February 1, 1992, maturing on February 15 in
each of the years 2004 through 2012, and
aggregating in principal amount $ 565,000
(3) City of North Richland Hills, Texas,
General Obligation Improvement Bonds, Series
1992-A, dated February 1, 1992, maturing on
February 15 in each of the years 2004 through
2012, and aggregating in principal amount $2,705,000
AND WHEREAS, in accordance with the provisions of Article
717k, V.A.T.C.S., as amended (the "Act"), the City is authorized to
sell refunding bonds in an amount sufficient to provide for the
payment of obligations to be refunded, deposit the proceeds of such
refunding bonds with any place of payment for the obligations being
refunded and enter into an escrow or similar agreement with such
place of payment for the safekeeping, investment, reinvestment,
administration and disposition of such deposit, upon such terms and
conditions as the parties may agree, provided such deposits may be
0458068
-----~~---~'----~---
invested only in direct obligations of the united states of
America, including obligations the principal of and interest on are
unconditionally guaranteed by the United states of America,
(hereinafter called the "Federal securities") that mature and/or
bear interest payable at such times and in such amounts as will be
sufficient to provide for the scheduled payment of Refunded
obligations; and
-
WHEREAS, the Refunded Obligations are scheduled to mature, or
be redeemed, and interest thereon is payable on the dates and in
the manner set forth in Exhibit A attached hereto and incorporated
herein by reference as a part of this Agreement for all purposes;
and
WHEREAS, the City on the 8th day of September, 1997, pursuant
to an ordinance (the "Bond Ordinance") finally passed and adopted
by the City council, authorized the issuance of bonds known as
"City of North Richland Hills, Texas, General Obligation Refunding
Bonds, Series 1997" (the "Bonds"), and such Bonds are being issued
to refund, discharge and make final payment of the principal of and
interest on the Refunded obligations; and
WHEREAS, upon the delivery of the Bonds, the proceeds of sale,
together with other available funds of the City, are to be
deposited with the Bank and used in part to purchase the Federal
Securities listed and identified in Exhibit B attached hereto and
incorporated by reference as a part of this Agreement for all
purposes; and
WHEREAS, the Federal Securities shall be held and deposited to
the credit of the "Escrow Fund" to be established and maintained by
the Bank in accordance with this Agreement; and
WHEREAS, the Federal Securities, together with the beginning
cash balance in the Escrow Fund, shall mature and the interest
thereon shall be payable at such times to insure the existence of
monies sufficient to pay the principal amount of the Refunded
obligations and the accrued interest thereon, as the same shall
become due in accordance with the terms of the ordinances
authorizing the issuance of the Refunded Obligations and as set
forth in Exhibit A attached hereto; and
WHEREAS, the City has completed all arrangements for the
purchase of the Federal Securities listed in Exhibit B and the
deposit and credit of the same to the Escrow Fund as provided
herein; and
WHEREAS, the Bank is a national banking association organized
and existing under the laws of the United States of America,
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EXHIBIT C
possessing trust powers and is fully qualified and empowered to
enter into this Agreement; and
WHEREAS, in Section 16 of the Bond Ordinance, the City Council
duly approved and authorized the execution of this Agreement; and
WHEREAS, the City and the Escrow Agent, as the case may be,
shall take all action necessary to call, pay, redeem and retire
said Refunded Obligations in accordance with the provisions
thereof, including, without limitation, all actions required by the
ordinances authorizing the Refunded Obligations, the Act, the Bond
Ordinance and this Agreement;
NOW, THEREFORE, in consideration of the mutual agreements
herein contained, and to secure the payment of the principal of and
the interest on the Refunded Obligations as the same shall become
due, the City and the Bank hereby mutually undertake, promise and
agree as follows:
SECTION 1: Receipt of Refunded Bond Ordinances. Receipt
of copies of the ordinances authorizing the issuance of the
Refunded Obligations and the Bond Ordinance are hereby acknowledged
by the Bank. Reference herein to or citation herein of any
provision of said documents shall be deemed an incorporation of
such provision as a part hereof in the same manner and with the
same effect as if it were fully set forth herein.
SECTION 2: Escrow Fund Creation/Funding. There is hereby
created by the City with the Bank a special segregated and
irrevocable trust fund designated "SPECIAL 1997 CITY OF NORTH
RICHLAND HILLS, TEXAS, REFUNDING BOND ESCROW FUND" (hereinafter
called the "Escrow Fund") for the benefit of the holders of the
Refunded Obligations, and, immediately following the delivery of
the Bonds, the City agrees and covenants to cause to be deposited
with the Bank the following amounts:
$
for the purchase of Federal Securities
identified in Exhibit B to be held for the
account of the Escrow Fund
$
for deposit in the Escrow Fund as a
beginning cash balance.
The Bank hereby accepts the Escrow Fund and further agrees to
receive said moneys, apply the same as set forth herein, and to
hold the cash and Federal Securities deposited and credited to the
Escrow Fund for application and disbursement for the purposes and
in the manner provided in this Agreement. .
0458063
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EXHIBIT C
SECTION 3: Escrow Fund Sufficiency Warranty. The City hereby
represents that the cash and Federal Securities, together with the
interest to be earned thereon, deposited to the credit of the
Escrow Fund will be sufficient to pay the principal of and premium
and interest on the Refunded obligations as the same shall become
due and payable, and such Refunded Obligations, and the interest
thereon, are to mature or be redeemed and shall be paid at the
times and in the amounts set forth and identified in Exhibit A
attached hereto.
FURTHERMORE, the Bank acknowledges receipt of a copy of the
resolution providing for the redemption of (i) the Series 1991
Refunded Obligations on February 1, 2001 at the redemption price of
par plus accrued interest thereon and (ii) the Series 1992 Refunded
Obligations and the Series 1992-A Refunded Obligations on
February 15, 2002 at the redemption price of par plus accrued
interest thereon; all in accordance with the provisions of the
notice requirements applicable to said Refunded Obligations and the
notice requirements contained in the respective ordinance
authorizing such Refunded Obligations.
The Bank agrees to cause a notice of redemption pertaining to
the Refunded Obligations to be sent to the registered owners
thereof appearing on the registration books at least thirty (30)
days prior to the respective redemption date therefor.
SECTION 4: Pledqe of Escrow. The Bank agrees that all cash
and Federal Securities, together with any income or interest earned
thereon, held in the Escrow Fund shall be and is hereby irrevocably
pledged to the payment of the principal of and interest on the
Refunded Obligations which will mature and become due on and after
the date of this Agreement, and such funds initially deposited and
to be received from maturing principal and interest on the Federal
Securities in the Escrow Fund shall be applied solely in accordance
with the provisions of this Agreement.
SECTION 5: Escrow Insufficiency - city Warranty to Cure. If,
for any reason, the funds on hand in the Escrow Fund shall be
insufficient to make the payments set forth in Exhibit A attached
hereto, as the same becomes due and payable, the City shall make
timely deposits to the Escrow Fund, from lawfully available funds,
of additional funds in the amounts required to make such payments.
Notice of any such insufficiency shall be immediately given by the
Bank to the City by the fastest means possible, but the Bank shall
in no manner be responsible for the City's failure to make such
deposits.
SECTION 6: Escrow Fund Securities/Seqreqation. The Bank
shall hold said Federal Securities and moneys in the Escrow Fund at
all times as a special and separate trust fund for the benefit of
04.53068
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EXHfBlr C
the holders of the Refunded Obligations, wholly segregated from
other moneys and securities on deposit with the Bank; shall never
commingle said Federal Securities and moneys with other moneys or
securities of the Bank; and shall hold and dispose of the assets
therein only as set forth herein. Nothing herein contained shall
be construed as requiring the Bank to keep the identical moneys, or
any part thereof, in said Escrow Fund, if it is impractical, but
moneys of an equal amount, except to the extent such are
represented by the Federal Securities, shall always be maintained
on deposit in the Escrow Fund by the Bank, as trustee; and a
special account evidencing such facts shall at all times be
maintained on the books of the Bank.
SECTION 7: Escrow Fund Collections/Payments. The Bank shall
from time to time collect and receive the principal of and interest
on the Federal Securities as they respectively mature and become
due and credit the same to the Escrow Fund. On or before each
principal and/or interest payment date or redemption date, as the
case may be, for the Refunded Obligations shown in Exhibit A
attached hereto, the Bank, without further direction from anyone,
including the City, shall cause to be withdrawn from the Escrow
Fund the amount required to pay the accrued interest on the
Refunded Obligations due and payable on said payment date and the
principal of the Refunded Obligations due and payable on said
payment date or redemption date, as the case may be, and the amount
withdrawn from the Escrow Fund shall be immediately transmitted and
deposited with the paying agent for the Refunded Obligations to be
paid with such amount. The paying agent for the Refunded
Obligations is the Bank.
If any Refunded Obligation thereon shall not be presented for
payment when the principal thereof or interest thereon shall have
become due, and if cash shall at such times be held by the Bank in
trust for that purpose sufficient and available to pay the
principal of such Refunded Obligation and interest thereon it shall
be the duty of the Bank to hold said cash without liability to the
holder of such Refunded Obligation for interest thereon after such
maturity or redemption date, in trust for the benefit of the holder
of such Refunded Obligation, who shall thereafter be restricted
exclusively to said cash for any claim of whatever nature on his
part on or with respect to said Refunded Obligation, including for
any claim for the payment thereof and interest thereon. All cash
required by the provisions hereof to be set aside or held in trust
for the payment of the Refunded Obligations, including interest
thereon, shall be applied to and used solely for the payment of the
Refunded Obligations and interest thereon with respect to which
such cash has been so set aside in trust.
Subject to the provisions of the last sentence of Section 25
hereof, cash held by the Bank in trust for the payment and
04.53068
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discharge of any of the Refunded obligations and interest thereon
which remains unclaimed for a period of four (4) years after the
stated maturity date or redemption date of such Refunded
Obligations shall be returned to the City. Notwithstanding the
above and foregoing, any remittance of funds from the Bank to the
City shall be subject to any applicable unclaimed property laws of
the state of Texas.
SECTION 8: Disposal of Refunded Obliqations. All Refunded
Obligations cancelled on account of payment by the Bank shall be
disposed of or otherwise destroyed by the Bank, and an appropriate
certificate of destruction furnished the city.
SECTION 9 : Escrow Fund Encumbrance. The escrow created
hereby shall be irrevocable and the holders of the Refunded
Obligations shall have an express lien on all moneys and Federal
Securities in the Escrow Fund until paid out, used and applied in
accordance with this Agreement.
Unless disbursed in payment of the Refunded Obligations, all
funds and the Federal Securities received by the Bank for the
account of the City hereunder shall be and remain the property of
the Escrow Fund and the City and the owners of the Refunded
Obligations shall be entitled to a preferred claim and shall have
a first lien upon such funds and Federal Securities enjoyed by a
trust beneficiary. The funds and Federal Securities received by
the Bank under this Agreement shall not be considered as a banking
deposit by the city and the Bank and the City shall have no right
or title with respect thereto, except as otherwise provided herein.
Such funds and Federal Securities shall not be subject to checks or
drafts drawn by the City.
SECTION 10: Absence of Bank Claim/Lien on Escrow Fund.
The Bank shall have no lien whatsoever upon any of the moneys or
Federal Securities in the Escrow Fund for payment of services
rendered hereunder, services rendered as paying agent/registrar for
the Refunded Obligations, or for any costs or expenses incurred
hereunder and reimbursable from the City.
SECTION 11: substitution of Investments/Reinvestments. (a)
The Bank shall be authorized to accept initially and temporarily
cash and/or substituted Federal Securities pending the delivery of
the Federal Securities identified in the Exhibit B attached hereto,
or shall be authorized to redeem the Federal Securities and
reinvest the proceeds thereof, together with other moneys held in
the Escrow Fund in noncallable direct obligations of the United
States of America provided such early redemption and reinvestment
of proceeds does not change the repayment schedule of the Refunded
Obligations appearing in Exhibit A and the Bank receives the
following:
04M068
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EXHIBIT C
--~._---_. "'-'~-'-~-~+_._._._--. ._--
(1) an opinion by an independent certified public
accountant to the effect that (i) the initial and/or
temporary substitution of cash and/or securities for one
or more of the Federal Securities identified in
Exhibit B pending the receipt and delivery thereof to
the Escrow Agent or (ii) the redemption of one or more
of the Federal Securities and the reinvestment of such
funds in one or more substituted securities (which shall
be noncallable direct obligations of the United States
of America), together with the interest thereon and
other available moneys then held in the Escrow Fund,
will, in either case, be sufficient, without
reinvestment, to pay, as the same become due in
accordance with Exhibit A, the principal of, and
interest on, the Refunded Obligations which have not
previously been paid, and
(2) with respect to an early redemption of Federal
Securi ties and the reinvestment of the proceeds thereof,
an unqualified opinion of nationally recognized
municipal bond counsel to the effect that (a) such
investment will not cause interest on the Bonds or
Refunded Obligations to be included in the gross income
for federal income tax purposes, under the Code and
related regulations as in effect on the date of such
investment, or otherwise make the interest on the Bonds
or the Refunded Obligations subject to Federal income
taxation and (b) such reinvestment complies with the
Constitution and laws of the State of Texas and with
all relevant documents relating to the issuance of the
Refunded Obligations and the Bonds.
(b) If on the date and in the amount shown in Exhibit C
attached hereto there exists cash in the Escrow Fund, the Bank and
the City agree at least fifteen (15) days prior to such date, to
subscribe for the purchase of United States Treasury Securities _
State and Local Government Series (SLGS) bearing zero interest (0%)
and on such date, in the amount and scheduled to mature as provided
in Exhibit C and subscription forms prepared therefor as may be
then required by the United States Department of the Treasury;
provided that the then existing rules and regulations and policy of
United States Department of the Treasury permit and authorize such
investments. Should the policy, rules and regulations of the
United States Department of Treasury not permit or authorize the
purchase of such SLGS at such time or times, such cash balance or
balances shall remain uninvested and held in trust for the benefit
of the holders of the Refunded Obligations and used for the payment
of the Refunded Obligations on the dates and in the amount such
moneys would have been expended had such SLGS been acquired and
matured.
0458068
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SECTION 12: Restriction on Escrow Fund Investments -
Reinvestment. Except as provided in section 11 hereof, moneys in
the Escrow Fund will be invested only in the Federal Securities
listed in Exhibit B and neither the City nor the Bank shall
reinvest any moneys deposited in the Escrow Fund except as
specifically provided by this Agreement.
SECTION 13: Excess Funds. If at any time through redemption
or cancellation of the Refunded obligations there exists or will
exist excesses of interest on or maturing principal of the Federal
Securities in excess of the amounts necessary hereunder for the
Refunded Obligations, the Bank may transfer such excess amounts to
or on the order of the City, provided that the City delivers to the
Bank the following:
(1) an opinion by an independent certified public
accountant that after the transfer of such excess, the
principal amount of securities in the Escrow Fund,
together with the interest thereon, and other available
monies then held in the Escrow Fund, will be sufficient
to pay, as the same become due and without reinvestment,
in accordance with Exhibit A, the principal of, and
interest on, the Refunded obligations which have not
previously been paid, and
(2) an unqualified opinion of nationally
recognized municipal bond counsel to the effect that (a)
such transfer will not cause interest on the Bonds or
the Refunded Obligations to be included in gross income
for federal income tax purposes, under the Code and
related regulations as in effect on the date of such
transfer, or otherwise make the interest on the Bonds or
the Refunded Obligations subject to Federal income
taxation, and (b) such transfer complies with the
Constitution and laws of the State of Texas and with all
relevant documents relating to the issuance of the
Refunded Obligations or the Bonds.
SECTION 14: Collateralization. The Bank shall continuously
secure the monies in the Escrow Fund not invested in Federal
Securities by a pledge of direct obligations of the united States
of America, in the par or face amount at least equal to the
principal amount of said uninvested monies to the extent such
money is not insured by the Federal Deposit Insurance Corporation.
SECTION 15: Absence of Bank's Liabilitv for Investments.
The Bank shall not be liable or responsible for any loss resulting
from any investment made in the Federal Securities or substitute
securities as provided in section 11 hereof.
0458068
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EXHIBIT C
---_._---,--.---,,~.,._._- .. ~'-,,-----
SECTION 16: Bank's Compensation - Escrow Administrationl
Settlement of Pavinq Aqent's Charqes. The City agrees to pay the
Bank for the performance of services hereunder and as
reimbursement for anticipated expenses to be incurred hereunder
the amount of $ and, except for reimbursement of costs
and expenses incurred by the Bank pursuant to Sections 3, 11 and
19 hereof, the Bank hereby agrees said amount is full and complete
payment for the administration of this Agreement.
The City also agrees to deposit with the Bank on the
effective date of this Agreement, the sum of $ and the
Bank acknowledges and agrees that such amount is and represents
the total amount of compensation due the Bank for services
rendered as paying agent for the Refunded Obligations. The Bank
hereby agrees to pay, assume and be fully responsible for any
additional charges that it may incur in the performance of its
duties and responsibilities as paying agent for the Refunded
Obligations.
The City acknowledges and agrees that the above amount
deposited with the Escrow Agent to cover paying agents' charges
and expenses does not include amounts which shall become due and
payable for services rendered as registrar and transfer agent for
fully registered Refunded Obligations, and the City agrees to pay
directly to each "registrar" for the Refunded Obligations all
reasonable costs, expenses and charges incurred in connection with
the maintenance of the registration books and records and the
transfer of such fully registered obligations as and when such
costs, expenses and charges are incurred and against written
invoices, statements or bills submitted therefor.
SECTION 17: Escrow Aqent's Duties / Responsibilities/
Liability. The Bank shall not be responsible for any recital
herein, except with respect to its organization and its powers and
authority. As to the existence or nonexistence of any fact
relating to the City or as to the sufficiency or validity of any
instrument, paper or proceedings relating to the City, the Bank
shall be entitled to rely upon a certificate signed on behalf of
the City by its City Manager or Mayor and/or City Secretary of the
City as sufficient evidence of the facts therein contained. The
Bank may accept a certificate of the City Secretary under the
City's seal, to the effect that a resolution or other instrument
in the form therein set forth has been adopted by the City Council
of the City, as conclusive evidence that such resolution or other
instrument has been duly adopted and is in full force and effect.
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EXHIBIT C
The duties and obligations of the Bank shall be determined
solely by the express provisions of this Agreement and the Bank
shall not be liable except for the performance of such duties and
obligations as are specifically set forth in this Agreement, and
no implied covenants or obligations shall be read into this
Agreement against the Bank.
In the absence of bad faith on the part of the Bank, the Bank
may conclusively rely, as to the truth of the statements and the
correctness of the opinions expressed therein, upon any
certificate or opinion furnished to the Bank, conforming to the
requirements of this Agreement; but notwithstanding any provision
of this Agreement to the contrary, in the case of any such
certif icate or opinion or any evidence which by any provision
hereof is specifically required to be furnished to the Bank, the
Bank shall be under a duty to examine the same to determine
whether it conforms to the requirements of this Agreement.
The Bank shall not be liable for any error of judgment made
in good faith by a Responsible Officer or Officers of the Bank
unless it shall be proved that the Bank was negligent in
ascertaining or acting upon the pertinent facts.
The Bank shall not be liable with respect to any action taken
or omitted to be taken by it in good faith in accordance with the
direction of the holders of not less than a majority in aggregate
principal amount of all said Refunded Obligations at the time
outstanding relating to the time, method and place of conducting
any proceeding for any remedy available to the Bank not in
conflict with the intent and purpose of this Agreement. For the
purposes of determining whether the holders of the required
principal amount of said Refunded Obligations have concurred in
any such direction, Refunded Obligations owned by any obligor upon
the Refunded Obligations, or by any person directly or indirectly
controlling or controlled by or under direct or indirect common
control with such obligor, shall be disregarded, except that for
the purposes of determining whether the Bank shall be protected in
relying on any such direction only Refunded Obligations which the
Bank knows are so owned shall be so disregarded.
The term "Responsible Officers" of the Bank, as used in this
Agreement, shall mean and include the Chairman of the Board of
Directors, the President, any Vice President and any Second Vice
President, the Secretary and any Assistant Secretary, the
Treasurer and any Assistant Treasurer, and every other officer and
assistant officer of the Bank customarily performing functions
similar to those performed by the persons who at the time shall be
officers, respectively, or to whom any corporate trust matter is
referred, because of his knowledge of and familiarity with a
particular subject; and the term "Responsible Officer" of the
~
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¿~ti:b~ f C
Bank, as used in this Agreement, shall mean and include any of
said officers or persons.
SECTION 18: Limitation Re: Bank's Duties/Responsibilities/
Liabilities to Third Parties. The Bank shall not be responsible
or liable to any person in any manner whatever for the
sufficiency, correctness, genuineness, effectiveness, or validity
of this Agreement with respect to the City, or for the identity or
authority of any person making or executing this Agreement for and
on behalf of the City. The Bank is authorized by the City to rely
upon the representations of the City with respect to this
Agreement and the deposits made pursuant hereto and as to the
City's right and power to execute and deliver this Agreement, and
the Bank shall not be liable in any manner as a result of such
reliance. The duty of the Bank hereunder shall only be to the
City and the holders of the Refunded Obligations. Neither the
City nor the Bank shall assign or attempt to assign or transfer
any interest hereunder or any portion of any such interest. Any
such assignment or attempted assignment shall be in direct
conflict with this Agreement and be without effect.
SECTION 19: Interpleader. In the event conflicting demands
or notices are made upon the Bank growing out of or relating to
this Agreement or the Bank in good faith is in doubt as to what
action should be taken hereunder, the Bank shall have the right at
its election to:
(a) Withhold and stop all further proceedings in,
and performance of, this Agreement with respect to the
issue in question and of all instructions received
hereunder in regard to such issue; and
(b) File a suit in interpleader and obtain an
order from a court of appropriate jurisdiction requiring
all persons involved to interplead and litigate in such
court their several claims and rights among themselves.
In the event the Bank becomes involved in litigation in
connection with this Section, the City, to the extent permitted by
law, agrees to indemnify and save the Bank harmless from all loss,
cost, damages, expenses and attorney fees suffered or incurred by
the Bank as a result thereof. The obligations of the Bank under
this Agreement shall be performable at the corporate office of the
Bank in the City of Fort Worth, Texas.
The Bank may advise with legal counsel in the event of any
dispute or question regarding the construction of any of the
provisions hereof or its duties hereunder, and in the absence of
negligence or bad faith on the part of the Bank, no liability
shall be incurred by the Bank for any action taken pursuant to
04M063
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EXHIBIT C
this Section and the Bank shall be fully protected in acting in
accordance with the opinion and instructions of legal counsel that
is knowledgeable and has expertise in the field of law addressed
in any such legal opinion or with respect to the instructions
given.
SECTION 20: Accountinq - Annual Report. Promptly after
September 30th of each year, commencing with the year 1997, while
the Escrow Fund is maintained under this Agreement, the Bank shall
forward to the City, to the attention of the Director of Finance,
or other designated official of the City, a statement in detail of
the Federal Securities and monies held, and the current income and
maturities thereof, and the withdrawals of money from the Escrow
Fund for the preceding 12 month period ending September 30th of
each year.
SECTION 21: Notices. Any notice, authorization, request or
demand required or permitted to be given hereunder shall be in
writing and shall be deemed to have been duly given when mailed by
registered or certified mail, postage prepaid addressed as
follows:
CITY OF NORTH RICHLAND HILLS, TEXAS
P. O. Box 820609
North Richland Hills, Texas 76180
Attention: Director of Finance
BANK ONE, TEXAS, N.A.
500 Throckmorton, suite 704
Fort Worth, Texas 76102
Attention: Corporate Trust Department
The united States Post Office registered or certified mail receipt
showing delivery of the aforesaid shall be conclusive evidence of
the date and fact of delivery.
Any party hereto may change the address to which notices are
to be delivered by giving to the other parties not less than ten
(10) days prior notice thereof.
SECTION 22: Performance Date. Whenever under the terms of
this Agreement the performance date of any provision hereof,
including the date of maturity of interest on or principal of the
Refunded Obligations, shall be a Sunday or a legal holiday or a
day on which the Bank is authorized by law to close, then the
performance thereof, including the payment of principal of and
04.58068
-12-
EXHIBIT C
interest on the Refunded Obligations, need not be made on such
date but may be performed or paid, as the case may be, on the next
succeeding business day of the Bank with the same force and effect
as if made on the date of performance or payment and with respect
to a payment, no interest shall accrue for the period after such
date.
SECTION 23: Warranty of Parties Re: Power to Execute and
Deliver Escrow Aqreement. The City covenants that it will
faithfully perform at all times any and all covenants,
undertakings, stipulations and provisions contained in this
Agreement, in any and every said Refunded Obligation as executed,
authenticated and delivered and in all proceedings pertaining
thereto as said Refunded Obligations shall have been modified as
provided in this Agreement. The City covenants that it is duly
authorized under the Constitution and laws of the State of Texas
to execute and deliver this Agreement, that all actions on its
part for the payment of said Refunded Obligations as provided
herein and the execution and delivery of this Agreement have been
duly and effectively taken and that said Refunded Obligations and
coupons in the hands of the holders and owners thereof are and
will be valid and enforceable obligations of the city according to
the import thereof as provided in this Agreement.
SECTION 24: Severability. If anyone or more of the
covenants or agreements provided in this Agreement on the part of
the parties to be performed should be determined by a court of
competent jurisdiction to be contrary to law, such covenant or
agreement shall be deemed and construed to be severable from the
remaining covenants and agreements herein contained and shall in
no way affect the validity of the remaining provisions of this
Agreement. In the event any covenant or agreement contained in
this Agreement is declared to be severable from the other
provisions of this Agreement, written notice of such event shall
immediately be given to each national rating service (Moody's
Investors Service, Standard & Poor's Corporation or Fitch
Investors Service) which has rated the Refunded Obligations on the
basis of this Agreement.
SECTION 25: Termination. This Agreement shall terminate
when the Refunded Obligations, including interest due thereon,
have been paid and discharged in accordance with the provisions of
this Agreement. If any Refunded Obligations are not presented for
payment when due and payable, the nonpayment thereof shall not
prevent the termination of this Agreement. Funds for the payment
of any nonpresented Refunded Obligations and accrued interest
thereon shall upon termination of this Agreement be held by the
Bank for such purpose in accordance with Section 7 hereof. Any
moneys or Federal Securities held in the Escrow Fund at
termination and not needed for the payment of the principal of or
04.58068
-13-
EXHIBIT C
interest on any of the Refunded obligations shall be paid or
transferred to the city.
SECTION 26: Time of the Essence. Time shall be of the
essence in the performance of obligations from time to time
imposed upon the Bank by this Agreement.
SECTION 27: Successors/Assiqns. (a) Should the Bank not
be able to legally serve or perform the duties and obligations
under this Agreement, or should the Bank be declared to be
insolvent or closed for any reason by federal or state regulatory
authorities or a court of competent jurisdiction, the City, upon
being notified or discovering the Bank's inability or
disqualification to serve hereunder, shall forthwith appoint a
successor to replace the Bank, and upon being notified of such
appointment, the Bank shall (i) transfer all funds and securities
held hereunder, together with all books, records and accounts
relating to the Escrow Fund and the Refunded obligations, to such
successor and (ii) assign all rights, duties and obligations under
this Agreement to such successor. If the City should fail to
appoint such a successor within ninety (90) days from the date the
ci ty discovers, or is notif ied of, the event or circumstance
causing the Bank's inability or disqualification to serve
hereunder, the Bank, or a bondholder of the Refunded Obligations,
may apply to a court of competent j ur isdiction to appoint a
successor or assigns of the Bank and such court, upon determining
the Bank is unable to continue to serve, shall appoint a successor
to serve under this Agreement and the amount of compensation, if
any, to be paid to such successor for the remainder of the term of
this Agreement for services to be rendered both for administering
the Escrow Fund and for paying agent duties and responsibilities
for the Refunded Obligations.
(b) Furthermore, the Bank may resign and be discharged from
performing its duties and responsibilities under this Agreement
upon notifying the City in writing of its intention to resign and
requesting the City to appoint a successor. No such resignation
shall take effect until a successor has been appointed by the City
and such successor has accepted such appointment and agreed to
perform all duties and obligations hereunder for a total
compensation equal to the unearned proportional amount paid the
Bank under section 16 hereof for the administration of this
Agreement and the unearned proportional amount of the paying
agents fees for the Refunded Obligations due the Bank.
Any successor to the Bank shall be a bank, trust company or
other financial institution that is duly qualified under
applicable law (the Act or other appropriate statute) to serve as
escrow agent hereunder and authorized and empowered to perform the
duties and obligations contemplated by this Agreement and
045M68
-14-
EXHIBIT C
organized and doing business under the laws of the United States
or the State of Texas, having its principal office and place of
business in the State of Texas, having a combined capital and
surplus of at least $5,000,000 and be subject to the supervision
or examination by Federal or State authority.
Any successor or assigns to the Bank shall execute,
acknowledge and deliver to the City and the Bank, or its successor
or assigns, an instrument accepting such appointment hereunder,
and the Bank shall execute and deliver an instrument transferring
to such successor, subject to the terms of this Agreement, all the
rights, powers and trusts created and established and to be
performed under this Agreement. Upon the request of any such
successor Bank, the City shall execute any and all instruments in
writing for more fully and certainly vesting in and confirming to
such successor Bank all such rights, powers and duties. The term
"Bank" as used herein shall be the Bank and its legal assigns and
successor hereunder.
SECTION 28: Escrow Aqreement - Amendment/Modification. This
Agreement shall be binding upon the City and the Bank and their
respective successors and legal representatives and shall inure
solely to the benefit of the holders of the Refunded Obligations,
the City, the Bank and their respective successors and legal
representatives. Furthermore, no alteration, amendment or
modification of any provision of this Agreement shall (1) alter
the firm financial arrangements made for the payment of the
Refunded Obligations or (2) be effective unless (i) prior written
consent of such alteration, amendment or modification shall have
been obtained from the holders of all Refunded Obligations
outstanding at the time of such alteration, amendment or
modification and (ii) such alteration, amendment or modification
is in writing and signed by the parties hereto; provided, however,
the City and the Bank may, without the consent of the holders of
the Refunded Obligations, amend or modify the terms and provisions
of this Agreement to cure in a manner not adverse to the holders
of the Refunded Obligations any ambiguity, formal defect or
omission in this Agreement. If the parties hereto agree to any
amendment or modification to this Agreement, prior written notice
of such amendment or proposed modification, together with the
legal documents amending or modifying this Agreement, shall be
furnished to each national rating service (standard & Poor's
Corporation, Moody's Investors Service or Fitch Investors Service)
which has rated the Refunded Obligations on the basis of this
Agreement, prior to such amendment or modification being executed.
SECTION 29: Effect of Headinqs. The Section headings herein
are for convenience only and shall not affect the construction
hereof.
0458068
-15-
;:":,i1It)f7 'f"1
~. ,i\, r'!. Q" ,I ~"
,-'
SECTION 30: Executed Counterparts. This Agreement may be
executed in several counterparts, all or any of which shall be
regarded for all purposes as one original and shall constitute and
be but one and the same instrument. This Agreement shall be
governed by the laws of the State of Texas and shall be effective
as of the date of the delivery of the Bonds.
IN WITNESS WHEREOF, the parties hereto have each caused this
Agreement to be executed by their duly authorized officers and
their corporate seals to be hereunto affixed and attested as of
the date first above written.
CITY OF NORTH RICHLAND HILLS, TEXAS
ATTEST:
Mayor
City Secretary
(City Seal)
BANK ONE, TEXAS, N.A.,
Fort Worth, Texas,
as Escrow Agent
ATTEST:
Title:
Authorized Signer
(Bank Seal)
0458068
-16-
. EXHIBIT C
Exhibit D
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 30 of
this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to
the City to be provided annually in accordance with such Section
are as specified (and included in the Appendix or under the
headings of the Official Statement referred to) below:
1. The financial statements of the City appended to
the Official Statement as Appendix B, but for the most
recently concluded fiscal year.
2. The information under Tables 1 through 6 and
8 through 15.
Accounting Principles
The accounting principles referred to in such Section are the
generally accepted accounting principles as applicable to
governmental units as prescribed by The Government Accounting
Standards Board.
04ð80M
CITY OF
NORTH RICHLAND HILLS
I
Department: Finance
Council Meeting Date:
9/8/97
Subject:
Adoption of Resolution No. 97-40 Providing Agenda Number: GN 97-92
For the Redemption of Certain Outstanding Bonds of The City
In conjunction with the issuance of General Obligation Refunding Bonds, Series 1997, the authorization
of the redemption of the outstanding bonds being refunded is required. A total of $4,995,000 obligations
which the City has previously issued have been identified as eligible and profitable for refunding. The
three issues selected for refunding are the General Obligation Bonds, Series 1991; Tax and Waterworks
and Sewer System Revenue Certificates of Obligation, Series 1992; and General Obligation
Improvement Bonds, Series 1992-A. The resolution provides for the payment of certain parts of these
issues to the bond holders at certain times in the future. The City will issue the General Obligation
Refunding Bonds, Series 1997 to replace the old bonds at a lower more advantageous interest rate, thus
saving interest costs in the next several years.
Recommend~tion:
It is recommended that the City Council adopt Resolution No. 97-40 providing for the redemption of
certain outstanding bonds of the City.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
r·' Oth~ead-;gnature
CffY COUNCIL ACTION IT M
FI"""c» DIf.do<
Page 1 of
RESOLUTION NO. 97-40
A RESOLUTION providing for the redemption of certain
outstanding obligations of the City; and resolving
other matters incident and related to the
redemption of such obligations.
WHEREAS, pursuant to ordinances passed and adopted by the
City Council of the City of North Richland Hills, Texas, the
following described obligations were duly authorized to be issued
and are currently outstanding, to wit:
(1) City of North Richland Hills, Texas,
General Obligation Bonds, Series 1991, dated
February 1, 1991, maturing on February 15 in each
of the years 2003 through 2011, and aggregating in
principal amount $1,725,000;
(2) City of North Richland Hills, Texas, Tax
and Waterworks and Sewer System (Limited Pledge)
Revenue Certificates of Obligation, Series 1992,
dated February 1, 1992, maturing on February 15 in
each of the years 2004 through 2012, and
aggregating in principal amount $565,000;
(3) ci ty of North Richland Hills, Texas,
General Obligation Improvement Bonds, Series
1992-A, dated February 1, 1992, maturing on
February 15 in each of the years 2004 through 2012,
and aggregating in principal amount $2,705,000;
AND WHEREAS, the above identified obligations were
authorized, issued, sold and delivered subject to the right and
authority of the City to redeem the same prior to maturity, as
provided in the respective authorizing ordinances and in said
obligations; and
WHEREAS, in connection with the advance refunding of the
above described obligations, the Council hereby finds and
determines that obligations of the respective series should be
redeemed prior to their maturities on the dates and in the manner
hereinafter provided and in accordance with the requirements
prescribed therefor and notice of redemption of such obligations
should be approved and authorized to be given at this time by the
Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 1: The bonds of that series known as "City of
North Richland Hills, Texas, General Obligation Bonds, Series
1991", dated February 1, 1991, maturing in the years 2003 through
2011, and aggregating in principal amount $1,725,000, shall be
0<I58Q75
redeemed and the same are hereby called for redemption on
February 15, 2001, at the price of par and accrued interest to the
date of redemption. The City Secretary is hereby authorized and
directed to file a copy of this resolution, together with a
suggested form of notice of redemption to be sent to bondholders,
with Bank One, Texas, N.A., Fort Worth, Texas (successor paying
agent/registrar to Team Bank, Fort Worth, Texas), in accordance
wi th the redemption provisions applicable to such bonds; such
suggested form of notice of redemption being attached hereto as
Exhibit A and incorporated herein by reference as a part of this
resolution for all purposes.
SECTION 2: The certificates of obligation of that series
known as "City of North Richland Hills, Texas, Tax and Waterworks
and Sewer System (Limited Pledge) Revenue Certificates of
Obligation, Series 1992" dated February 1, 1992, maturing in the
years 2004 through 2012, and aggregating in principal amount
$565,000, shall be redeemed and the same are hereby called for
redemption on February 15, 2002, at the price of par and accrued
interest to the date of redemption. The City Secretary is hereby
authorized and directed to file a copy of this resolution,
together with a suggested form of notice of redemption to be sent
to certificateholders, with Bank One, Texas, N.A., Fort Worth,
Texas (successor paying agent/registrar to Team Bank, Fort Worth,
Texas), in accordance with the redemption provisions applicable to
such obligations; such suggested form of notice of redemption
being attached hereto as Exhibit B and incorporated herein by
reference as a part of this resolution for all purposes.
SECTION 3: The bonds of that series known as "City of
North Richland Hills, Texas, General Obligation Improvement Bonds,
Series 1992-A", dated February 1, 1992, maturing in the years 2004
through 2012, and aggregating in principal amount $2,705,000,
shall be redeemed and the same are hereby called for redemption on
February 15, 2002, at the price of par and accrued interest to the
date of redemption. The City Secretary is hereby authorized and
directed to file a copy of this resolution, together with a
suggested form of notice of redemption to be sent to bondholders,
with Bank One, Texas, N.A., Fort Worth, Texas (successor paying
agent/registrar to Team Bank, Fort Worth, Texas), in accordance
wi th the redemption provisions applicable to such bonds; such
suggested form of notice of redemption being attached hereto as
Exhibit C and incorporated herein by reference as a part of this
resolution for all purposes.
SECTION 4: The redemption of the obligations described
above being associated with the advance refunding of such
obligations, the approval, authorization and arrangements herein
given and provided for the redemption of such obligations on the
redemption dates designated therefor and in the manner provided
045807~
-2-
shall be irrevocable upon the issuance and delivery of the "City
of North Richland Hills, Texas, General Obligation Refunding
Bonds, Series 1997", dated September 1, 1997; and the City
Secretary is hereby authorized and directed to make all
arrangements necessary to notify the holders of such obligations
of the City's decision to redeem such obligations on the dates and
in the manner herein provided and in accordance with the
ordinances authorizing the issuance of the obligations.
PASSED AND ADOPTED, this September 8, 1997.
CITY OF NORTH RICHLAND HILLS, TEXAS
ATTEST:
Mayor
City Secretary
(City Seal)
04.5S07~
-3-
EXHIBIT A
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION BONDS
SERIES 1991
DATED FEBRUARY 1, 1991
NOTICE IS HEREBY GIVEN that all bonds of the above series
maturing on and after February 15, 2003 and aggregating in
principal amount $1,725,000 have been called for redemption on
February 15, 2001 at the redemption price of par and accrued
interest to the date of redemption, such bonds being identified as
follows:
Year of
Maturity
Principal Amount
Outstandinq
2003
2004
2005
2006
2007
2008
2009
2010
2011
$150,000
150,000
175,000
175,000
200,000
200,000
225,000
225,000
225,000
ALL SUCH BONDS shall become due and payable on February 15,
2001, and interest thereon shall cease to accrue from and after
said redemption date and payment of the redemption price of said
bonds shall be paid to the registered owners of the bonds only
upon presentation and surrender of such bonds to Bank One, Texas,
N.A., Fort Worth, Texas (successor paying agent/registrar to Team
Bank, Fort Worth, Texas).
THIS NOTICE is issued and given pursuant to the terms and
conditions prescribed for the redemption of said bonds and
pursuant to a resolution by the City Council of the City of North
Richland Hills, Texas.
BANK ONE, TEXAS, N.A.,
Fort Worth, Texas,
as Paying Agent/Registrar
Address: 500 Throckmorton, Suite 704
Fort Worth, Texas 76102
04M07~
EXHIBIT B
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION
SERIES 1992
DATED FEBRUARY 1, 1992
NOTICE IS HEREBY GIVEN that all certificates of the above
series maturing on and after February 15, 2004 and aggregating in
principal amount $565,000 have been called for redemption on
February 15, 2002 at the redemption price of par and accrued
interest to the date of redemption, such certificates being
identified as follows:
Year of
Maturity
Principal Amount
Outstandinq
2004
2005
2006
2007
2008
2009
2010
2011
2012
$ 50,000
50,000
55,000
60,000
60,000
65,000
70,000
75,000
80,000
ALL SUCH CERTIFICATES shall become due and payable on
February 15, 2002, and interest thereon shall cease to accrue from
and after said redemption date and payment of the redemption price
of said certificates shall be paid to the registered owners of the
obligations only upon presentation and surrender of such
certificates to Bank One, Texas, N.A., Fort Worth, Texas
(successor paying agent/registrar to Team Bank, Fort Worth,
Texas).
THIS NOTICE is issued and given pursuant to the terms and
conditions prescribed for the redemption of said certificates and
pursuant to a resolution by the City Council of the City of North
Richland Hills, Texas.
BANK ONE, TEXAS, N.A.,
Fort Worth, Texas,
as Paying Agent/Registrar
Address: 500 Throckmorton, Suite 704
Fort Worth, Texas 76102
0458075
EXHIBIT C
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION IMPROVEMENT BONDS
SERIES 1992-A
DATED FEBRUARY 1, 1992
NOTICE IS HEREBY GIVEN that all bonds of the above series
maturing on and after February 15, 2004 and aggregating in
principal amount $2,705,000 have been called for redemption on
February 15, 2002 at the redemption price of par and accrued
interest to the date of redemption, such bonds being identified as
follows:
Year of
Maturity
Principal Amount
Outstandinq
2004
2005
2006
2007
2008
2009
2010
2011
2012
$230,000
245,000
260,000
275,000
295,000
315,000
340,000
360,000
385,000
ALL SUCH BONDS shall become due and payable on February 15,
2002, and interest thereon shall cease to accrue from and after
said redemption date and payment of the redemption price of said
bonds shall be paid to the registered owners of the bonds only
upon presentation and surrender of such bonds to Bank One, Texas,
N.A., Fort Worth, Texas (successor paying agent/registrar to Team
Bank, Fort Worth, Texas).
THIS NOTICE is issued and given pursuant to the terms and
conditions prescribed for the redemption of said bonds and
pursuant to a resolution by the City Council of the City of North
Richland Hills, Texas.
BANK ONE, TEXAS, N.A.,
Fort Worth, Texas,
as Paying Agent/Registrar
Address: 500 Throckmorton, Suite 704
Fort Worth, Texas 76102
04.58075
"
'c
.
c
"
"'.,.,
l
, Department: Finance
'--
Subject: Public Hearina on Proposed 1997/98 Budget
Council Meeting Date: 9/8/97
Agenda Number: GN 97-93
The budget work session on the proposed 1997/98 budget was held August 1-3, 1997 for City Council
and City Staff. At this work session, City Council reviewed the operating funds budget, the capital project
funds budget, and the budgets for the Crime Control District and the Park & Recreation Facilities
Development Fund. Subsequent to this session, the changes City Council has requested have been
included in the 1996/97 Revised Budget and the 1997/98 Proposed Budget. These changes include the
addition of a Municipal Court administrative clerk with a portion of the costs offset by a decrease in
overtime and an imaging media storage system for the City Secretary's central records facility.
There is also an increase in General Fund Revenue from a Municipal Court Security Fee of $19,500.
Two items are proposed to be added using these funds: a part-time bailiff for $14,000 and a security
camera for the courtroom for $1,400.
The 1997/98 Proposed Annual Operating Budget for all operating funds totals $58, 161,286. The General
Fund Budget totals $22,062,909. The second largest operating fund is the Utility Fund, and its proposed
budget for 1997/98 is $16,282,278. The General Debt Service Fund totals $6,395,277. The proposed
budget for the Aquatic Park is $2,792,912 and the proposed budget for the Park & Recreation Facilities
')evelopment Fund is $3,797,847. The Crime Control & Prevention District proposed budget for 1997/98
'-IS $3,421,600. The 1997/98 proposed Capital Projects Budget totals $21,439,045. The Golf Course
budget for 1997/98 totals $2,153,515 and includes proposed rate increases for resident fees for the first
time since 1995.
The 1997/98 Proposed Budget is based on continuing the 57 cent tax rate for the fifth year. The notice
of public hearing has been published in accordance with the City Charter requirements. The proposed
budget document was filed with the City Secretary for public viewing on August 18, 1997.
Recommendation:
In order to obtain the maximum input of the citizens on the proposed budget, it is suggested that the
public hearing be opened and public comment permitted.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
~. Other
I ' ~ If:::::H:.d Signature
, CITY COUNCIL ACTION
FINlllce Director
Page 1 of
CITY OF N*RTH RICHLAND HILLS
Office of the City Manager
September 8,1997
Honorable Mayor and Members of the City Council
City of North Richland Hills
North Richland Hills, Texas
Pursuant to the requirements of the North Richland Hills City Charter and the Civil
Statutes of Texas, the budget for the 1997-98 fiscal year is herein submitted. This
proposed budget is a means of presenting in financial terms the overall plans for
accomplishing municipal objectives during the forthcoming year.
All operations have been carefully monitored throughout the year, and it is
management's opinion that the budget requests for continued municipal operations are
reasonable and realistic. The proposed budget for fiscal year 1997-98 primarily
provides funding for the current level of quality services to our citizens. It also
emphasizes and implements City Council priorities for new and improved services,
complies with mandatory requirements of federal and state agencies, and provides
maintenance and timely renovation of the City's infrastructure and facilities.
The following provides an overview of the current 1996-97 fiscal year and revenues
and expenditures for 1997-98.
OVERVIEW OF REVISED 1996-97 REVENUES AND EXPENDITURES
As is part of the normal annual budget process, some areas of the 1996-97 budget
require revision from their original adopted level. The more important of these revisions
are explained in the following narrative.
Total General Fund revenues have been revised downward by $112,074 from the
adopted level of $20,899,784 to $20,787,710 for a percentage reduction of less than
one percent. Levels of expenditures in the General Fund have been revised to
$20,763,905.
1
P.O. Box 820609· North Richland Hills. Texas. 76182-0609
7301 Northeast Loop 820· 817-581-5504. FAX 817-581-5516
Franchise Fees, the charges to utility companies for the use of City right of ways, are
estimated to exceed adopted budget levels by $86,000. This represents a 6% increase
over fees actually collected in 1996.
Sales tax revenues for the end of the year are also a material part of overall lower tax
revenues, having been revised downward by $257,087. The revised budget target of
$6,950,000 is 3% above actual 1996 collections of $6,738,239.
Fines and Forfeitures have been revised upward by $118,100 to $878,800. The major
reason for this revenue increase is an improvement in the warrant collection process.
While licenses and permit revenues related to building construction and renovation are
anticipated to be below the adopted budget level by nearly $70,000, the picture could
improve as building activity increases.
General Fund Expenditures will finish approximately $75,000 under the adopted level of
$20,838,704. Departments have done a good job of managing expenditures and
saving where possible. Based on revenue and expenditure estimates we will finish
fiscal year 1997 with a balanced budget.
Other operations of the City should also finish in a positive position for fiscal year 1996-
97.
Water and sewer operations will finish with revenues estimated to be about $200,000
over expenditures. For the second year this fund will also set aside $300,000 for rate
stabilization in anticipation of the end of the Watauga contract in 1999.
In spite of the wet weather which has caused the park to close during what would have
been some of the most lucrative days of the season, the Aquatic Park Enterprise should
be able to add nearly $400,000 to reserves for future infrastructure repairs.
The Crime Control District will add $292,383 to the reserve for transition and also set
aside $662,000 toward the Public Safety Computer System approved in the 1996-97
budget as part of the Computer Upgrade Plan.
The Park and Recreation Facilities Development Fund should be able to add over $1.3
million to its reserve for planned park and recreation projects.
11
1997 -98 GOALS AND PRIORITIES
For the last several years the City Council has informally stated goals and priorities for
the City organization to follow in providing services for the citizens of North Richland
Hills. The City staff has adopted those goals and priorities in an effort to develop and
implement the types and quality of services Council and citizens expect and demand.
Our staff is committed to providing and protecting an enhanced quality of life for our
community. This will be accomplished by providing exemplary services, unconditional
commitment and marked accountability. For fiscal year 1997-98 the departmental
budgets have been developed using these goals and priorities:
To expand QUALITY SERVICE MANAGEMENT to the City's highest potential.
(Our emphasis is to provide excellence in service to the public. We will
continuously evaluate more efficient and effective ways to provide excellent
public services).
To provide and plan for INFRASTRUCTURE AND DEVELOPMENT SERVICES.
(Our goal is to anticipate and plan for future needs through the continuous
process of assessment and evaluation of infrastructure needs, high quality
inspection and planning services, and implementing capital improvements to
meet these needs.)
To continue the expansion and emphasis of ECONOMIC DEVELOPMENT
activities for the City of North Richland Hills. (This objective is to protect and
support the existing business base while promoting future development of the
City through a comprehensive economic development plan, by continuing
encouragement of growth, and a "can do" customer service approach.)
To improve and enhance the QUALITY OF LIFE for North Richland Hills
residents. (Focus will be given to the enrichment of community services,
recreational services, cultural and leisure activities, and quality housing and
community development.)
To continue to place emphasis on PUBLIC SAFETY issues in our community.
(This goal is to continue to make our community a better place by providing
responsive public services to ensure a safe, healthy community for the citizens of
North Richland Hills.)
To provide ACCOUNTABILITY at all levels of our organization. (By listening and
responding to our citizens, we can strive to fulfill the community's needs and
expectations with open and honest communications.)
111
Again, these goals have been developed after listening to a consensus of Council
desires, goals and visions for our community. These goals have been the basis of
development of our budget and various objectives have been prepared to address each
of these in each department of the City organization.
1997-98 BUDGET HIGHLIGHTS AND PROGRAM OF SERVICE ENHANCEMENTS
In order to live up to the theme statement of "Investing in Our Community" a number of
innovative, rewarding, and proactive programs based on City Council's direction
regarding goals and priorities are included in the 1997-98 budget. This package of
service delivery programs has been assembled by City staff with Council's most
important goals in mind at all times, as described earlier in this letter. Several of the
highest profile service enhancements and new programs are described in the following
narrative.
Continuing Support for Street Maintenance - The sixth consecutive year of major
funding for the street overlay program will see $400,000 devoted to this highly visible
program. This is an increase of 15 percent over 1996-97 funds of $350,000 dedicated
to this program, and demonstrates the commitment of City Council and management to
this vital service. Citizens can expect to see 20 lane miles of public roads restored to
first class condition through the use of the overlay process.
Library Long Range Plan & Storage Capacity Expansion - Since the Library was
purchased in 1986, over two million patrons have used its services. This is an average
of nearly 200,000 users per year and growing. Not only does the existing structure
need some improvements such as replacing carpet and lighting, but also there is critical
need to plan for the continuing growth in Library usage. In the 1997-98 budget, staff
has included programs to replace carpet and lighting (in the Capital Improvements
Budget) as well as expanding shelf capacity by 25%, adding space for 9,000 more
volumes. This shelf space expansion is anticipated to cost $47,750. An additional
service enhancement will develop a plan for Library services in our growing community.
Funds in the amount of $20,000 are requested for professional fees for facilities
planners, architects and engineers needed to develop reliable data to guide crucial
decisions needed for long range planning.
Expanded Park Maintenance - Park capacity has grown to over 500 acres city-wide and
we will add over 30 acres in 1997 and 1998. Park expansion includes such projects as
North Electric Trail, Walkers Creek Park, Mullendore Elementary and Thornbridge
Neighborhood Park. Because of expanding needs, the park maintenance function is
being augmented with the addition of three full time maintenance workers and three
lV
seasonal maintenance workers for summer months and a landscape architect. In
addition, two reel mowers, and a maintenance utility vehicle are included.
These maintenance workers will enable the City to properly maintain recently
constructed parks, multi-use trails and associated acreage, the new Tennis Center, and
athletic fields. Funding in the amount of $138,384 is proposed from the Park and
Recreation Sales Tax Fund as part of the original plan.
Expanded Public Safety Operations - This is the second year of the Crime Control and
Prevention District funded through a ~¢ sales tax approved by the voters. The City
has budgeted $3,343,600 to supplement the capabilities of the City's Police
Department. Included for this fiscal year will be the addition of nine employees as
planned in the original two year budget. The additions will include seven police officers
in patrol at a cost in fiscal year 1997-98 of $126,100 and two detectives at a cost of
$21,516. These employees will be hired in at various points of the fiscal year and will
not fully impact the budget this coming year. Because of the very real possibility that
funding for these additions may not be reaffirmed at the polls in four years,
management is proposing to continue reserving transition funds to avoid any negative
impact that may then occur. The transition fund is planned to increase by $600,000 for
fiscal year 1997/98. The eventual goal of a $3.5 million reserve is part of the long
range plan for the transition fund. Reserves in the amount of $160,000 have also been
set aside for the public safety computer system approved in the 1996-97 budget.
Phase 2 of Computer Upgrade Plan - Phase 2 of the Computer Upgrade Plan calls for
the addition of two System Analysts to administer the installation, implementation and
ongoing maintenance of the new general services and public safety computers and
City-wide network. The plan also shows the need to consolidate and centralize the
operation of the system by adding a computer operator. This enhancement will
increase the efficiency of all mainframe users. All of these positions will be hired at
different times of the year as the systems are implemented. The total cost of these
enhancements for FY 97-98 is $108,000.
Aquatic Park Year Round Sales Representative - At an annual cost of $34,120 the
Aquatic Park proposes to add a year round group sales representative. This position
will be responsible for outside sales calls and visiting new area businesses. This will
also result in better guest service to existing businesses by providing a dedicated
position to work on all group accounts. By soliciting group sales all year rather than just
during the park's open season, it is anticipated that as much as $260,000 in new sales
could be generated.
History Project - To help communicate the heritage of our community, staff is proposing
the funding of the History Project from the fund balance of the Promotional Fund. Cost
v
of printing the books is estimated at $57,000 and will be recouped from book sales over
the next two years.
Equipment Replacement and Building Services Plan - Staff has prepared a long range
equipment replacement and building services plan which addresses the problem of
maintaining the investment the City has in these valuable assets. The plan is currently
designed to fund these needs with no property tax rate increase and will be included in
the Capital Projects Budget.
Improved Building Maintenance at Recreation Center - With the growth of our Park and
Recreation system, maintenance needs are growing as well. Currently, we have one
maintenance worker responsible for cleaning the 41,000 square foot Recreation Center
and Administration facilities. We propose the addition of one part-time building
maintenance worker at an annual cost of $9,208. This addition will increase regular
cleaning and service of the Recreation Center and Administration facilities. In addition,
we propose a $10,000 increase in room rentals and fitness center fees. This is the only
General Fund enhancement being proposed.
Continuation of the City's Merit Based Pay and Classification Plan - Management is
recommending that Council continue to fund the compensation policy adopted in the
1996/97 fiscal year budget in order to maintain an equitable and competitive pay
structure for all City employees.
Support of Alliance for Children's Advocacy Center - Continued funding through the use
of the Yz¢ Crime Control and Prevention Tax at a level of 20¢ per capita, this program
will receive $10,130 in the next budget year. This program reaches out with assistance
to at risk children in the Northeast Tarrant County Community.
Supervisory Control and Data Acquisition System(SCADA) - In April 1997 Certificates of
Obligations were issued to fund $400,000 of the SCADA system approved by City
Council. The SCADA system is used for monitoring and controlling the water and
sanitary sewer systems. An additional $175,000 is proposed from Unspecified Utility
Funds for a total project cost of $575,000. The engineering and design stage of this
project is expected to be completed in three to four months. Construction will
tentatively begin in February 1998 and it is anticipated it will take approximately six
months to complete.
The following service enhancements were added to the budget by City Council during
the budget work session held August 1-3, 1997:
Updates to Pennanent Record Storage Media - Funding for an electronic scanning
system to CD ROM will provide a more efficient media for record retrieval, and improve
VI
management and retrieval of permanent city records. This storage media will also
improve the service to other city departments and the public. The funding included for
this project is $16,000 in the City Secretary's budget.
MuniciPal Court Personnel - In an effort to decrease the overtime costs in the Municipal
Court, an administrative clerk position is being funded. The total cost of the clerical
position is $23,653; however, the cost will be offset by decreasing the overtime and
part-time salary accounts by 50%. This decrease amounts to $7,960, for a net cost
increase of $15,693 to fund the clerical position. This clerk will help the court meet the
schedules and demands of the court required by law.
MuniciPal Court Security - In September 1996, City Council approved an ordinance
allowing the Municipal Court to begin collecting a Security fee for certain non-
dismissable citations. The fee is $3 per citation and under state law can only be used
for specific security related items. Based on revenues received from this Security fee,
the Municipal Court is adding a part-time bailiff and a security camera for the courtroom.
The revenues budgeted in 1997-98 are $19,500 and the expense for a part-time bailiff
are estimated at $14,100 with $1,400 for the security camera. Revenues from this
security fee more than cover the added items for the Municipal Court.
PROPOSED 1997 -98 OPERATING BUDGET
The proposed 1997-98 budget is divided into several components. The first section is
the General Fund, which consists of the tax supported operations of the City. The
second is the Enterprise Funds, which include the water, sewer, golf course, and water
park operations. The Internal Service Funds are next and include departments that
provide services to other City departments: Equipment Maintenance, Building Services,
Self-Insurance, and Information Services. The Special Revenue Funds are included in
the next section and include the Park and Recreation Facilities Development Fund, the
Crime Control District and the Promotional I Economic Development Fund. Other
Miscellaneous Funds are also included.
vii
GENERAL FUND
A. Projected Revenues for 1997-98
Revenues for next year are
projected at $22,090,841, an
increase of six percent or
$1 ,303,131 above the estimated
levels for the Revised 1996-97
Budget. The bulk of this increase is
from increased evaluations from
existing property, additions to the
City's property base, and retail sales
activity .
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A summary of anticipated significant revenue increases I (decreases) by major
category for fiscal year 1997-98 follows: (as is charted above)
Property Taxes $450,318 up 8.8%
Sales Taxes $208,500 up 3.0%
Franchise Fees $124,000 up 4.8%
Fines and Forfeitures $147,100 up 16.8%
Licenses and Permits $6,700 up 0.7%
Charges for Services $90,432 up 8.4%
Intergovernmental $254,203 up 11.9%
Miscellaneous Revenue $9,540 up 2.0%
The above described revenues for fiscal year 97-98 result in a six percent total
increase of $1,303,131 to the General Fund above the Revised Estimates for Fiscal
Year 1996-97.
The Tarrant Appraisal District has certified total taxable property values for 1997 at
$1,833,197,816 which represents a 4.3 percent increase over 1996 values. Of this
increase, 71 percent is from new construction and 29 percent is from increased
valuation of existing property. The City is also entering its fifth mutually successful
Vlll
year of tax collection services through a contract with the Tarrant County Tax
Assessor's office.
The forecast for Sales Tax deserves a special note to convey to Council the extreme
level of caution and conservatism upon which the 1997-98 estimate is based. The
three percent increase that is forecast is by far the smallest percentage increase
projected for the past several years (5% in FY97; 9.5% in FY96: and 10.0% in
FY95). The State Comptroller's official estimate statewide for 1997-98 is a four
percent increase. Because of continuing concerns about the impact of the IH820
interchange construction and the pending construction on Rufe Snow Drive, this
conservative estimate is used.
The only remaining material and truly significant increase in revenues for the
General Fund lies in the Intergovernmental transfers from the Crime Control and
Prevention District (CCD) Fund to pay for $256,233 to fund salary increases of
police personnel presently employed by the City. The 1996 election was based on
the General Fund portion of the Police Department budget remaining at the adopted
1995-96 level and any increases being reimbursed from this ~ø Crime Tax
revenues.
Other general categories of revenue are predicted to continue in the next year
without any significant changes. In all cases, management has tried to apply the
proper level of conservatism and caution that is prudent and necessary to the
process of estimating revenues.
B. Proposed Expenditures
The proposed General Fund Budget for next fiscal year is one which maintains the
current level of service with the exception of service improvements that have already
been described earlier in this letter. The proposed budget is based upon
maintaining the current tax rate of 57 ¢ per one hundred dollars of assessed
valuation for the fifth consecutive year. The total proposed budget is recommended
at $22,062,909, which represents a six percent increase of $1,299,004 above the
revised 1996-97 budget. The following table is a listing of material budget increases
for the General Fund.
Proposed Increase in Recreation Center
Room Rentals and Fitness Center Fees
$ (10,000)
Part time Building Maintenance
Worker at Recreation Center
$ 9,206
IX
Municipal Court Security
$ 31 ,193
Equipment Replacement and
Maintenance
$ 49,438
Health & Workers Compensation
Insurance
Phase II of Computer Upgrade Plan
$ 50,000
$ 52,777
$ 80,000
$ 241,597
$ 305,000
Operating Supplies & Maintenance
Texas Municipal Retirement System
Continuation of Comprehensive Pay Plan
C. City Council Contingency Reserve
Recognizing the reality that a budget at best can only try to anticipate the many
needs that may occur in the upcoming year, the Council Contingency Reserve
continues to be funded at a level comparable to the past several years. Budgeted at
$65,800 for 1997-98 this amount is set aside for use at Council's discretion for
special requirements that may occur.
D. Debt Service ReQuirements
The debt service portion of the tax rate is the amount required to meet principal and
interest payments on outstanding General Obligation Bonds and Certificates of
Obligation. Total General Debt Service expenditures for 1997-98 are $6,395,277
which is a 10% increase of $583,655 over the current year. More detailed
information on debt service can be found in the Debt Service Fund section of the
proposed budget document along with charts that visually communicate the City's
debt service requirements through future years.
E. Ending Balance for 1997-98
The proposed ending balance estimated for the General Fund at September 30,
1998 is set at $27,932. This represents an amount that could be used at the
discretion of City Councilor left as is to act as a minimal safety net in the event that
x
the City experiences a minor shortfall in revenues next year or if an unexpected
expenditure becomes necessary.
ENTERPRISE FUNDS
A. Utility Fund - Water and Sewer
The Water and Sewer Utility Fund is projected to have a September 30, 1997
ending fund balance of $203,552. The ending balance for the proposed fiscal year
1997/98 is $19,168.
Management would like to recommend another year for a specific reserve for rate
stabilization. For the third year, it is recommended that $300,000 be set aside as a
"Rate Stabilization Reserve." This reserve should continue to be accumulated on an
annual basis until at least the end of the 1998-99 fiscal year. At this time, final
separation of the system would be accomplished in accordance with the terms of the
sale agreement.
Other material items that are affected in the 1997-98 budget for the water and sewer
fund include:
Decreased Water Purchase Costs $(118,000)
Increased Sewer Service Costs $ 196,000
Continuation of Comprehensive Pay Plan $ 110,000
Health Insurance Costs $ 11,718
Electricity Costs $ 10,000
Franchise Fees and Payment in Lieu of Taxes $ 21,300
Building Maintenance Costs Increase $ 50,000
Telephone & Computer Costs - Phase /I $ 82,000
Increased Costs for Equipment Replacement &
Maintenance
$ 74,000
Xl
._--~-~--------_.~_._-----~-------~--
The sale of revenue bonds is anticipated during the 1997-98 fiscal year. Nearly
$3,000,000 in currently unfunded water and sewer capital projects are needed either
to maintain the system or relocate water and sewer lines associated with street
reconstruction projects such as Rufe Snow. The first debt payment on these bonds
will not be due until the 1998-99 fiscal year and as such, no rate increases for the
added debt expense are needed in the 1997-98 fiscal year. Rates will continue to
be adjusted in accordance with the pass through ordinance for increases in rates
from Fort Worth and Trinity River Authority.
B. Aquatic Park Enterprise Fund
The fourth year of operations for the Aquatic Park anticipates revenues of
$2,792,912 for 1997-98. This is an approximate increase of $636,000 over the
current revised budget of $2,157,029.
The increase in sales is partially attributed to the anticipation of a better weather
year next year and the proposed addition of a year round Group Sales
Representative. The Group Sales Representative could bring in over $260,000 in
new sales as described earlier. The Park's profit is estimated to be nearly $900,000
in 1997-98. Management proposes to put this profit back into the Park for major
infrastructure repairs and the reserves for future park expansion. In order to do this,
no transfer to the Park Development Fund Capital Projects will be made in 1997-98.
C. Golf Course
The proposed Iron Horse Golf Course budget has been submitted by EAGL and
reviewed by City management and City Council. The proposed budget for 1997/98
totals $2,153,515. Along with a significant increase proposed in the green fee
structure, there is a proposed increase in resident fees for the first time since 1995.
These increases in fees will offset the cost of additional course maintenance caused
by the heavy rains this past spring, and additional debt service costs. For the fiscal
year 1996/97 revenues are above budget and expenses are below the forecasted
amounts.
INTERNAL SERVICE FUNDS
A. Support Services Fund
The Support Services Fund consists of the Building and Vehicle Maintenance
Departments. This fund is an Internal Service Fund and as such, allocates its cost
to the user departments of the General, Utility, and other funds.
xu
The proposed budget for 1997-98 for both Equipment Services and Building
Services is $3,184,532, which is an $83,389 decrease from the previous year.
The City has made a major investment in major equipment and facilities to provide
public works, parks, recreation, library, public safety and other services to its
citizens. As discussed at the mid-year review the value of pickups, heavy
equipment and fire and ambulance equipment is currently estimated at 7.2 million
with an average age of over eight years. City buildings totaling over 275,000 square
feet are valued at over $21 million dollars and average over 13 years of age.
Facilities and equipment are heavily used as illustrated by the fact that the Library
has had more than 2 million users pass through its doors since it was purchased in
1986. In an attempt to protect this investment, staff has prepared a multi-year plan
based on an equipment replacement schedule and an assessment of major
buildings, heating and air conditioning systems, carpet replacement, lighting
replacement and other needs. The plan identifies about $7.5 million in major
equipment replacements and $3.3 million in building services needs over the next
11 years. The plan proposes to fund this program without a property tax increase
through a combination of using existing General Fund balances, debt financing and
increased charges to user departments. The plan is included in the Capital Projects
Budget, and we believe it is sound business practice to protect the investment the
City has made in major programs which yield a real return to our citizens.
No additional personnel or other service enhancements are recommended for the
Support Services Fund.
B. Self-Insurance Fund
The Self-Insurance Fund proposed budget for 1997-98 is $3,556,955, which is a 4%
increase over 1996-97. Since this is also an Internal Service Fund, insurance costs
are charged to other funds of the City. Employee dependent insurance payments
are also included in the revenues. With rising insurance costs for claims and
prescription costs, this budget includes a 5% increase in the departmental allocation
to this fund, and a $10 per month increase to employees.
As in the past, one of the major objectives for 1997-98 is to continue building
reserves for future insurance claims. In the past few years the City experienced
some extraordinary medical claims and had to use reserves to cover costs. We
need to continue to restore reserves to an adequate level. In 1997-98 it is proposed
that the reserve be budgeted at $393,827.
xiii
C. Information Services Fund
The Information Services Fund consists of both telecommunications and computer
services operations. This fund is also an Internal Services Fund and allocates costs
to user departments of the General, Utility, and other City Funds.
The proposed budget for Information Services for 1997-98 is $2,159,125. Increases
in costs are related to the implementation of Phase II of the computer five year plan.
During the 1996-97 year the City sold certificates of obligation to purchase a general
services and library computer system. The 1997 -98 budget reflects costs
associated with the debt, which is nearly $225,000 in 1997-98, and implementation
of this system. Other costs included in 1997 -98 are related to the city-wide
computers network, and maintenance and replacement of personal computers.
Service enhancements proposed for the Information Services Fund in 1997 -98
include the additional staff originally proposed in the Computer 5 Year Plan. Two
system analysts are being proposed, one full year and one at mid year for $90,671.
A Computer Operator position is also proposed for funding in January 1998 for
$16,988.
PARK AND RECREATION FACILITIES DEVELOPMENT FUND
The 1997-98 fiscal year will be the fifth full year of operation of the Park and Recreation
Facilities Development Fund. The proposed budget is $3,832,388. Projected revenues
from sales tax are based on the same conservative estimates used for the General
Fund.
The Reserve for Capital Projects items in this budget, accumulates funds from sales
taxes to be transferred to the Capital Projects Fund. These funds are included in the
five year Capital Improvements Program as specific projects and are reviewed and
approved by City Council. The Capital Projects will be discussed in a separate section
of the budget.
One program enhancement is recommended for the Park and Recreation Development
Fund in order to continue adequately maintaining new and existing park land that is
being acquired and developed during this next fiscal year. This service enhancement
was discussed previously in this letter. To recap, the recommendation is:
Three seasonal maintenance workers
$79,184
$11,377
Three full time maintenance workers
XIV
One Maintenance Utility Vehicle and
two reel mowers
$16,000
Landscape Architect
$31,823
If these service enhancements are approved by City Council, sufficient funds will still be
available to finance the capital projects from cash reserves that have been proposed in
the five year Capital Improvements Program for park and recreation facilities.
CRIME CONTROL AND PREVENTION DISTRICT
In February 1996 the Citizens of North Richland Hills voted to approve the half-cent
sales tax increase to establish a Crime Control and Prevention District for a period of
five years.
This district is governed by a seven member Board of Directors. The one-half cent
sales tax funds are earmarked exclusively for "statute defined" crime control projects
and programs. The sales tax was effective July 1, 1996. A transition fund has been
established to reserve funds for the continuation of the programs and services if a
continuation referendum is not passed at the end of the five year period. The 1997/98
proposed budget amounts to $3,421,600. As stated earlier, the reserve fund will be
increased by $600,000 in 1997-98 and nine new positions will be added including
seven patrol officers and two detectives at a total cost of about $148,000.
PROMOTIONAL / ECONOMIC DEVELOPMENT FUND
The purpose of the Promotional/ Economic Development Fund is to promote tourism
and attract new industry to the City of North Richland Hills. The Promotional/
Economic Development Fund received the Hotel/Motel Occupancy Tax collected by all
motels in the City.
Revenues are budgeted at $363,700 for fiscal year 1997-98. This is an increase of
approximately $48,000 over the 1996-97 revised revenues of $315,125. This increase
in revenues represents growth in business by existing hotels and motels. The revenues
include an appropriation of fund balance for the funding of the History Project printing
which is anticipated to cost $57,000. Proceeds from the sale of the History Book will be
deposited back in to the Promotional Fund to recover the appropriation. Total
expenditures for this fund are budgeted at $363,700 for fiscal year 1997-98 .
xv
-~-----~--~---_.-
Another project being considered using hotel/ motel tax revenues is the addition of a
meeting room at Iron Horse Golf Course. The feasibility of this project will be explored
in 1997-98.
MISCELLANEOUS FUNDS
Several other funds are included in the detailed information of the budget document;
these include the Donations Fund, Special Investigations Fund and the Drainage/Utility
Fund. Each of these is important, but they do not contain budgetary amounts of a
material nature in respect to the major funds that have been reviewed in this letter.
Management is prepared to review any of these other funds at the direction of Council.
PERSONNEL SYSTEM IMPROVEMENTS FOR 1997-98
This budget contains the continuation of the Merit Compensation Plan adopted in
1996/97. The plan includes a provision to help keep all employee's salaries current and
competitive by adjusting ranges annually based on a survey of 13 cities and reviewing
the consumer price index. The average change would be submitted to Council for
approval in January 1998. It is estimated this market change will be about 1.75
percent, therefore this is the amount included in the proposed 1997-98 budget.
As a continuation of that process management is offering these recommendations with
the intent of achieving the following specific goals that have been developed in
conjunction with the desires of the City Council:
1. Maintain an adequate salary for different occupations that will be
competitive with the area market and thereby attract the very best
employees in the first place
2. Reduce employee turnover
3. Be fair and equitable to employees performing the same duties and
having approximately the same level of experience and skills
4. Create and maintain a compensation plan that is fiscally responsible that
the City can afford.
XVI
PROPOSED FINANCING FOR FISCAL YEAR 1997-98
Management has adopted a more cautious attitude with regard to the projection of
variable revenue sources that may be affected by general economic trends or local
phenomena such as the continuing construction activity at the IH820 interchange
project. Nonetheless, we are still very optimistic about the future and are confident that
the budget presented herein is based on reasonable data that has been carefully
examined at several phases during budget preparation process. Our community
continues to experience moderate economic and population growth that is in keeping
with or ahead of general trends in the Northeast Tarrant County area. The level of
services provided by the funding in this budget will allow us to continue to progress
toward the accomplishment of Council goals and priorities. At the same time, we will
also be able to continue performing the vital stewardship role of maintaining the quality
infrastructure that we have created in the past.
The proposed financing for 1997-98 is based on maintaining the current tax rate of 57¢
per $100 of taxable property value. Except for the increase in room rentals at the
Recreation Center and Fitness Center fees mentioned earlier, management proposes
no other fee increases in 1997-98.
SUMMARY AND CONCLUSION
This plan of services is the end result of several months of the coordinated efforts of a
great many key personnel who are part of the City staff. It has its beginnings with the
input of various managers and staff at the front lines of our operations who are closest
to the challenges faced on a daily basis to provide quality service to our citizens. This
information is collected, examined, refined and then submitted by the various
Department Heads to the Budget Office. The Budget Office staff then has the immense
task of fitting all the pieces together in a coherent manner that can be understood and
reviewed in summary and detail fashion by City Management. They have all done a
superlative job this year as I knew they would and I am grateful for their hard work and
dedication.
I also wish to thank Council for their exceptional efforts to communicate to management
their priorities and vision for the future of our wonderful city. It is offered in the hope
XVll
that it is an accurate reflection of Council's direction in every respect and will serve as a
road map leading us on to another successful year for the City of North Richland Hills.
Respectfully submitted,
~~~.
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Larry J. nningham
City Manager
LJC/po
xviii
Budget Summaries
NRH
The City of Choice
-1-
NRH
-2-
The City of Choice
. :1 TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 1 - SUMMARY OF REVENUES AND EXPENDITURES
GENERAL FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
REVENU_E_S
Taxes $14,395,000 $14,600,886 515,514,008 515,331,333 $16,126.489
Fines & Forfeitures 747.463 1,027,945 757,700 875,800 1,022,900
Licenses & Permits 856,824 1,018,293 1,008,599 941,600 948,300
Charges for Service 907,205 1,091,883 1,097,252 1,075,692 1,166,124
Intergovernmental 1,399,526 1.488,517 2,134,361 2,134,361 2,388,564
Miscellaneous 342,795 393,510 387,864 428,924 428,464
Service Enhancements 0 0 0 0 10,000
TOTAL REVENUES 518,648,813 $19,621,034 520,899,784 $20,787,710 522.090,841
EXE:EHDJIUBE$
City Council 574,354 5100,978 5108,343 $114,168 $136,526
City Manager 355,123 376,607 367,329 380,333 398,365
Public Information 0 0 40,000 0 30,000 :1
City Secretary 280,309 304,400 312,809 312,809 387,045
Legal 124,896 146.412 149,884 149,884 155,139
Human Resources 35,105 53,746 59,269 59,269 68,583
Finance 502,606 563,654 649,997 646,178 701,995
Citicable 143,526 173,782 177,558 192,558 202,384
MIS 385,081 0 0 0 0
Municipal Court 473,843 578,612 643,630 645,015 736,743
Planning/Inspections 557,294 570,738 721,932 673.471 718,237
Library 798,277 912,590 1,006,357 1,007,647 1,050,673
Environmental Services 479,397 584,700 652,003 651,699 696.943
Public Works 1,928,182 1,958,933 2,259,378 2,268,569 2,408,730
Parks & Recreation 1,188,624 1,397,939 1,533,363 1,538,671 1.629,482
Police 5,324.477 5,863,609 6,234,692 6,207,968 6,555,425
Fire 3,835,606 4,245,365 4,727,177 4,727,657 5,075,774
Building Services 587,504 579,504 608.479 608.479 608,479
Non-Departmental 1,384,504 327,891 586,504 579,530 493,178
Service Enhancements 0 0 0 0 9,208
----
TOTAL EXPENDITURES $18,458,708 518,739.46º- 520,838,704 .$20,763,905 $22,062,909
BALANCE . _,=?J,~Oò'!'Q~_ _ ,,-~~ê.êl-, ?l~ _ 5g1,080 523 805 _$2~2_ ."
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09/04/97 07:28 AM
TENT A TIVE
FISCAL YEAR 1997-98
SCHEDULE 2 - SUMMARY OF REVENUES
GENERAL FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
IAXE_S
Current Property Taxes 54.464,752 $4,690,082 55,114,171 55,114,171 $5,564,489
Delinquent Property Taxes 103,864 22,158 80,000 80,000 70,000
Penalty and Interest 68,883 36,219 48,000 25,000 30,000
Franchise Fees 2,576,331 2.436,000 2.496,000 2,582,000 2,706,000
Utility Fund Franchise Taxes 329.419 379,294 267,750 273,000 278,500
Sales Taxes 6,569,755 6,738,239 7,207,087 6,950,000 7,158,500
Mixed Beverages 94,694 94,062 96,000 96,000 98,000
Payment in Lieu of Taxes 187,302 204,832 205,000 211,162 221,000
TOTAL TAXES $14,395,000 $14,600,886 515,514,008 515,331,333 $16,126,489
FI~E,s~D£OREEllUBES
Municipal Court Fines $580,510 $775,791 $581,900 $640,000 $796,400
Library Fines 42,695 44,528 45,800 45,800 46,500
Warrant Fees 124,258 207,626 130,000 190,000 180,000
TOTAL FINES AND
FORFEITURES 5747.463 $1,027,945 5757,700 5875,800 $1,022,900
LIÇENS£,s_AND.E,EBMITS
Miscellaneous Permits 5123,927 5129,837 5132,000 5133,000 $137,500
Building Permits 300,706 398,366 400,000 350,000 350,000
Electrical Permits 56,130 58,281 58,000 45,000 59,000
Plumbing Permits 44,177 55,704 50,000 35,000 46,000 I
Curb & Drainage Insp. Fees 39,882 59,672 35,000 65,000 35,000
Re-Inspection Fees 3,557 3,770 3,500 2,000 2,000
License Fees 9,685 9,135 9,600 10,000 10,000
Contractor Registration Fees 62,315 63,005 60,000 57,000 60,000
Animal License/Adoption Fees 17,914 15,860 20,700 18,200 21,200
Animal Control Impoundment 37,464 43,834 46,000 46,000 47,000
Crematorium Revenues 1 .434 2,345 1,500 2.400 2,500
Auto Impoundment Fees 89.443 98,952 102,000 90,000 90,000
Food Service Permits 55,170 35,740 48,000 48,000 48,000
Food Managers School 10,010 9,170 10,500 9,500 9,500
Fire Inspection Fees 5,01 ° 8,674 6,500 6,500 6,500
Publicity Fees - Recreation 0 25,948 25,299 24.000 24,100
----------- ---- _._----~-- __. - _. - __-"'0 ._."_ "
TOT AL LICENSES! PERMITS 5856.824 51.018.293 51,008,599 5941,600 5948,300
-----~ -.-----.------.-,- ----- -----.------ - -
---------_._._-----
--.---.----..-.----
09/04/97 07:28 AM
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 2 - SUMMARY OF REVENUES
GENERAL FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
CHARG_E.s£OR S_ERVI~E
Park Facility Rental 53,226 54,935 54,500 54,500 54,500
Ambulance Fees 193,015 331.403 340,000 340,000 374,000
Garbage Billing 291,540 287,116 290,000 287,116 300,000
Maps & Codes 1,176 915 1,500 1,000 1,200
Recreation Fees 197,217 206,035 195,650 198,462 210,600
Athletic Revenue 82,800 97,615 85,000 85,000 95,000
Recreation Special Events 0 37,658 56,002 34,314 46,524
Planning & Zoning Fees 16,424 19,617 22,000 22,000 22,000
Sale of Accident Reports 26.432 19,549 22,000 18,000 19,000
Vital Statistics 24,253 31.468 27,000 27,000 35,000
Mowing 24,061 11,930 26,000 25,000 25,000
Non-Resident Library Fees 16,221 14,508 8,000 8,500 8,500
Citicable Sponsorships 2,620 12,334 0 0 0
Video Services Income 16,534 0 5,000 6,000 6,000
Video Tape Sales 2,886 0 5,000 2,000 2,000
SBMS Transmitter Lease 8,800 16,800 9,600 16,800 16,800
TOTAL CHARGES
FOR SERVICE $907,205 51,091,883 51,097,252 $1,075,692 $1,166,124
It~ŒEB.G_O-'lEmlMEfiIAL
Indirect Costs - General CIP $210,000 5210,000 5210,000 $210,000 $210,000
Indirect Costs - Utility Fund 1,025,000 1,025,000 1,025,000 1,025,000 1,025,000
Indirect Costs - Park & Rec,Corp. 164,526 180,882 192,655 192,655 202,610
Indirect Costs - ceo ° 0 352,000 352,000 337,099
Indirect Costs - NRH20 Fund 0 72,635 72,635 72,635 75,551
Direct Cost - General Fund
Police Department Salaries 0 0 282,071 282,071 538,304
TOTAL
INTERGOVERNMENTAL $1,399,526 $1.488,517 $2,134,361 $2,134,361 $2,388,564
MIS,CELLl\~,EO_U_S
Grant Proceeds-Crim. Justice 548,496 $62,833 544,514 $44,514 546,000
Interest Income 241,393 201,510 252,000 260,000 260,500
Sale of City Property 178 44,986 15,000 15,000 11,774
Other Income 26,529 39,688 24,350 26,693 25,350
Sponsorships - TASP 14,742 11 .450 12,000 12,000 12,000
Appropriation - Fund Balance 0 0 0 0 0
Transfer from Donations-Park 0 18,161 0 0 0
Overtime Reimbursements 11.457 14,882 40,000 25,000 25,000
Special Invest. Fund Loan Reimb. 0 0 0 45,717 47,840
-- --- .-.-----.-- ------.. --'-.'---.,-
TOTAL MISCELLANEOUS $342,795 $393,510 ,_~387,864 . $428,924 $428,464
Service Enhancment Revenue $0 SO $0 $0 $10,000
TOTAL REVENUES §1-ªL648,81,:t ,? 1 Uì,~t Q;34_ 2tQt§~~, ?1t4- ~2.ºJ87,710 $22....Q90,841
09/04/97 07:28 AM
TENT A TIVE
FISCAL YEAR 1997-98
SCHEDULE 3 - SUMMARY OF EXPENDITURES
GENERAL FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
Mayor and Council 574,354 5100,978 5108,343 5114,168 5136,526
City Manager 5355,123 $376,607 S367,329 $380,333 $398,365
Public Information SO SO S40,000 SO S30,OOO
City Secretary
Administration 5154,088 $168,639 S158,218 S158,218 $192,152
Public Information 31,942 27,503 31,562 31,562 35,558
Record Retention 94,279 108,258 123,029 123,029 159,335
Total City Secretary $280,309 S304,400 S312,809 S312,809 $387,045
Legal S124,896 $146,412 S149,884 S149,884 5155,139
Human Resources S35, 1 05 S53,746 S59,269 559,269 $68,583
Finance
Accounting & Administration $262,656 $257,443 $312,317 $309,198 $354 ,262
Purchasing 114,153 136,584 145,947 145,947 161,448
Tax 85,376 120,556 134,778 133,454 123,684
Budget 40,421 49,071 56,955 57,579 62,601
-------
Total Finance $502,606 5563,654 $649,997 $646,178 $701,995
Citicable $143,526 5173,782 $177,558 5192,558 $202.384 I
M IS(T elecom/Oata Processing) $385,081 $0 SO $0 $0
---
Municipal Court
Administration $104,934 $125,168 $133,343 $132,143 5144,414
Clerical 191,347 221,307 228,935 228,935 259,437
Warrants 97,350 120,763 167,357 168,842 208,977
Teen Court 23,945 38,344 42,199 43,299 48,475
Judicial 56,267 73,030 71,796 71,796 75,440
------- ------------- --------------- -
Total Municipal Court $473,843 $578,612 S643,630 S645,015 5736,743
---------------- --------------- ------------------ ---------
Planning / Inspection Services
Inspections 503,704 512,759 648,124 603,415 647,861
Planning 53,590 57,979 73,808 70,056 70,376
-------------- ----------------- ----------------- -----
Total Planning / Inspections S557,294 $570,738 $721,932 S673,471 $718,237
----- ------------- ------------- ----- -
.----_.__ ... ________________ _____. 0-'_. _~__ .._._ _____. . -
-_._._-_.__._._-,..._-~---
09/04/97 07:28 AM
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 3 - SUMMARY OF EXPENDITURES
GENERAL FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
----------------- ------------------ ------------------ -------------- ---------------
Library
General Services $116,392 $166,842 $145,393 $146,483 $156,353
Public Services 341.476 396,522 464,389 464,389 465,219
Technical Services 340,409 349,226 396,575 396,775 429,101
---------------- ------------------ ------------------ -----------
Total Library $798,277 $912,590 $1,006,357 $1,007,647 $1,050,673
--------------- ----------------- ------------------ -------------- -----
Environmental Services
Animal Control $362,773 $437,347 $476,441 $476,443 5505,947
Health Inspections 116,624 147,353 175,562 175,256 190,996
-------------- ----------------- ---------------- ------
Total Environmental Services $479,397 $584,700 5652,003 $651,699 5696,943
------------ ----------- ------------- -
Public Works
Administration $138,141 $164,505 $174,055 5173,730 5184,245
Traffic Control 402.162 429.458 497.476 497.476 579.490
Street & Drainage 1,387,879 1,364,970 1,587,847 1,597,363 1,644,995
- ---- ------------- -
Total Public Works 51,928,182 51,958,933 $2,259,378 52,268,569 S2.408,730
-------- ------- ----------- --
Park & Recreation
Administration $75,223 584,637 587,834 $87,834 599,037
Recreation Services 388,884 466,230 508,187 527,778 533,567
Senior Adult Services 68,989 76,412 86,156 86,229 88,734
Athletic Program Services 111,276 125,650 139,192 139,192 154,431
Parks Maintenance 325,886 645,010 711,994 697,638 753,713
Public Grounds Maintenance 218,366 0 0 0 0
--------- -------- -
Total Park & Recreation 51,188,624 51,397,939 51,533.363 $1,538,671 $1.629,482
--------- --------- --------------- -
Police
Administration 5279.470 5308,189 5313,637 $313,637 5336,183
Administrative Services 629,854 740,337 781.970 782,570 844,732
Criminal Investigation 857,752 988,883 1,032,563 1,032,563 1,078,299
Uniform Patrol 2,369,332 2,511,440 2.716,497 2,693,793 2,830,842
Tactical Unit 24,396 13,375 17,876 17,876 27,376
Technical Services 367,662 407.416 424,022 419,402 445,379
Detention Services 280,426 317,717 323.231 323,231 343,390
Vehicle Impoundment 76,389 82,890 92,231 92,231 97,215
Communications 439,196 493,362 532,665 532,665 552,009
----------------- ---------------- ----------------- ---------
T ctal Police $5,324,477 55,863,609 $6,234,692 56,207,968 $6,555,425
-------------- ---------- -----------------
- ----.-.---- -. --.--- --- - . - - -~. -..-----.. ..-.----- ----.. -----.----. _·_____n.______
-~-------- --~----- .-.---- .--.-- ---- ------.---- -.- ------.----- ----....- .----- .---
09/04/97 0729 AM
Fire Department
Administration
Operations
Emergency Medical
Support Services
Fire Inspections
Emergency Management
Total Fire
Building Services
Non-Departmental
Service Enhancements
Part-time Building Maintenance
Staff for Park & Recreation
TOTAL EXPENDITURES
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 3 - SUMMARY OF EXPENDITURES
GENERAL FUND
ADOPTED REVISED REQUESTED ¡I
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
-------------- --------- ----------------- ------------- ----------
5149,273 5157,733 5170,445 5170,445 $205,777
2,938,517 3,307,843 3,695,171 3,714,600 4,029.791
192,008 185,063 230,627 225,679 223,745
266,940 287,665 276,994 262,993 260,111
196,345 198,297 211,615 211,615 213,589
92,523 108,764 142,325 142,325 142,761
-------- ------ -------------- -----------
53,835,606 54,245,365 54,727,177 54,727,657 $5,075,774
---------- ------- ------------ ---------
5579,504 5579,504 5608,479 5608,479 $608,479
-- ------------ -
51,384,504 5327,891 5586,504 5579,530 $493.178
----- --------- ------------- ----
50 50 50 $0 $9.208
$18,450,708 $18,739,460 $20,838,704 520,763,905 $22,062.909
---------- ---------- ---------- ---------- -----------
---------- ---------- ---------- ---------- -----------
09/04/97 07:29 AM
._-~_._--_._._---_.__._-_.--_._._-_.--------
-. . -
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 4 - SUMMARY OF PROPERTY TAX REVENUE AND DISTRIBUTION
NET TAXABLE VALUE:
Total Appraised Value as of July 25, 1997
Less Exemptions:
Disabled Veteran
Over 65
Homestead
Disabled Persons
Less: Indigent Housing Loss
Abatement Value Loss
Personal Property Nominal Value loss
Agricultural Value Loss
Scenic Land Value Loss
Freeport Inventory Value Loss
Pollution Control
$2,054,854,701
Add: Estimated Minimum ARB protested values
:¡
:i
(2,914,813) '¡
I
(61,157,176) ii
(153,078,632) Ii
(5,616,289) II
I'
(300,000) Ii
(644,009) :1
(6,939) II
(6,834,823) I
(366,275) II
(16,206.758) Ii
(11,860) :1
II
($247.137,574) :/
"
Ii
$25,480,689 !i
I¡,'I
$1.833.197.816
il
$1.833.197.816 II
S 0.57 ¡¡
II
"
I
$10,449,228,
I:
(4,800,000) 'I
5,649,228 II
(84,738) II
$~64.489 i
!
Total Reduction to Values
NET TAXABLE VALUE
ES.ILMAIED-EROeERTY T AX-CJ)...LLE,ÇJlO..NS..=
Net Taxable Value
Proposed Tax Rate per $100 Valuation
Estimated Total Tax levy at 100% Collection
less Debt Service Transfer
Less estimated 1.5% for uncollectables
TOTAL ESTIMATED PROPERTY TAX COLLECTIONS(Operations) 98.5%
TOTAL DISTRIBUTION OF TAX RATE
% of Total Tax Rate II
IaxBate Qtstdb_u,tiP.n
54% SO,308163
46% $0.261837
1000(0 $0,57000_0 ¡-
i'
100.00% Projected ri
;,
Collection C.oJlection Ii
4,800,000 4,800,000 II
I,
___ ~,649,228 5,564,489 ,
II
..:-=c,J~ Oß49,2.2,8 $1O-A-364A.89 I
I
IAXBA..1.E_D.1S.I8JS_UJ1QtLS_CJ::JED_ULE;
General Fund - Maintenance & Operations
Debt Service Fund
DJ$.IR/B_U.J.1Q~LQEE_SJ]M.MED_tAXBE-'lENJJE;
Transfer to Oebt Service Fund
General Fund - Maintenance & Operations
TOTAL ESTIMATED TAX REVENUE
07/24/97 03:01 PM 98SCH448.WK4
-9-
'--
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE5-SUMMARYOFREVENUESANDEXPENDITURES
I
!
Beginning Balance
ì
.:R-EVEHU_ES
,I
:ì
':Ad Valorem Taxes
Drainage Utility
¡Interest Income
:Interest Income 1995 Bonds
ilnterest Income 1996 Bonds
¡Transfer from Golf Course
Transfer from Utility - Debt Service
.,Transfer from Support Services Fund
Transfer from Information Services Fund
¡Transfer from Special Investigation
,Payments from other Cities - Hazmat
TOTAL REVENUES
. EX e.Et!tDJIURES
Existing Bonds & C.O.'s
1992 Lease Purchase
SanwaGEL(AFIS/Radio)
Issuance Costs/Paying Agent Fees
., TOTAL EXPENDITURES
REVENUES LESS EXPENDITURES
BALANCE
GENERAL DEBT SERVICE FUND
ADOPTED REVISED REQUESTED
ACTUAL BUDGET BUDGET BUDGET
FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
--------------- ----------------- ------------- ----------
S1,125,991 S1,329,516 $1,329,516 S1,355,085
------------ -------------
S4,600,000 $4,800,000 $4,800,000 S4,800,000
467,324 556,828 556,828 567,458
92,235 90,000 90,000 90,000
200,000 100,000 100,000 125,000
° 200,000 200,000 225,000
551,874 ° ° °
90,552 90,363 90,363 23,542
0 0 0 95,965
° 0 ° 225,000
0 ° ° 0
0 13,000 0 19,000
-------
56,001,985 55,850,191 55,837,191 $6,170,965
------
S5,707,446 S5,653, 1 08 S5,653, 1 08 $6,222,573
84,514 84,514 84,514 84,514
6,500 74,000 74,000 88,190
----
S5,798,460 55,811,622 S5,811,622 $6.395,277
--------
$203,525 $38,569 $25,569 (S224,312)
---- -------
S1,329,516 51,368,085 51,355,085 51,130,773
----------- ----------- ----------- ---------
----------- ----------- ----------- --------
07/23/97 03:16 PM 98DSSCH5,WK4
-10-
TENT A TIVE
FISCAL YEAR 1997-98
SCHEDULE 6 - SUMMARY OF REVENUES AND EXPENDITURES
:i
'REVENU_~S,
:Water Sales and Charges
.'Sewer Safes and Charges
IMiscellaneous
'Payment from Watauga
I
:!
II TOTAL REVENUES
"
'I
::OE.ERA TING EXE-EHDJTIJRE.5.
:¡Administration
,¡Public Works
',Engineering
,Right of Way Maintenance
,[Utility Billing & Collections
:Purchase of Water/Sewer FTW
"Purchase of Water/Sewer TRA
;Building Services
Non-Departmental
'I
'I TOTAL OPERATING
'i EXPENDITURES
.. O]"1:iER.EXe.EtI,DJI.UBf¿S_&.RE_SER~ES
¡¡Payment to Debt Service
:,Franchise Fees
:.Indirect Costs
Reserve for Capital Projects
'Payment in Lieu of Taxes
, Rate stabilizaton reserve
'Depreciation
:Transfer from Utility CIP Reserve to
. Information Services Fund
',Prior Year Payment
I TOTAL OTHER EXPENDITURES
I AND RESERVES
¡i TOTAL EXPENDITURES
BALANCE
UTILITY FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
------------ ----------------- ----------------- -------------- ------------
511,205,618 512.404,307 59.149,185 59,136.025 $9,315.086:1
6.482,667 6,766.012 4.716,585 4,735,925 4,824,434 ¡i
197,867 766,798 502,950 652,568 "
661,926:
0 0 1,500,000 1,500.000 1,500.000 ¡i
- ------------- -------------- ---------- $16.301.44611
$17,886,152 519.937,116 515,868,720 516,024.518
------- ------- --------------- ---------- -- -Ii
564.161 588,547 5115.307 $115.307 5120.98111
2,547.978 2,744.314 3,282,874 3,287.184 I
3,435,411 i
248,410 315.928 323,063 323,063 358,7451
0 52,164 114,200 114.200 I
134,92011
1,194,886 1,125,871 1,218,628 1,218,628 1.257.28411
4.667.210 4,876.317 3,186,557 3.518.500 3,492,681 II
3.369.614 3.166.137 3.700,000 3.368,057 3.471.685:
504,863 504,863 532,932 532.932 582.932 :/
120,438 219.221 199,725 199.725 298,250 )1
- --------- II
$12.717,560 $13.093.362 512.673,286 512,677.596 513.152.889/
I
I
52.085.032 52.019.021 5664,000 $664,000 j
5609,2021
411.205 465.970 267,750 267,750 279.13411
1.025.000 1,025.000 1,025.000 1,025,000 1,025.000 ¡
1.249,062 722.115 558,120 558.120 571,553 I,
255.819 273.122 205.000 205.000 221.000!,
0 300.000 300,000 300.000 !/
300,OOOil
0 1,425,000 0 0 Oil
0 179.250 123.500 123.500 123.500r
0 30.846 0 0 01
------- -- I
I
$5,026,118 56,440,325 53.143,370 $3,143.370 I
53.129.389il
---- -
$17.743,678 519.533,687 515.816,656 515,820.966 516.282.278/1
-- ------------ -------- ,I
II
$142,474 $403,430 552,064 5203,552 -----~~~2~~11
----------- ----------- ----------- -----------
----------- ----------- ----------- ----------- ----------- :1
n
ii
'I
'I
il
II
Ii
il
II
II
II
II
II
07/23/97 03:19 PM 98UTSUMWK4
-1I-
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 7 - SUMMARY OF REVENUES AND EXPENDITURES
WATER OPERATIONS
ACTUAL
FY 1994/95
ACTUAL
FY 1995/96
ADOPTED
BUDGET
FY 1996/97
REVISED
BUDGET
FY 1996/97
REQUESTED
BUDGET
FY 1997/98
------------ --------------- ----------------- ----------- -
BEVENUJ;,S
.~~Ies and Chéug~t$.
¡¡Water Sales
iSeNice Charges
,:Water Taps
'Water Inspection Fees
,iMiscellaneous
'Water Wells
Water Impact Fees
Total Water Sales and Charges
~ !
510,929,422 512,077,206 59,009,000 59,009,000 59,189,180[:
49,502 68,821 40,125 25,125 25 628:¡
t :!
59,860 75,055 72,900 72,900 74,358
16,247 27,482 11 ,000 20,000 11,220:'
4,042 (31,692) 6,160 4,500 4,500::
8,591 15,331 10,000 4,500 10,200 ;1
137,954 172,103 0 0 0:'
:!
----------- - -------------- -- :¡
511,205,618 512,404,307 59,149,185 $9,136,025 59,315,086::
"
----------- -------------- ------- "
[,
5219,524 $150,077 5152,020 II
$245,000 $245,000:
(146,874) 0 0 5,684 6,OOO;!
61,930 250,267 120,600 120,600 149956i
, ,I
54,150 63,750 50,000 50,000 50 000';
, "
0 0 870,000 870,000 956,700;
- ---- -------
5188,730 $464,094 51,192,620 51,291,284 51,407,656:
-------- -
$11,394,348 512,868.400 510,341,805 $10,427,309 $10,722,742
---------- ---------- ---------- ---------- -----------
---------- ---------- ---------- ---------- -----------
Mis~_eJlaQe_o_w>
Interest Income
,Sale of City Property
Late Charges
.Subdivision Meter Revenue
Payment from Watauga
Total Miscellaneous Revenue
TOTAL REVENUES
oeEMJ:.I~.G_ExeE~DJJ:.UBES
,Qp~I.ati9JJ$.
'Administration
Total Operations
532,081 544,274 571,507 571,507 575,008
52,143,712 $2,186,918 52,634,108 52,638,418 $2,755,591 Ii
3,175,331 3,480,419 2,518,500 2,518,500 2,673,682 :;
1,701,700 1,864,645 1,900,000 1,900,000 1,626,394
124,205 157,964 161,532 161,532 179,373
0 26,082 57,100 57,100 67,460
------------ -------------- ------------------ -------------
57,144,948 57,716,028 57,271,240 $7,275,550 $7,302,500
-------------- -------------- ------------------ ---------
Water Operations
Purchase of Water FTW
Purchase of Water TRA
Engineering
Right of Way Maintenance
--------
07/23/97 03:20 PM 98UTSUM.WK4
-12-
I
~ Ii
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 7 - SUMMARY OF REVENUES AND EXPENDITURES
"
"
¡'Finance/U.1llity Col/ecMns
¡iMeter Reading
¡;Utility Billing/Customer Service
¡¡Utility Collection Services
i¡Budget and Accounting
il
i Total Finance/ Utility Collections
I,
ii
¡¡Building Services
Ii
['Non-Departmental
Ii
i: TOTAL OPERATING
:1
:1 EXPENDITURES
1
i¡QI.l:iEREXE.ENDlTUBES & BESERVE$
!¡Debt Service
,Franchise Fees
¡Indirect Costs
:,Reserve for Capital Projects
,Payment In Lieu Of Taxes
!Transfer from Utility CIP Reserve to
! Information Services Fund
Depreciation
,Hate Stabilization Reserve
!
'I
I
:i TOTAL OTHER EXPENDITURES
:1 AND RESERVES
:
!
i
i TOTAL WATER EXPENDITURES
I
,I
I
BALANCE
WATER OPERATIONS
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
-------- ---------- --------------- ------- -
,
'I
5212,114 5162,556 5208,605 $208,605 11
5205,275 II
406,260 262,154 371,129 371,129 375,922 II
65,844 66,945 97,283 97,283 106,737¡
104,407 73,781 127,278 127,278 141,873¡i
---- ---- ---------- $829,807 II
5788,625 $565,436 $804,295 $804,295
----- -------------- ---- I
"
Ii
5302,918 5252,432 5319,759 $319,759 5369.759!1
------- --- !i
524,209 5109,611 599,862 599,862 5174,125¡,
----- II
,I
Ii
58,292,781 58,687,779 58,566,663 $8,570,973 II
58.751.199!1
----- II
I
$1,365,972 $1,352,737 5431,600 $431.600 I
$395.981 i
258,398 279,582 187,425 187,425 183.7841
625,250 625,250 625.250 625,250 625.250 II
624,531 361,058 271,705 271,705 438.743 il
127,909 163,873 151.700 151,700 163.540 j,
II
0 89,500 44,000 44,000 I
44.000¡
0 855,000 0 0 0'
0 150,000 63,462 51,676 115.462/
I
II
$3,002,060 53,877,000 51,775,142 $1,763,356 $1,966.7601/
----- $10.717.959/1
$11,294,841 512,564,779 510,341,805 $10,334,329
---------- ---------- ---------- ---------- =========== :1
---------- ---------- ---------- ----------
if
599,507 5303,621 50 592,980 II
54,78311
---------- ---------- ---------- ---------- ===========!¡
---------- ---------- ---------- ----------
Ii
¡,
il
Ii
I
I
I
i
i
I
07/23/97 03:20 PM 98UTSUM,WK4
-13-
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 8 - SUMMARY OF REVENUES AND EXPENDITURES
SEWER OPERATIONS
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
II -------------- ------------- ------------------- --------------- -------------
II
iREVENUE..~
'i 'I
"
, 'i
¡¡S~wer Sª..5jIM Ch¡¡¡J:9.eJ~ I,
¡I
'¡Sewer Sales $6,368,547 $6,691,104 $4,674,000 $4,674,000 54,767.480 !I
¡¡Sewer Taps 20,245 23.775 12,300 12,300 12,546 ,I
8,026 0 0 0 "
¡¡Sewer Transportation Oil
¡/Sewer Inspection Fees 17,428 17,824 14,000 20,000 14,280 ;:
:¡Sewer Impact Fees 44,160 65,000 0 0 Oi!
" !I
¡Service Charges 20,219 0 10,125 25,125 25,628 ¡¡
"
¡¡Miscellaneous 4,042 (31,692) 6,160 4,500 4,50011
,I --- ---------- "
'I
Total Sewer Sales & Charges $6,482,667 56,766,012 $4,716,585 $4,735,925 $4.824.434 1/
----- ------- --------------- -----
'I
:Mis_C~lt~ 1/
: Interest Income 594,081 $150,077 $59,730 $105,000 5105,000:
:Sale of City Property (146,874) (14,217) 0 5,684 6,000;
'Late Charges 61.930 166,845 120,600 120,600 99,970 i
Payment from Watauga 0 0 630,000 630,000 543,300 i
----
" ,
i Total Miscellaneous Revenue $9,137 $302.705 $810,330 $861,284 $754,270 :
..------- :1
: TOTAL REVENUES 56,491,804 $7,068.716 $5,526,915 $5.597,209 ===S:~:~~~~ :1
----------- ----------- ----------- -----------
----------- ----------- ----------- -----------
I
II
QeEMnf<ol~:LEXeEf<oIQJI.UHE.S II
II
'I
Ii
Operations II
Administration $32.080 $44,274 $43,800 $43,800 $45,973 ¡
I
I;Sewer Operations $404,266 $557,396 $648,766 5648,766 $679,820 i
,Sewer Treatment FTW 1,491,879 1,395,898 668,057 1,000.000 818,999
:!Sewer Treatment TRA 1,667,914 1.301,492 1,800,000 1,468,057 1,845,291 i
'Engineering 124,205 157,964 161,531 161,531 179,372 [I
,Right of Way Maintenance 0 26,082 57,100 57,100 67,460 II
Total Operations $3,688,264 $3,438.832 $3,335,454 $3,335,454 $3,590.942 Ii
!
--------- ------ ------------ -------- 'i
-..._.__...~-. -
07/23/97 03:20 PM 98UTSUMWK4
-14-
------..-.,.'"
FISCAL YEAR 1996-97
SCHEDULE 8 - SUMMARY OF REVENUES AND EXPENDITURES
II
¡¡Finance/Utility Collectiom¡
¡¡Meter Reading
[¡Utility Billing/Customer Service
Ii Utility Collection Services
¡¡Budget and Accounting
!I
II Total Finance/Utility Collections
['
,I
i¡Building Services
II
':Non-Departmental
II TOTAL OPERATING
'; EXPENDITURES
,I
'I
:1
I
I¡O.IJ:iER EX~E~DllU.RES ANQ.BES_EIDLE.S
"
I¡
¡!Debt Service
¡;Franchise Fees
¡,Indirect Costs
Ii
¡:Reserve for Capital Projects
,;Payment In Lieu Of Taxes
:¡Transfer from Utility CIP Reserve
:1 to Information Services Fund
Depreciation
Rate stabilization reserve
,I
'i TOTAL OTHER EXPENDITURES
'i AND RESERVES
'i
:1 TOTAL SEWER EXPENDITURES
,i
1
I
'BALANCE
[)
SEWER OPERATIONS
ADOPTED REVISED
ACTUAL ACTUAL BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97
---------- ------------ --------------- ------
5109,270 5157,556 5107,463 5107,463
209,286 262,154 191,188 191,188
33,920 66,945 50,115 50,115
53,785 73,781 65,567 65,567
------- --------- ----------- ----------
5406,261 5560,436 5414,333 5414,333
-- -----------
5201,945 5252,432 5213,173 5213,173
------- ------- -
596,229 5109,611 599,863 599,863
---------
54.424,779
5719,060
152,807
399,750
624.531
127,910
54,405,583
54,106,623
54,106,623
REQUESTED [
BUDGET Ii
FY 1997/98 :1
!!
II
5105,74811
193,6571
54,986/
73,086,
1
1
5427.4771
5213,1731
$124,12~1
i
$4,401,69°1
$666,284 5232,400 $232,400 $213.221/
186,388 80,325 80,325 95,350
399,750 399,750 399,750 399,750
361,058 286,415 286,415 132,810
109,249 53,300 53,300 57,460
89,750 79,500 79,500 79,500 ¡
570,000 0 0 0'
150,000 236,538 248,324 184,538
----
$2,024,058 $2,532,479 51,368,228 51,380,014 $1,162,629
o
o
o
----
$6,448,837 $6,938,062 $5,474,851 $5,486,637 $5.564,319
----------- ----------- ----------- ----------- ----------
----------- ----------- ----------- ----------- ----------
$42,967 5130,655 $52,064 $110,572 514,385
=========== =========== =========== =========== =========1
I
I
I
I
I
07/23/97 03:20 PM 98UTSUMWK4
-15-
TENT A TIVE
FISCAL YEAR 1997-98
SCHEDULE 9-SUMMARY OF REVENUES AND EXPENDITURES
NRH 2 0
AQUA TIC PARK ENTERPRISE FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
BEVEN U_~& FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
Admissions $979,964 $962,448 $1,185,757 $1,192,201 $1,353,257
Advanced & Group Sales 258,242 440,077 465,388 442,527 590,942
Food and Beverage 270,429 234,693 327,220 309,656 353,882
Merchandise 49,760 79,136 60,210 81,957 95,277
Tube Rentals 113,210 102,664 136,984 0 0
Lockers 38,148 32,159 46,159 35,793 43,555
Other 68,885 7,724 4,623 4,906 5.444
Aquatic Classes/Special Events 0 40,898 25,749 44,152 43,555
Interest Income 0 29,044 0 25,000 25,000
Donations 0 45,000 0 20,000 20,000
Transfer from Park Fund(startup) 67,700 0 0 ° 0
Service Enhancement Revenue
Year round Group Sales
Representative 0 0 0 0 262,000
TOTAL OPERATING
REVENUES $1,846,338 $1,973,843 $2,252,090 $2,156,192 S2,792.912
Appropriation from Reserves $0 5502,814 $0 5837 $0
TOTAL REVENUES $j..846,338 $2,476,657 52,252,090_ 52,157,029 $2.792.912
OE.EMIIN.GJ:XPJ:~DJTUJ~ES
Office Administration $285,704 $554,711 $621,939 $630,039 5707,049
Park Operations 582,436 556,886 476,420 425,845 536.216
Food & Beverage 342,994 431 ,116 388,896 382,313 462,410
TOTAL OPERATING
EXPENDITURES $1,211,134 $1,542,713 $1,487,255 51,438,197 $1.705,675
O.JJ:lEB_E~e.Et4PJLUBES_&JlES,EBY.E&
Reserve for Future Infrastructure and
Major repairs 5408,867 $273,556 5325,000 $376,731 S325.000
Reserve for Aquatic Park Expansion 0 0 0 0 562,566
Transfer to Aquatic Park CIP 179,500 502,814 0 0 0
Reserve for Insurance 46.837 45,000 75,000 75,000 75,000
Indirect Costs 0 72,635 72,635 72,635 75,551
Contribution to Park Fund Capital Projects 0 39.939 292,200 193,629 °
Prior Year Expenditures 0 0 0 837 °
Service Enhancements
Addition of Vehicle (Truck) 0 0 0 0 15,000
Group Sales Representative 0 0 0 0 34,120
TOTAL OTHER EXPENDITURES ------..---- ----.-.-- --.------.-
& RESERVES _~6~,204 _ S933,944 __,JI64,ª-~ 5718,832 $1.087,237
TOTAL EXPENDITURES
& RESERVES $1,846.338 S2,476,657 52,252,090 $2,157,029 $2,792,912
BALANCE SO =--==~~ - ~O 50 $0
~-----_.-
07/23/97 03:18 PM 98NH20S9.WK4
-16-
· 1/
ii
)/
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 10 - SUMMARY OF REVENUES AND EXPENDITURES
i
REQUESTED':
BUDGET
FY 1997/98
'I
Ii
II
,I
$1,779.8961/
1.883.53511
II
$3,663,431 :!
:¡
!I
:1
!/
II
$201,960 i/'
947,200¡
:1
874,3371/
186.420:
95.9651
OJ
0;
01
504,650 I,
348,OOO:¡
'I
II
26,OOOj!
:1
II
$3,184.53211
U
$478.89911
=========== Ii
II
,¡
!
II
II
il
II
II
Ii
,I
,I
Ii
"
I:
Ii
Ii
iI
II
II
!I
II
II
Ii
II
,I
II
Ii
ii
'I
II
Ii
:1
,¡
"
I'
I
!I
I
:1
Ii
SUPPORT SERVICES FUND
ADOPTED REVISED
ACTUAL ACTUAL BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97
REVENUES
Building Services $1,106,815 $1,088,801 $1,337,881 $1,169,599
Equipment Services 1,126,982 1,094,306 1,633,102 1,513,700
TOTAL REVENUES $2,233,797 $2,183,107 $2,970,983 $2,683,299
EXEENDlTUijES
General Services $118,893 $167,394 $186,344 $186,344
Building Services 771,094 853,849 1,143,473 861,532
Equipment Services Operations 649,156 716,750 879,183 745,035
Vehicle/Equipment Purchases Cash 272,020 556,800 370,150 370,150
Transfer to Debt Service 0 0 0 0
Prior Year Purchases 0 0 0 124,974
Building Services Reserve 16.458 0 0 0
Vehicle Services Reserve 0 0 290,597 0
Available for Capital Maintenance 0 0 0 0
Vehicle/Equipment Purchases-Financing 0 0 0 0
Transfer to Building
Capital Projects 150,000 151,255 101,236 179,886
TOTAL EXPENDITURES S1,977,621 $2,446,048 $2,970,983 $2.467,921
BALANCE $256,176 ($262,941 ) $0 $215,378
---------- ---------- ---------- ----------
---------- ---------- ---------- ----------
07/23/97 03:19 PM 98SUPSVSWK4
-17-
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 11 - BUILDING SERVICES OPERATIONS
SUPPORT SERVICES FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
REVENU_E.S
Cha rge_s.-fQLSJ:.IYÏç-ª ~ i
General Fund $579,504 $579,504 $608,479 $608,479 S608,4 79 !!
Utility Fund 504,268 504,863 532,932 532,932 532 9321
r i¡
Transfer from General/Utility Funds 0 0 0 0 130,000:;
;¡
"
Total Charges for Service $1.083,772 $1,084,367 $1.141,411 $1,141,411 ìi
$1,271,4111
I
Ii
OjMLRennu~ Ii
it
Interest Income $22,613 $3,766 $6.500 $0 :1
$3,835 iI
Other Income 430 668 650 I,
0 0::
Appropriation from Reserve ,¡
oil
for Building Capital Projects 0 0 189,320 0 d
Transfer in from other sources 0 0 0 28,188 il
Proceeds from Sale of C,O, 's (1998) 0 0 0 0 504.650 ,!
,I
Total Other Revenue S23.043 $4,4 34 S196,470 S28,188 II
S508,485 !I
TOTAL REVENUES $1,106,815 $1.088,801 S1,337.881 $1,169,599 $1,779.89611
E~E.ENDJTIJB.ES ¡
I
'1
"
iI
General Services S59,446 $83,697 S93.172 $93,172 11
S100,980 ,I
Building Services 771,094 853.849 1,143.473 861,532 947,200 i/
Prior Year Encumbrances 0 0 0 35.009 0
Available for Capital Maintenance 0 0 0 0 II
504,650 :1
Transfer to Capital II
Projects Budget 150,000 151,255 101,236 179,886 26.0001
Reserve for Building I
Capital Projects 16,458 0 0 0 O!
:
I
TOTAL EXPENDITURES $996.998 $1.088,801 $1.337,881 $1.169.599 $1,578.830 i
BALANCE $109.817 $0 SO SO $201,0661
---------- ---------- ---------- ---------- -----______1
---------- ---------- ---------- ---------- ----------- ¡,
II
n
Ii
¡I
I'
07/23/97 03:19 PM 98SUPSVSWK4
-18-
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 12 - EQUIPMENT SERVICES OPERATIONS
SUPPORT SERVICES FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
REVENUE&
Charges for Service
General Fund & Park Devlp. Fund $494,942 $480,630 $580,926 $580,926 $650,427
Utility Fund 525,812 525,812 598,936 598,936 629,707
Utility CIP / Utility Construction 35,559 35,559 40,504 40,504 83,223
General Capital Projects Fund 4,195 4,195 4,405 4,405 5,015
NRH20 Aquatic Park Fund 0 4,500 4,725 4,725 4,968
Crime Control & Prevention District 0 0 15,628 15,628 30,867
Park & Recreation Devlp. Fund 0 0 11,328 11,328 11,328
Transfer from General/Utility Funds 0 0 0 0 I
120,000,
Total Charges for Service S1,060,508 S1,050,696 $1,256,452 I
S1,256,452 51.535.5351
Qther Reventœ
;i Appropriations:
Vehicle Maint. Reserve SO SO S370,150 SO $0
Fund Balance 42,045 0 0 0 O!
Interest Income 22,613 4,435 6,500 0 gl
Sale of City Property 1,816 39,175 0 0
Proceeds from Sale of C.O. 's (1998) 0 0 0 0 348.000/
Transfers in from other sources 0 0 0 257,248 OJ
Total Other Revenue S66,474 $43,610 $376,650 $257,248 5348.0001
TOTAL REVENUES $1 , 126,982 $1 ,094,306 $1 ,633, 1 02 S1,513,700
$1.883,535
EXe.EHDlLUBE.S
General Services $59,447 $83,697 S93,172 $93,172 $100,980
Equipment Services Operations 649,156 716,750 879,183 745,035 874.337
Vehicle Purchases - Cash 272,020 556,800 370,150 370,150 186,420
Transfer to Debt Service Fund 0 0 0 0 95,965
Prior Year Purchases 89,965
Reserve-Equipment Services 0 0 290,597 0 0
Vehicle Purchases - Financing C,O.'s 0 0 0 0 348,000
TOTAL EXPENDITURES S980,623 S1,357,247 $1,633,102 $1,298,322 $1,605,702
BALANCE $146,359 (S262,941 ) $0 $215,378 $277.833
---------- ---------- ---------- ---------- -----------
---------- ---------- ---------- ---------- ----------
07123/97 03:19 PM 98SUPSVSWK4
-19-
Ni~H
-20-
The City of Choice
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 13 - SUMMARY OF REVENUES AND EXPENDITURES
SELF INSURANCE FUND
ADOPTED REVISED REQUESTED·
ACTUAL ACTUAL BUDGET BUDGET BUDGET
,iREVENUES FY 1994/95 FY 1995/96 FY 1996/97 "
FY 1996/97 FY 1997/98 ,;
Ii
Health/Medical $1,849,211 $2,051,548 $2,206,563 $2,206,283 $2,401,839 !i
Worker's Compensation 510,466 570,568 619,044 619,044 584,122 :1
General liability/Unemployment 178,900 195,800 269,400 279,000 287.900 II
Other Income 363,328 340,919 260,000 307,481 317,800!1
,I
Ii
TOTAL REVENUES $2,901,905 $3,158,835 $3,355,007 $3,411,808 Ii
$3.591,661 !I
I'
rI II
:'EXPENDlTURES "
II
:¡ Ii
I'
Health/Medical $1,988,750 $1,988,750 $2,138,771 $2,138,771 II
$2,178.900 i¡
Worker's Compensation 336,570 336,570 380,000 380,000 'I
406,000 II
I'
Other Insurance 312,769 312,769 225,900 225,900 237.000 Ii
Human Resources Oper. Expenses 162,446 198,060 276,509 276,509 293.934 J/
Reserve for Insurance Claims 96,386 96,386 255,827 312,147 393.827/1
life Insurance Premiums 4,984 4,984 78,000 78,000 82,000,1
Other Expenses 0 0 0 481 0:1
r¡
'I
TOTAL EXPENDITURES $2,901,905 $2,937,519 $3,355,007 $3,411,808 I:
$3.591,661 :¡
II
' BALANCE $0 $221 ,316 $0 $0 $Oi:
'I
II
,.
'I
I'
II
Ii
,
Ii
II
11
08/19/97 02:33 PM 98fNSSUMWK4
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 14 - SUMMARY OF REVENUES
SELF INSURANCE FUND
ADOPTED REVISED REQUESTED
REVENUES ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
Hej1lth/Medical
General $1,074,969 $1,187,331 $1,216,823 $1,216,823 $1,266,828
Utility 259,977 316,413 291,120 291,120 301,692
Support Services 77,902 138,847 96,370 95,822 101,200 .
Information Services 0 0 29,330 29,330 39,600
Crime Control District 0 0 93,625 93,625 140,941
Aquatic Park/Park Corp 0 0 69,695 69,695 84,548
Miscellaneous· 114,801 86,616 82,640 82,640 87,322
Dependent Receipts 321,562 322,341 326,960 327,228 379,708 j
Total Health Revenues $1,849,211 52,051,548 52,206,563 52,206,283 $2,401,839
V~'-orker's C_omp~ns.ajion
General $245,370 5264,728 5272,402 $272,402 $268,761
Utility 181,725 202,675 179,492 179,492 178,592 :
Support Services 14,350 25,038 17,710 17,710 17,710
Information Services 0 0 5,390 5,390 8,085
Crime Control District 0 0 20,020 20,020 25,088
Aquatic Park/Park Corp_ 0 0 91,329 91,329 52,376
Miscellaneous· 69,021 78,127 ___ 32_~70J_. 32,701 33,510
Total Worker's
Compensation Revenues $510,466 5570,568 5619,044 $619,044 $584,122
--'--
Ç;~,l]eLa LLi,abiJJtyLU,nem pJpymeot
General $129,900 $146,800 $214,400 $214,400 $214,100
Utility 25,000 25,000 31,000 31,000 31,000
Internal Services 24,000 24,000 24,000 24,000 24,000
Other Funds 0 0 0 9,600 18,800
- ---_.._----_.__.__. --"
Total General
Liability Revenues $178,900 $195,800 5269,400 $279,000 $287,900·
QtherJo,c_olI1e
Franchise $214,890 5190,000 5190,000 $190,000 $190,000
Interest Income 84,163 91,897 70,000 100,000 112,800
Other Income 64,275 59,022 0 17,481 15,000
---_..__.~ .- --...---
Total Other Income $363,328 5340,919 5260,000 $307,481 5317,800
-----.-'-,.-.- - ,
APPLopr:iatiplJ1.tom J~.rior.Year: $0 $0 $0 $481 $0
----.----.-- _._".0__.__. _______n -- _.~ --.---.------..-
TOTAL REVENUES 52 901 905 ~_~-,1~~, ª,~?". 53 355 007 $},411,,?08_ _~.591,661
___ _J__..____I_ __u--::.;:: : ~~~..!..:=..--=..;;.-=-~- · Miscellaneous Funqs include Promotio~al FundLGelJ~~~l-ª-:G9,lLlli1Y_~Jf"I~D-d?1 and Insurance Fund._
08/19/97 10:23 AM 981NSSUMWK4
'j; TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 15 - SUMMARY OF EXPENDITURES
SELF INSURANCE FUND
ADOPTED REVISED REQUESTED
EXPENDITURES ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
Health/Medical Exp-enses
"
General $1,581,057 $1,581,057 $1,622,790 $1,622.790 $1,635,900
Utility 265.471 265,471 308,658 308,658 417,000
Internal Services 142,222 142,222 207,323 207,323 126,000
Total Health and
Medical Expenses $1,988,750 $1,988.750 $2,138,771 $2,138,771 $2,178,900
,Worker's Comp-ensation EXJ:!ense-.S.
General $303,903 $303,903 $315,200 $315,200 $316,000
Utility 31,615 31,615 41 ,600 41 ,600 62,000:
Internal Services 1,052 1,052 23,200 23,200 28,000,.
Total Worker's
Compensation Expenses $336,570 $336,570 $380,000 $380,000 $406,000 :
PJher InsLl.r.anc..!LE~p..fmSjt~
(Liability, Property & Unmployement)
General $278,862 $278,862 $183,920 $173,920 $175,000
Utility 33,907 33,907 41 ,980 51 ,980 62,000
Internal Services 0 0 0 0 0
Total Other
Insurance Expenses $312,769 $312.769 $225,900 $225,900 S237,OOO:
tiurJ:lan Re_s_o_uLc_e_s_E~Pßns_e_s.
Operating Expense $162,446 $198,060 $276,509 $276,509 S293,934 ::
PJf:!~LE~Pßnd it.u re_5. ¡:
Reserve for Insurance Claims $96,386 $96,386 $255,827 $312,147 $393,827 i:
Life Insurance Premiums 4,984 4,984 78,000 78,000 82,0001;
Total Other Expenditures $101,370 $101,370 $333,827 $390,147 $475,827 ¡.
elioL'Le_aLE,llc_u_m b_[alJ_c,e,5, SO $0 $0 $481 $0,
TOTAL EXPENDITURES $2,901 ,905 1S~937J519_ $3 355 007 ~:-3, 41jß08 g591 ,661
:-_~..::::-..~..!..:::.:::.;.:==..~=
08/19/97 10:23 AM 981NSSUMWK4
TENT A TIVE
FISCAL YEAR 1997-98
SCHEDULE 16 - SUMMARY OF REVENUES AND EXPENDITURES
INFORMATION SERVICES FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
REVENUE.S, FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
------------ --------------- --------------- ------------- -----_.
Charges fQL.Servi!;'e - T~lecommunic_aj:Lons.
General Fund 50 5147,773 5155,162 $155,162 $178,003
Utility Fund 0 38,172 40,080 40,080 34,149
Support Services Fund 0 6,366 6,684 6,684 8,238
Self-Insurance Fund 0 1,443 1,515 1,515 1,859
Park! Recreation Facilities Dev!. Fund 0 3,220 6,762 6,762 6,762
Capital Projects Fund 0 2,805 2,946 2,946 1,364
NRH20 Aquatic Park Fund 0 7,611 7,992 7,992 9,690
Economic Development Fund 0 1,638 1,720 1,720 2,054
Crime Control District 0 0 0 0 7,725
Total Telecommunications 50 5209,028 5222,861 5222,861 5249,844
ç.lli!ra..~~..e--=-C-9.ID.PJ.11e.r:s.
General Fund 50 $640,840 5690,355 5690,355 5909,111
Utility Fund 0 443,878 310,740 310,740 532,092
Utitily Reserve-Capital Projects 0 0 123,500 123,500 123,500
Support Services Fund 0 39,881 41,875 41,875 53,669
Self-Insurance Fund 0 10.466 10,989 10,989 14,084
Park! Recrecation Facilities Dev!. Fund 0 15,776 29,140 29,140 43,4 74
Capital Projects Fund 0 5,112 10,450 10,450 3,058
NRH20 Aquatic Park Fund 0 68,595 72,025 72,025 76,310
Economic Development Fund 0 9,466 9,939 9,939 12,738
Crime Control District 0 0 0 0 81,245
Total Computer 50 51,234,014 51,299,013 51,299,013 $1,849,281
OJh~rB~yenu~s
Other Income 50 516,027 521,000 530,000 $30,000
Interest Income 0 17,839 14,000_ 30,000 30,000
Total Other Revenue SO $33,866 535,000 560,000 560,000
Appropriation of Prior Yr Revenue SO SO SO $219,562 $0
TOTAL REVENUES 50 $1,476,908 51,556,874 $1,801,436 $2,159,125
EXE.EtI,DJTIJBf~
General Services SO S176,229 S244,929 $244,929 5252,100
Major Computer Systems 0 159,152 235,779 235,779 381,524
Microcomptuer Systems 0 120,002 467,494 467,494 445,280
Telecommunications 0 207,914 182,923 182,923 208,190
Data Network 0 0 110,770 110,770 293,216
GIS System 0 64,901 101,839 101,839 89,655
Reserve for Systems Improvements 0 296,173 138,140 238,140 147,001
Reserve for PBX Telephone System 0 0 0 0 10,000
Prior Year Encumbrances 0 0 0 219,562 0
Unreserved retained earnings 0 452,537 0 0 0
Transfer to Debt Service 0 0 __,__~~~OOO 0 224,500
Service Enhancements -,-.--.-
2 Systems Analyst - (1.5 HE) 0 0 0 0 90,671
1 Computer Operator (,75 HE) 0 0 0 0 16,988
--
TOTAL EXPENDITURES 50 $1,476,908 ...1.:!., 556,874 S1,801,436 $2,159,125
BALANCE SO = SO =_ SQ_ $0 $0
07/23/97 03:17 PM 981SSUMWK4
-2.t-
, ii
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 17 - SUMMARY OF REVENUES AND EXPENDITURES
PARK AND RECREATION FACILITIES DEVELOPMENT FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
---------- ---------- -------------- ------------ ----------
RE}LEtLU~S
Sales Tax $3,284,878 53,369,110 53,604,000 $3,475,000 53,579,250
Interest Income 117,481 49,229 38,000 70,000 85,000
Green Valley Soccer Proceeds 0 0 0 13,597 13,597
Tennis Center Revenue 0 0 91,727 89,606 120,000
Appropriation of Fund Balance 0 0 0 30,278 0
--------- -------- ------- ---
TOTAL REVENUES 53,402,359 53,418,339 53,733,727 $3,678,481 $3,797,847
--- ----- -
EXPEHDJIUR~
O-P3!.ú1Jing".E.xpJmdi~_~
Park Facilities Development Admin. 5190,041 5242,936 5248,740 $248,740 $271,828
Indirect Costs 164,526 180,882 192,655 192,655 202,610
Maintenance & Operations 138,577 238,332 330,119 345,139 362,357
Tennis Center Operations 0 0 243,000 243,000 254,610
Service Enhancements
Landscape Architect 0 0 0 0 31,823
Maintenance Workers (3) 0 0 0 0 79,184
Maintenance Utility Vehicfe 0 0 0 0 5,000
Reel Mowers (2) 0 0 0 0 11 .000
Temporary Maintenance Personnel(3) 0 0 0 0 11,377
Total Operating Expenditures $493,144 5662,150 51,014,514 $1,029,534 $1,229,789
OJQeLE~p~..D.dJtu,r_e~_&..B.e_sjuYe_~
Debt Service $1,071,721 $1,238,625 51,285,545 $1,285,545 $1,274,420
Reserve for Capital Projects 1,461,797 1,517,316 1,433,668 1,333,124 1,293,638
Undesignated Fund Balance 375,697 0 0 r;:.' 0
0
Encumbrances 0 248 0 30,278 0
--- --- -- ---------
Total Other Expenditures
and Reserves 52,909,215 52,756,189 S2,719,213 $2,648,947 52,568,058
----------- ------- ------------- ----------
TOTAL EXPENDITURES $3,402,359 53,418,339 S3, 733, 727 53,678,481 $3,797,847
-------------- ------------- ----------- ------------ ---
NET INCOME (LOSS) 50 SO $0 $0 SO
---------- ---------- ---------- ---------- -----------
---------- ---------- ---------- ---------- -----------
07/25/97 07:54 AM 98PKCRSCWK4
-25-
TENT A TIVE
FISCAL YEAR 1997-98
SCHEDULE 18 - SUMMARY OF REVENUES AND EXPENDITURES
PROMOTIONAL FUND
ADOPTED REVISED REQUESTED';
ACTUAL ACTUAL BUDGET BUDGET BUDGET:
REVENUES. FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98 !:
:¡
II
Occupancy Tax Proceeds $258,166 $258,057 $279,345 $288,316 $308.49811
Head for the Hills Revenue 0 3,242 0 18,601 18.000 II
Interest Income 4,298 4,914 6,000 6,000 6.0001
Appropriation of Fund Balance 0 31,393 0 2,208 31,202!,
TOT AL REVENUES $262.464 $297,606 $285,345 $315,125 $363 700 II
, II
II
EXE..EJoJDJIURE,S II
II
II
Economic Development $222,119 $264,365 $284,094 $284,094 S306,700 !I
Encumbrances 5,633 1,541 0 2,208 0:1
Service Enhancements 570000il
History Project - Book Printing 0 0 0 0
,
I
TOTAL EXPENDITURES $227,752 $265,906 $284,094 $286,302 S363,70OI
BALANCE $34,712 $31 ,700 _ $lL2,~,t $28,823
SOi
,
'i
II
I'
fl
!I
II
ij
!I
07/23/97 03:18 PM 98PROMSUWK4
-26-
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 19 - SUMMARY OF REVENUES AND EXPENDITURES
DONA TrONS FUND
ADOPTED REVISED
ACTUAL ACTUAL BUDGET BUDGET
REVENUES FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97
Contributions -NRH Water Bills $97,990 $98,945 S93,300 $93,300
Less Watauga Contributions 0 0 (16,800) (16,800)
Grant Proceeds 2,653 0 0 34,700
Interest Income 6,673 9,074 7,500 10,000
Publicity Fees 20,253 0 0 0
Special Event Sponsorships 28,314 0 0 0
Other Income 0 6,824 0 3,168
Appropriation of Prior Year Revenue 0 0 0 31 , 1 00
TOTAL REVENUES $155,883 $114,843 S84,000 S155,468
EXPEHDRURE,S
Parks $49,801 SO SO $0
Library 37,365 43,366 38,250 38,250
Animal Control 7,609 14,695 22,950 22,950
General Public Improvements 0 0 15,300 15,300
Encumbrances 0 31,246 31 , 1 00
TOTAL EXPENDITURES $94,775 S89,307 S76,500 S107,600
BALANCE $61 ,108 525,536 S7,500 $47,868
REQUESTED.
BUDGET ,i
FY 1997/98/
I
]i
;/
$76,500 Ii
Od
iI
Oil
10,00011
Oi,
O/i
or
!
II
586,500:/
II
II
iI
$011
38,250 i
22,950 I
15,300 II
I,
ii
576,500 II
Ii
Ii
S10,OOO'1
,I
II
il
i
I
I
i'
I
II
II
II
iI
'I
II
I'
,I
!I
II
I
07/23/97 03:15 PM 9800NSUMWK4
-27-
TENT A TIVE
FISCAL YEAR 1997-98
SCHEDULE 20 - SUMMARY OF REVENUES AND EXPENDITURES
SPECIAL INVESTIGATION FUND
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98 ,
REVENU_E_S ¡J
'I
I'
:1
Federal Forfeited Funds 5119,935 $56,592 575,000 $50,000 $40,000 if
1,072 1,204 1,000 1,227 'I
State Forfeited Funds 1,000:
Interest Income 15,525 14,249 10,000 14,000 14000:1
MDT Reimbursements 163,434 156,270 0 163,233 ' i¡
163,233"
AFIS Reimbursements 25,061 26,004 0 29,806 29 806 :I
, 'I
Radio System Reimbursements 149,865 77,273 0 136,708 136,708i
Appropriation of Fund Balance 0 0 0 15,960 Oil
Other Income 0 0 0 0 01
"
1
t:
:¡
TOTAL REVENUES 5474,892 $331,592 $86,000 $410,934 $384,747::
EX~E~DJIU.RE..S. jl
¡¡
:¡
:1
Debt Service - MDT's 535,515 $0 $0 $0 $O!I
Loan Payment to General Fund 0 0 45,717 45,717 47,840 :¡
Motor Vehicle Maintenance 6,935 16,268 273 1,305 1.305:]
MDT Maintenance 85,133 83,771 0 125,000 125,000:
,I
Motor Vehicles 103,161 0 0 0 o¡
AFIS Maintenance 16,848 22,744 0 0 0:
'j
Radio Maintenance 115,370 112,212 0 134,819 156.129,¡
Telephone Service 3,000 3,300 0 272 272::
MDT Equipment 0 0 oi
AFIS Equipment 120,814 0 0 16,744 'I
16.7441
Prior Year Expenditures 72,350 288,433 0 0 0"
Reserve for Forfeited Funds 0 0 0 0 O'¡
II
Other Expenses 0 0 0 11,380 0::
II
TOTAL EXPENDITURES 5559,126 $526,728 $45,990 $335,237 5347,290¡
"
BALANCE _(584.234) l$195,1362 --.?40 ,.o..1Q_ $75,697 $37,457:
07/23/97 03: 18 PM
-28-
'Ii
!/
if
if
'I
:ì
:'
,
TENTATIVE
FISCAL YEAR 1997-98
SCHEDULE 21 - SUMMARY OF REVENUES AND EXPENDITURES
DRAINAGE UTILITY FUND
ADOPTED REVISED REQUESTED¡
ACTUAL ACTUAL BUDGET BUDGET BUDGET!
FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98 Ii
$199,290 $85,478 $106,466 $106,466 $191.13811
II
11
II
$656,993 $647,195 $655,000 $640,000 $648,000::
716 517 0 1,500 150011
, '!
fl
i/
$856,999 $733,190 $761,466 $747,966 $840,638 Ii
il
/I
"
II
$300,678 $133,400 $0 $0 $Oil
470,843 493,324 556,828 556,828 567,458 1/
$771,521 $626,724 $556,828 $556,828 $567,458 1/
II
$85,478 $106,466 $204,638 $191,138 $273.180n
d
Ii
:i
:1
;¡
'I
II
:/
d
Ii
II
;/
)'
il
,
BEGINNING FUND BALANCE
BEVENUE.S
Drainage Fees
Interest Income
TOTAL REVENUES
& BALANCE
EXeEtIDlTURES
Transfer for General CIP
Transfer to Debt Service
TOTAL EXPENDITURES
BALANCE
07/23/97 03:16 PM
-29-
TENT A TIVE
FISCAL YEAR 1997-98
SCHEDULE 22 - SUMMARY OF REVENUES AND EXPENDITURES
CRIME CONTROL AND PREVENTION DISTRICT
ADOPTED REVISED REQUESTED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
REVENU_E.s. FY 1994/95 FY 1995/96 FY 1996/97 FY 1996/97 FY 1997/98
Sales Tax $0 $712,867 $3,270,000 53,215,000 53,343.600 ,
Interest Income 0 339 36,000 65,000 78,000·'
Appropriation of Fund Balance 0 0 0 57,533
TOTAL REVENUES 50 5713,206 S3,306,000 S3,337,533 S3,421 ,600 ,
eXPE NIill].lRE_$.
Qpe,Gtting E.xp~.n.dit!J..œ~
Administration SO S500 SO SO Ii
$5,392'
Administrative Services 0 0 1,025,582 307,146 ,
450,889 :1
Investigations 0 0 103,168 103,318 103,408 :i
'I
Uniform Patrol 0 0 968.449 835,214 806,156:
Technical Services 0 5,579 22,200 42,175 66,078i
Detention Services 0 0 129,071 127.765 148,285:
Vehicle Impoundment 0 0 31,323 31,323 37,140'!
Communications 0 0 125,000 175,000 10,933.!
General Fund Police "
"
Department Increases 0 0 64,540 64,540 0:
'I
Total Operating Expenditures SO $6,079 S2,469,333 S1,686,481 $1,628,281 "
,1
O.tl1eLExpellditur.es_&Re_sß1Y.es,
Transfer to General
Fund - Indirect Costs $0 SO $352,000 $352,000 5337,099
Transfer to General Fund - General
Fund Police Dept. Salaries 0 0 282.071 282,071 538,304,
Transfer to General
Fund - Teen After School Program 0 0 0 0 0
Reserve for Transition 0 707,127 192.466 292,383 600,000
Reserve for Computer System 0 0 0 662,000 160,000
Undesignated Fund Balance 0 0 0 0 0
Child Advocacy Center 0 0 10,130 5.065 10,300
Service Enhancements
7 Police Officers in Patrol (3.0 FTE) 0 0 0 0 126,100
2 Detectives (.50 FTE) 0 0 0 0 21,516
_.._------ .-_.. --------.
Total Other Expenditures
and Reserves SO 5707,1p S836.667 S1,593,519 51,793.319'
-.-------.--.
Encumbrances $0 0 57,533 O!
..--. -------.-- - -....-..--.---.---- ----
TOT AL EXPENDITURES SO S713.206 S3.306,OOO _~1,337,533 S3.421 ,600 .
--..--- - _..__._- - - -.. .---._.-,.., ,.
NET INCOME (LOSS) __'_'__" n.____ SO SO $0 SO =~'. ,,--,,-,~ $g~:,
-, ---._- ~~"- - --- --"'---'
---..----...----.----------------.. ..-----.-.--..... -. -- - - - ..---.-.-.,.--...-.-.-.-..
-.---------.---...-.----- ._---,_.._-~--_..-._. ----
~----_._---.-~._-------
08/21/97 08:12 AM 98CCDSMWK4
II
"if
II
I:
I'
II
FISCAL YEAR 1997-98
SCHEDULE 23 - SUMMARY OF REVENUES AND EXPENDITURES
$1,072,836 $1,209,249 $1,232,845 $1,232,845 Ii
$1,303,433 ::
"
278,033 323,028 296,438 296,438 325,300 ii
431,868 479,569 444,627 444,627 453,332 ¡i
394,329 423,442 400,004 400,004 421,2981!
ìi
$2,177,066 $2,435,288 _,_ $~,373,9~~ $2,373,914 $2,503,363 ¡
I
"
iI
$251,150 283,684 ___, $25£?'~º-Q9_ -- $256,009 $273,311 Ii
_,JìJ.J)25~º- _J_~J 51,604 $2 117 905 cJfJ117,905 $2,230,052 ii
-_. -__~______L_______
------~---..-
GOLF COURSE FUND
ACTUAL
FY 1994/95
ACTUAL
FY 1995/96
------------------
------------------
HEVENU_~S
Green Fees
Other Golf Revenue
Carts
Food & Beverage
TOTAL REVENUES
II Cost of Goods Sold
NET REVENUES
I EX~ENQJJ_UJ~E,S
Personnel
Supplies
Maintenance
General Services
Sundry
Capital
$554,881
204,427
104,251
223,567
789,512
32,500
-. -. - -------_._-,~
$572,664
211,662
74,348
378,392
638,903
-~, ,--~,~-ºp-,
ADOPTED
BUDGET
FY 1996/97
------------------
$637,917
207,473
78,910
241,884
773,509
_~§-,_5,ª0
TOTAL EXPENDITURES_!"1ß09, 138 _,!)-,_ª19,469 _~~º38-,--?,ª3
BALANCE
~=c~.=~1§21§.= ==§3.~1"'712,~--, _ '_n$Z~,º?2
REVISED
BUDGET
FY 1996/97
------------------
$637,917
207,473
78,910
241,884
773,509
-,---~,ª!~~
~~~p38,2ª-~
I'
REQUESTED,I
BUDGET
FY 1997/98 Ii
------_____________Ji
I'
"
j
$700,553 I'
205,456 I,
64,490 ::
II
406,682 ¡i
729,2591¡
47,0751:
II
I,
II
$2,153,51511
$79 622 $76 537 !
~.~-~-=-~-::.::..:..::.:::-.::.::-.-~--====:::: ::::::::=:::::::-:==-.::......---:::=---L-:~ I
1997/98 Proposed
Capital Projects Budget
NI~H
The City of Choice
All Funds Budget Summary
1997/98 Capital Projects
Project Remaining
FUNDS To Date 1997/1998 1998/1999 1999/2000 Amount Total
General Street Capital Projects $7,677,004 $12,260,069 $8,373,286 $3,506,829 $315,000 $32,132,188
General Drainage Capital Projects 5,865,700 677,500 2,120,000 1,382,000 200,000 10,245,200
Permanent Street Maintenance Fund 0 400,000 350,000 350,000 350,000 1,450,000
Permanent Capital Maintenance Projects 179,886 530,650 0 0 0 710,536
Public Safety Capital Projects 1,699,300 0 0 0 0 1,699,300
Major Capital Equipment Program 3,330,000 348,000 0 0 0 3,678,000
Utility Capital Projects 1,519,500 3,360,000 1,925,000 2,510,000 300,000 9,614,500
Park Capital Projects 4,514,399 2,853,295 3,395,057 105,000 370,000 11,237,751
General CIP Personnel 0 204,116 212,281 220,772 229,602 866,771
Utility CIP Personnel 0 160,264 166,675 173,342 180,274 680,555
Utility Construction Personnel 0 645,151 670,957 697,795 725,707 2,739,610
TOTAL $24,785,789 $21,439,045. $17,213,256 $8,945,738 $2,670,583 $75,054,411
-------- -------- , , - ------- - -----
---- -----
SOURCES OF FUNDS
1992 Park Revenue Bonds $51,521 $0 $0 $0 $0 $51,521
1994 Park Revenue Bonds 58,997 0 0 0 0 58,997
Future Revenue Bonds 0 1,500,000 1,100,000 0 0 2,600,000
Sales Tax Reserve
for Park Capital Projects 3,903,881 786,865 1,029,337 105,000 370,000 6.195,083
Park Sales Tax Fund (Streets) 0 303,700 0 0 0 303,700
Utility Reserve 1,410,000 0 0 0 0 1,410,000
Utility Fund Debt Service Reserves 575,000 0 0 0 0 575,000
Future General Obligation Bonds 0 6,001,324 3,175,291 2,331,885 100,000 11,608,500
Future Certificates of Obligation 0 852,650 0 0 0 852,650
1997 General Obligation Bonds 4,100,000 0 0 0 0 4,100,000
1997 Certificates of Obligation (Equipment) 2,755,000 0 0 0 0 2,755,000
1996 Certificates of Obligation/Drainage 887,950 0 0 0 0 887,950
1995 General Obligation
Bond - Public Safety 1,675,000 0 0 0 0 1,675,000
1996 G,O. Bonds 3,865,590 0 0 0 0 3,865,590
1995 G.O. Bonds (Drainage) 1,100,000 0 0 0 0 1,100,000
1993 General Obligation Bonds 100,000 0 0 0 0 100,000
1993 General Obligation Bonds (Drainage) 1,580,200 0 0 0 0 1,580,200
1992 General Obligation Bonds 618,500 0 0 0 0 618,500
1989 General Obligation Bonds (Drainage) 20,000 0 0 0 0 20,000
1987 General Obligation Bonds (Drainage) 224,000 0 0 0 0 224,000
ISTEA Grant Funds 0 6,151,~75 2,146.000 0 0 8,297,275
ISTEA Grant Funds (Park CIP Projects) 0 66,430 265,720 0 0 332,150
CDBG Funds 306,127 481,270 240,669 240,669 0 1,268,735
Permanent Street Maintenance Fund 0 400,000 350,000 350,000 350,000 1,450,000
TPWD Grant Funds 500,000 500,000 1,000,000 0 0 2,000,000
Building Services 179,886 26,000 0 0 0 205,886
Escrowed Funds 40,170 0 0 0 0 40.170
Interest Earnings (Public Safety) 24,300 0 0 0 0 24,300
Completed Project Savings 77,460 0 0 0 0 77 ,460
Unfunded 0 2,277,887 6,302,226 3,894,211 715,000 13,189,324
Transfer from Operating 0 571,553 554,100 563,274 0 1,688,927
City of Watauga 0 250,000 0 0 0 250,000
Impact Fees 0 260,560 0 368,790 0 629,350
Unspecified Streets 3,207 0 0 0 0 3,207
Unspecified Drainage 619,500 0 0 0 0 619,500
General CIP Personnel 0 204,116 212,281 220,772 229,602 866,771
CIP Interest Income 0 160,264 166,675 173,342 180,274 680,555
Utility Project Funding 0 645,151 670,957 697,795 725,707 2,739,610
Unspecified Utility CIP 109,500 0 0 0 0 109,500
--
TOTAL
FUNDING SOURCES', $24,785,789 $21,439,045 $17,213,256 $8,945,738' . $2,670,583~Ç. $75,O54;411!
-----. - ----.-. ---------- . ----------., _. -----------,-
., . - ---------- ---------- ..... ----------.
Schedule 1
1997/98 General Street Capital Projects
Budget Summary
Street Projects
I A. I Ash Street Improvements
I B, I Blaney Avenue Street Improvements
'T Brile Drive Street Improvements
i D. Cloyce Court Street Improvements
I E. Conn Drive Street Improvements
r F. I Crane Road Street Improvements
i G, I Douglas Lane Street Improvements
! H. Grove Street Improvements
I I. Hightower Drive Street and Drainage
l__ A2 (Crosstimbers to Calloway Branch)
: J. I Hightower Drive Street and Drainage
1 B (Callowa Branch to Meadow Creek)
¡- K. Holiday Lane A 1 Street Improvements
i L. II.H. 820 South Access Road Street Improvements
I M. 1 Laura Lane Street Improvements
I_N. I Lazy Lane Street Improvements
f 0, 1 Lynn Terrace Street Improvements
I P ~ Maple Street Improvements
~Q. 1 Maplewood Avenue Street Improvements
I R. I Ma anna Wa Street Improvements
'I' S. I Meadowlakes Bridge@I.H.Loop820
T. ,Nanc Lane Street 1m rovements
,'-U. Riviera Drive Street Improvements
: --V, I Roberta Drive Street Improvements
¡W. I Rufe Snow Drive Intersection
¡ ! (Karen to IH 820)
I X. ! Rufe Snow Drive Intersection
I I (Fair Meadows Drive to North Park Drive)
I'y, ¡ Rufe Snow Drive Bridge at IH-820
! Z. i Rufe Snow Drive 1 Glenview Drive Intersection
[Ä 1. : Rufe Snow Drive II.H.820 to Mid-Cities Blvd.
1131. i Rufe Snow Drive 11.H.820 to Mid-Cities (CMAQ)
l Ç1,jRufe Snow Drive 1 Highlawn Terrace to Bursey- Rd,
1 01. i Rufe Snow Drive 1 Glenview Drive to Karen Drive
¡ ET i Rumfield Road Street Improvements-Ph, II
! FT. ¡ Rumfield Road Street Improvements-Ph, III
: (;1, I Sudbury Way Street Improvements
: H 1. I Susan Lee Lane Street Improvements
[IT-! Tourist Drive Street Improvements
[___~1. I Traffic Signal Improvements
I K1. I Unspecified Street Improvements
1'-:~iWl'Omin9 Trail
Total Street Projects
Sources of Funds
Street Projects
[Future General Obligation Bonds (Authorized)
'I' l' ~97 General Obligation Bonds
1996 General Obligation Bonds
! '19J,~ General O~ation Bonds
'11992 General Obligation Bonds
ISTEA Grant
I CDBG Funds
I Q,nspecified Streets
! Unfunded
i Escrowed Funds
[r:'~r:k Sales Tax Fund
Total Sources of Funds
Project
To Date
,
! i
$50,000 I
I 0
, 0
129,896
176,231
. 130,000
. 40,170
i 0
i 863,720
I
I
! ;
,
519,870
, 0
! 0
I 0
80,000
I 0
I
i ¡
Ii
!
40,000 I
720,00~
01
0
¡ 0
! 0
I 368,500
I
! 524,130
300,000
! 414,980
I 1,500,000
,
I 3,207
~ 100,000
~ 0
I 656,400
400,000
~ 50,000
0
I 0
100,000
I 509,900
I 0
1997/1998
Remaining
1999/2000 Amount
Total
$0
0'
0'
o
0,
0,
o
o
$50,000 ,
701,230,
183,886'
129,896'
176,2-31'
,1,130,000,
1,550,000,'
183,250.
, 863,720
1998/1999
519,870
926,200:
645,510!
30-1,592:
80,000 :
, 260,598:
40,000'
720,000
135,393
,'485,000,
135,279'
216,7,66'
" ,:410,6,69
814,450;
:,921,800:
;2,716,000;
;:664,980)
'6,932,650:
, '3;634,35Ò:
, 266,283:
2,006,450:
656;400'
969,000,
205,995'
673,669
728,779
,.,.300,0001
509,900':
286,3^?2í
$7,677,004 $12,260,069 $8,373,286 $3,506,829, $315,000'~$~2, 13~ 188
! r--:=J.Q]
I~~~
I ~ 2,509,000
: , 100,000
1-
1 : 618,500
;¡-- 0
-----: r- 306,127
: : 3,207
,:--- 0
---:1' ¡--4Wõl
.J :=Q]
$0
0
183,886
0
0
0
509,830
0
0
0
0
0
0
0
260,598
0
0
135,393
0
135,279
0
0
445,950
397,670
0
250,000
5,432,650
3,631,143
166,283
0
0
269,000
155,995
0
0
0
0
286,392
$0
701,230
0'
0
0
1,000,000
1,000,000
183,250
I
~
01
0
0
$0 II
o I
o I I
I 0
1 0
I 0
I 0
; 0
I
I
,
I:
I 0 :
f-------;
I '
O!
I ~:
I 301,5921 0 i
I ~o 0:
¡- 01 0,
I ~II~~I: ~:
i 01 0 1 0,
0, I 170,000 I 315,000,
o II 0 II 0,
~I OR:
~~ 0;
I 0 Ii 0 I 0
I 'I :
I °l~i 01
2,416,000 0 I o!
RS: !:
~ Qj I ~~ i 0 ¡
! 1,085,000 I ! 921,450: ! 0
~---.2J i 01 I 0:
¡ 300,000 i ~ 0 II 0 ¡
, 0 I i OJ ! 0,
L~~ ,,! 673.66j , 0:
I 728,779 0 I ! 0 ¡
200,000 I' ¡ 0, i 0 I
I 0 I Ol! 0:
'I 0 I 0' I 01
~ , 1
I 0
i 0
!
926,200
645,510
0
0
I 0
$5,323,824
0
0
0
0
6,151,275
481,270
0
0
0
303,700
~-~ ,----
I $1,417,2911 1 $1'175~ 1 $100,000
I 0 Ii 0 I Oi
----I ~-- '-
I 0 ì I 0 L 0 j
, 01 r- 0,
: i i L 0,
! 0 , 0 I 0 '
~__-' l.___j ,..._,___
I 2,146,000 I L_ 0: L__----9-.;
I 240,6691 L 24D.6691! 0 ¡
L-_ 0 I._--º-I r 0 I
L±".~69,~ 2,090,775 1 215,000 I
I :=QJ1 01 0:
, 01' 0 i 01
$7,677,004 $12,260,069 $8,373,286 $3,506,829
$8,016,500:
4,100,000
2,509,000
100,000
618,500
8,297,275
1,268,735
3,207
6,875,101.
40,170
303,700.
$315,000 ,$32,132,188
---------- ..,
----------
Schedule 2
1997/98 General Drainage Capital Projects
Budget Summary
Project
To Date
1997/1998
Remaining
1998/1999 1999/2000 Amount
Drainage Projects
: A. ! Big Fossil Creek Erosion Protection
r B. I Calloway Branch Channel "A"
1 (Windhaven to Hightower)
r-- C, i Calloway Branch Channel "B"
I (Hightower to Chapman)
r D, i Calloway Branch Channel Improvements
L i Phase III
i E, i Little Bear Creek Improvements
l F, I Mackey Creek Channel Improvements
, C3.l Main Street Drainage Improvements
i i (Marlett Court)
i 'H, i Miscellaneous Channel Cleaning
;" I. i North Hills Addition
! J. ¡ Teakwood Court Drainage - Phase II
, K, ! Walkers Branch Channel Improvements
¡ L. i Walkers Branch Channel - Phase II
'''~M, i Windhaven Road Drainage Improvements
I
¡ I
$01 I $0 1$1,120,0001
1 I
620,000 I 200,000 0 I
II ! I
1,291,500I! 277,500 ~
1,100,0001, 0 i 01
Oil 0l! ~
OJ I 0 I 0 i
405,000 I ~o L, 0 I
o , 200,000 i ~
01 01 C--- 01
597,000 II 0 Ii 0
o i I 0 L 1,000,000 I
1,824,200 ¡ : 0 I L-, 0 I
28,000 i 1 0 ~==:QJ i
I,
i
i ¡
! !
: !
! I
! :
I'
I ¡
I'
Total Drainage Projects
$5,865,700
$677,500 $2,120,000 $1,382,000
$200,000 $10,245,200
: ' $0 I $0 I $58~,-000l ["$942:õõõl L $0 I
I' ~ 677,500 !1,173,Ooó11 214,500: I 0,
. 1,356,5901 § :==~__~ L_~ i 01
_,' 887,950 0 '-__~" L__---º.J L__~
1,100,000 0 i Ol! 0' I 0
: ~ '.580~~ 0 ~_-=_ 01 [_.=]:I r 01
' ",___20,~ I 0 I l------__º_: :-___-º-¡I L, 0 I
l_224,000! 0 I L.__-º-! L__-º- L _ a!
· 77'460§: Oil 01' 0'
;- 0 I 0 L 3~~000l L-m:so~ t-zoo:oöTII
,619,500 0 . ,.J:J L_~ 1 0,
Sources of Funds
,Drainage Projects
[ Future General Obligation Bonds - 1985 Issue
: FlJture General Obligation Bonds - 1994 Issue
¡ ~9_96 General Obligation Bonds
! 1996 Certificates of Obligation/Drainage
¡ 1,9_95 General Obligation Bonds
t 1 ~_~3 General Obligation Bonds
11~8,9 General Obligation Bonds
! 1987 General Obligation Bonds
: Completed Project Savings
! Unfunded
¡ Qnspecified Drainage
Total Sources of Funds
$5,865,700
$677,500 $2,120,000 $1,382,000
$200,000 $10,245,200
! $0
I 0
I 0
I 0
I 240,000
I 531,000
~ 0
200,000
1 411,000
I 0
Total
$0 i
I
01
,
$1,120,000
820,000
1,569,000
1,100,000
240,000
531,000
405,000
600,000
411,000
597,000
1,000,000
1,824,200
28,000
$1,527,000
2,065,000
1,356,590
887,950
1,100,000
1,580,200
20,000
224,000
77,460
787,500
619,500
---..
Schedule 3
1997/98 Permanent Street Maintenance Projects
Budget Summary
Project Remaining
To Date 1997/1998 1998/1999 1999/2000 Amount Total
Permanent Street Maintenance Fund
, Overlay Projects ! , $0 II $400,000 II $350.000 I I $350,000 II $350,000 I $1,450,000
I i
Total Permanent Street Maintenance $0 $400,000 $350,000 $350,000 $350,000 $1,450,000'
Sources of Funds
Permanent Street Maintenance Fund
[Permanent Street Maintenance Fund
I!
I I
$0 j I $400,000 II $350,000 i I $350,000 II $350,000 I $1,450,000
Total Sources of Funds
$0
$400,000
$350,000
$350,000
$350,000
$1,450,000
---------_..
---------- -
Schedule 4
1997/98 Permanent Capital Maintenance Projects
Budget Summary
Permanent Capital Maintenance Projects
r A. Building Improvements/Public Works' Building
~ B. City Hall Parking Lot Lighting
In C, City Hall Renovation Completion
, D. Emergency Generator at Fire Stations 1 & 3
:--E. Expand Library Storage Capacity
I F. HV AC Replacement - Recreation Center
[G, Library Capital Improvements
i H, Library Long Range Plan
i I. Miscellaneou,s Building Improvements
Total Permanent Capital Maintenance Projects
Sources of Funds
Permanent Capital Maintenance Projects
IBuilding Services
: Future Certificates of Obligation
Total Sources of Funds
Project
To Date
, i 45,8861
: 30,000 I'
80,000
~~
. ° i
I i O[
! i °
: : 0 I
I : 24,000 I
$179,886
1997/1998
I 0
i °
0
I 26,000
I 47,750
350,000
86,900
20,000
°
$530,650
1998/1999
Remaining
1999/2000 Amount
I 01~1
I ° II. 0 I
I ° Ii °
I OJ r 0 í
: 0 i I 0 ¡I
I 0lal 0'.1.
I 0 0 I
, I '
I 0 I 0 :
~-º.J l 0 i
$0
$0
Total
o
o
o
o
o
o
o
o
o
45,886.
30,000 ;
80,000 .
26,000
47,750
350,000
86,900
20,000..
24,000
$0
$710,536,
$179.886[ I $0 i : $0 I I $01 $205,886.
:i o ¡I ! 0 II o II 01 504,650 ;
~,.~ IL
$179,886 $530,650 $0 $0 $0 $710,536
---
Schedule 5
1997/98 General Public Safety Capital Projects
Budget Summary
Project
To Date
1997/1998
Remaining
1998/1999 1999/2000 Amount
Public Safety Projects
$200.000 I §o I
300,000 I 0
400,000 0 :
799.300 I 0 I
A, Early Warning System
B. Opticom System Upgrades
C, Public Safety Building-Police Property
D. Public Safety Building-Support Services
i i
I
I'
¡ i
i
Total Public Safety Projects
$1,699,300
$0
Sources of Funds
Public Safety Projects
(1995 General Obligation Bonds - Public Safety
Unterest Earnings
II $1,675.000 II
I · 24.300! I
$1,699,300
$011
01
$0
Total Sources of Funds
$0 Ii
o I
01 ¡
0: I
$0
$0 I I.'
0"
, ,
$0
$Oi~O
01 0
o I, 0
010
$0
$0 I
o Il
$0
Total
$200,000
300,000;
400,OÒO:
799,300:
$0
$1,699,300
$~j
$0
$1,675,000.
24,300;
$1,699,300:
---------..
---..
Schedule 6
1997/98 Major Capital Equipment Program
Budget Summary
Project
To Date
Remaining
Amount Total
$0 $160,000
0 440,000.
0 50,000
0 600,000
0: 220,000
0: 85.000 :
0: 80.000'
0: 78,000
01 575.000:
0: 120.000·
$0 $2.408,000,
0; 210,000:
0 730,000
a, 330.000 '
$0 $1,270,000
$0 $3,678.000'
1997/1998
1998/1999 1999/2000
: $160,000
I 440,000
! 0
1~600,000
o
85,000
80,000
o
575,000
120,000
l A, Ambulance
! B. Fire Truck (Quint)
!' C. Gallion Roller
i D, Golf Course Improvements
, E. Gradall 660 G
F. Hazmat Truck
¡ G. Platform Truck
: H, Pothole Patcher Unit
r L SCADA System
! J. Sweeper
$0 I ¡ $0 i I $0 II
0lr-- 011 01
50,000 ' 0 I ~. 0 II
o , 0 , 0 I.
o I; 0 I
~~¡
~ 0 I
òli~
~It==ml
$348,000 $0 $0
220,000
0
0
78,000
0
0
$2.060,000
Computer Related Capital Equipment
Ä 1. i Computer System - Court/Fire Public Safety
81, : Computer System - General Services
C 1, I library Computer System
Total Major Capital, Equipl11ent
: 210'000:§ ()l 1 011
730,000 0 I 01: 0'1
_ 330,000 0 o I: o II
: !
$1,270,000 $0 $0 $0
$3.330,000 $348,000 $0 $0
Sources of Funds
r Future Certificates of Obligation
11997 Certificates of Obligation
¡l¿tility Fund Debt Service Reserves
Total Sources of Funds
$0 $348,000 $0 II $01' $O¡ $348,000,
2,755,000 0 01 011 01 2.755,000
575,000 0 o I [ 0' I 0 575.000
, r I
$3.330,000 $348,000 $0 $0 $0 $3.678,000:
---
Schedule 7
1997/98 Utility Capital Projects
Budget Summary
Project
To Date 1997/1998
[A. il $0' i $120,000
i 8, 0 I 0
i c, II 100,0001 0
1.0· , I 0 I 0
lE- ' 0 I 200,000
! I 325.0~11 0
0
[, 75,000 0
. L 0 0
r:¡, Adjustments 0 0
¡K. 0 0
,. 0 55,000
: L,
89,500 0
180,000 0
200,000 100,000
300,000 0
300,000
50,000
0
0
0
0
750,000
75,000
60,000
0
100,000
50,000
0
0
300,000
0
200,000
0
0
130,000
0
300,000
0
0
0
500,000
70,000
Total Utility Street Capital Projects $1,519,500 $3,360,000
Sources of Funds
Projects
! Lintunded Projects
. UtJ!!!y Reserve
l CJ!y of Watauga
I Impact Fees
¡ Proposed 1997/98 Transfer from Operating
] Unspecified Utility CIP
--, r------ .
-J I__~
I f- 1,410,00~1
II 0 I
I r---- 0
I
I i 109,500
$1,519,500
Total Sources of Funds
$2,277,887
0
250,000
260,560
571,553
0
1998/1999
Remaining
1999/2000 Amount
so!
01
01
200,000 I
~I
01
01
01
01
01
0,
01
01
o I 0 (I 0 I
_OJ i 01 !§Ol
---ol § 0
01 0 . 0
o ! 0
O~
I 0
o
i 0 I
~Ol 01
o I 0
o 0
o I 01
¡ 0 i 0 I
300,000 ( 100,000
, 0 0
o Ii 0 j ! 0
0¡~01 01
air 01 0
300,000 . 0 ~' 0 I
o 350 000 ¡ 0
o 0
~ i 0'
o ¡ 0 I
300,00~ , I ~ I
I 140.000 I f---~
I ~II ~I~
$0'
~ I
450,000 i
~II
~I
I
o I
250,000 I
250,000
o I
o I
011
O! I
o
o
o
01
105,000
o
o ,
o
300,000 I
50,000 '
0
0
0
a'
0
300,000
0
0
01
0
,
350,000
50,000
0
$1,925,000 $2,510,000
$300,000
, '$1.370.0001 t.':57i.936 ;.... $3OO.OO0j
~ 0 0 0
~ 0 0
i-----ii ~~68,790 ~ 0
!554.1~ I 563,2741 0
I 0 rOO I
$3,360,000 $1,925,000 $2,510,000
$300,000
Total
$120,000
400,000.
100,000 :
650,000 :
200,000i
30,000:
325,000.:
75,OOO!
250,000!
250,0001
105,000 ¡
. 55,000J
89,500;
180,000:
300,000 :
300,000;
300,000;
50,00aì
300,0001
~O,OOOJ
350,0001
, 50,000;
~ 750,0001
.' {
75,000.
60,000r
300,000,
100,000'
50,000
400,000,
50,000'
300,000,
200,000:
200,000,
300,000:
350,000,
130,000
1
210,000:
. 300,000j
300,000;
300,000:
140,000:
500,000.'
70,000
$9,614,500;
$5,526,723.
1,410,000:
250,000
629,350
1,688,927;
109,500'
$9,614,500;
-----------+
----------
Schedule 8
1997/98 Park and Recreation Development Fund
Capital Projects Budget Summary
Project Name
Project
To-Date
Remaining
1997/1998 1998/1999 1999/2000 Amount
[A. I Baseball Fields at City Park
! B. Calloway Branch Trail Development
r'C. I City Park Development
1'0.1 Cottonbelt Trail Development
[.§j Girl's Fastpitch Softball Complex
Ii F. I Land Acquisition
, G. i Little Bear Creek Trail Development
~
I
~
~ L. I Northfield Park Renovations
l M·I Richfield Park Improvements
I N, I Road Widening - Douglas Lane
rOo i South Electric Trail
l p, . Special Projects/Design Research
I Q, ,Supplemental Funds
! R. Thornbridge Neighborhood Park
l, S, I Trail Signage - Phase I
Total Park Capital Projects
$325,000
195,000
661,225
3,622
i 2,158,510
150,000
370,080
99,000
73,964
165,000
88,000
I 25,000
40,000
0
7,875
76,123
50,000
$1,800,000
0
0
36,225
35;000
0
133,920
35,000
10,000
341 ,250
14,200
55,000
0
303,700
19,000
15,000
50,000
5,000
0
H. Miscellaneous Park Development
I. Miscellaneous Park Structures
J. North Electric Trail
K. North Hills Mall Multi-Use Trail
,
26,00~ I
$2,125,000,
195,000
2,161,225:
332,150
2,193,5~0,
. 1,250,OÒO'
504,000 ,
'184,000\
133,964'
5Ò6,250;
11Š,82~1
ªO,OOO :
40,000;
303,700:
158,000
,121,1231
300,000 :
50,5,000 '
. ;2.6'0.90.1
$105,000,:, $370.000. ,,'$11.237.751:
$~ Ii
1,500,000
292,303
0
900,000
0
0
0
01
,
I
¡ 0
i 0
! 50,000
, 0
i
I 0
, 0
i 0
! 0
I 0
0
, 0
I 0
I 5,000
I 50,000
~6,629
0'
~I
~
I 5,000 i
I 50,000
500,000 I !.
I 0 !
$4,514,399 :' $2.853,295' . $3,395,057
Sources of Funds
1'1992 Park Sales Tax Bonds
f1994 Park Sales Tax Bonds
¡ Future Revenue Bonds
! S~les Tax Reserve for Capital Projects
i -r:!:\~'VD Grant Funds*
: ISTEA*
$0
0
1,500,000
786,865
500,000
66,430
I
[
II
! ,
II
II
$4,514,399, $2.853,295 $3,395,057
Total Sources of Funds
.:' .
*Funding of grant related projects is contingent upon approval of the grant.
$01 I
011
°l!
105,000 I
011
o I
$105,000 .
$01
01
o
370,000 ¡
01
01
$370,000'-.' $11.237,751:
>"'.,,--'
Total
$01
0:
01
01
01
$51,521
58,997
2,600,000
6,195,083 :
~,OOO,OOO·
332,150
Schedule 9
1997/98 CIP Personnel
Budget Summary
Project Remaining
To Date 1997/1998 1998/1999 1999/2000 Amount Total
CIP Personnel
í A I General CIP Personnel 18 $866,771
I
I B. I Utility CIP Personnel i I 0 680,555;
C, : Utility Construction Personnel i 0 2,139,610:
Total CIP Personnel $0 $1,009,531 $1,049,912 $1,091,909 $1,135,585; : $4,28~,9~11
.. 'I-I'."",.' _" ..........
Sources of Funds
CIP Personnel
! General CIP Interest Income Ii $O[ $204,116 $212,281 $220,772 I $229,603 $86P11;
[Utility CIP Interest Income Ii ~I 100,000 100,000 100,000 I 400,000J
100,000
; Unfunded II-- 60,264 66,675 73,342 I 80,275 I 280,555'
r Utility Project Funding I) 645,151 670,957 697,795 I I 725,7071 2,139,610 :
Total Sources of Funds $0 $1,009,531 . $1,049,912 $1,091,909 $~,135,585:',::::" "$4,286,931.:
-,
f... I
CITY OF
NORTH RICHLAND HILLS
'-
Department: Finance
Council Meeting Date:
9/8/97
Subject:
Approval of 1997 Certified Tax Roll - Resolution 97-38 Agenda Number: GN 97-94
Tarrant Appraisal District has provided the City with the 1997 Certified Tax Roll information. This
includes the most current appraisal information, exemptions for disabled veterans, persons over 65,
homestead and disabled persons, abatement value losses, freeport inventory value loss and agricultural
value losses. These values also include the new construction and the minimum value of properties still
under protest to the Tarrant Appraisal Review Board. The certified values for the City of North Richland
Hills are $1,833,197,816. This is the amount used to calculate the effective tax rate, and it is
recommended to be certified and accepted by the City Council.
Recommendation:
It is recommended that City Council approve Resolution 97-38 to approve the Certified Tax Roll in the
amount of $1 ,833,197,816 for the tax year 1997.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
r
Acct. Number
Sufficient Funds Available
~D~~
epa ment Head Ignature
C"Y COUNCIL ACTION
Finance DII.cto,
Page 1 of
RESOLUTION NO. 97-38
WHEREAS, the City Council of this City received the Ad Valorem Tax Rolls
for the year 1997 from Tarrant Appraisal District in the amount of net taxable value of
$1,833,197,816 including minimum value of properties pending disposition before the
Appraisal Review Board; and
WHEREAS, the City Council studied said Tax Rolls and approved same on
September 8, 1997.
NOW THEREFORE, be it resolved by the City Council of the City of North
Richland Hills, Texas that:
1.
The approval of said Tax Rolls received from Tarrant Appraisal District in
September, 1997, be and is hereby ratified and said Tax Rolls shall collectively be
considered the Tax Roll of this City for 1997 and it is hereby in all things adopted and
approved.
PASSED AND APPROVED the 8th day of September, 1997.
ATTEST:
Tommy Brown - Mayor
Patricia Hutson - City Secretary
APPROVED AS TO FORM AND LEGALITY:
'-~
Attorney for City
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date:
9/8/97
Subject: AuthorizinQ Homestead, Over 65. and Disability Exemptions Agenda Number: GN 97-95
from Ad Valorem Taxes - Ordinance No. 2235
For the past several years the City Council has been granting various exemptions from Ad Valorem
Taxes, and it is necessary for Council to again take action adopting these exemptions. The ordinance
that is being proposed includes a 15% exemption for residential homestead, a maximum $29,000
exemption from assessed value on a residential homestead for persons over the age of 65, and a
$29,000 exemption from assessed value of property owned by a disabled person where that property
is exclusively used for homestead purposes. The proposed ordinance does not allow an exemption to
be claimed for both the over 65 and the disability, and no homestead will be subject to both the over 65
and disability exemption. The proposed exemptions are the same as the prior year.
These exemptions were anticipated in calculating the net taxable value property that is included in the
certified tax rolls and calculating the effective tax rate for 1997.
Recommendation:
. It is recommended that City Council adopt Ordinance No. 2235 providing for exemptions for homestead,
over 65 years of age, and disability persons to be approved.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
Acct. Number
Sufficient Funds Available
¡:¿ /~
D~ment Head Signature
CITY COUNCIL ACTION
Finance Director
Page 1 of
ORDINANCE NO. 2235
AN ORDINANCE AUTHORIZING AND APPROVING RESIDENTIAL
HOMESTEAD, OVER 65, AND DISABILITY EXEMPTIONS FROM AD VALOREM TAXES
FOR THE 1997 TAX YEAR.
WHEREAS, the City Council determined the necessity for a residential
homestead exemption and an over 65 exemption; and
WHEREAS, the City Council recognizes the special needs of disabled
persons; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE NORTH RICHLAND
HILLS, TEXAS, THAT:
1.
There shall be exempt from the City Ad Valorem Taxes for the year 1997,
fifteen percent (15%) (with a minimum of $5,000) of the assessed value of residential
homestead within the City which is occupied by the owner as his homestead.
2.
Persons over the age of 65 years, claiming an exemption pursuant to
Ordinance No. 676 shall have a $29,000.00 exemption from the assessed value of a
residential homestead. A person who is disabled within the meaning of Section 11.13 (m)
of the Property Tax Code of the State of Texas, as of January 1st of each year shall be
entitled to $29,000.00 exemption from the assessed value of property owned by such
disabled persons and used exclusively for homestead purposes by such disabled persons.
No person may claim both the "over 65" exemption and the "disability" exemption and no
homestead shall be subjected to both the "over 65" exemption and the "disability"
exemption.
3.
Persons claiming the exemptions must comply with the City Ordinances and
Texas Property Tax Code.
ORDINANCE NO. 2235
Page Two
4.
"Exemptions provided for in section 1 and 2 will remain in force by the City
of North Richland Hills unless the City Council of North Richland Hills takes action to
change either, or both."
PASSED AND APPROVED this 8th day of September, 1997.
Tommy Brown - Mayor
ATTEST:
Patricia Hutson - City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for City
CITY OF
NORTH RICHLAND HILLS
, l
Department: Finance
Council Meeting Date:
9/8/97
Subject:
Adopting the Tax Rate for 1997 - Ordinance No. 2236 Agenda Number: GN 97-96
The notice of effective tax rate was published in the Star Telegram newspaper on August 14, 1997 in
accordance with State law. The proposed 1997/98 tax rate for the City of North Richland Hills is 57
cents. This rate is under the 3% Notice & Hearing requirement, so no additional public hearings are
required for the tax rate. The proposed rate of 57 cents is a two percent increase over the effective tax
rate. The proposed rate of 57 cents is broken down into two parts as follows:
30.8163 ¢
26.1837 ¢
is for the purposes of maintenance and operations
is for the purposes of interest & principal on debt of the City
Recommendation:
It is recommended that City Council adopt Ordinance No. 2236 setting the tax rate for the 1997/1998
fiscal year at 57¢.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
Other
r ~~ature .
C"Y COUNCIL ACTION EM
FinMot OnctOt
Page 1 of
ORDINANCE NO. 2236
AN ORDINANCE LEVYING A TAX RATE FOR
THE CITY OF NORTH RICHLAND HILLS,
TEXAS FOR THE 1997 TAX YEAR
BE IT ORDAINED AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF NORTH
RICH LAND HILLS THAT:
We, the City Council of the City of North Richland Hills do hereby levy or
adopt the tax rate on $100 valuation for this City for tax year 1997 as follows:
$ .308163 for the purposes of maintenance and operation.
$ .261837 for the payment of principal and interest on debt of
this City.
$ .57000 total tax rate.
The tax assessor-collector is hereby authorized to assess and collect the
taxes of the City of North Richland Hills on this 8th day of September, 1997.
1.
That there is hereby levied and shall be collected as provided by law, an Ad
Valorem tax for the year 1997 on all property, real and personal, except such property as
may be exempt from taxation by Constitutions in the statutes of the State of Texas, and
ordinances and resolutions of the City of North Richland Hills, situated within the corporate
limits of the City of North Richland Hills, Texas, on January 1, 1997, and that the amount
to be applied to the value of such property shall be 57.0¢ per $100 valuation.
2.
That the tax so levied and assessed shall be apportioned to the accounts and
funds in the amount as set forth above. The amounts collected for payment of principal
and interest on debt of the City shall be deposited into an interest and sinking fund for that
purpose until a total of $4,800,000 is deposited from the 1997 Ad Valorem tax levy.
ORDINANCE NO. 2236
Page Two
3.
That the taxes provided for herein are in accordance with the appropriate
State statues.
4.
Ad Valorem taxes levied by this Ordinance shall be due and payable on
October 1, 1997, and shall become delinquent on the first day of February, 1998. Payment
of such tax is due as provided by the Texas Property Tax Code.
5.
If the tax is unpaid after February 1, 1998, such tax will become delinquent
and penalty and interest will attach and accrue as provided by the Statutes of the Texas
Property Tax Code Sec. 33.01.
6.
In the event the taxes become delinquent and in the event such delinquent
taxes are referred to an attorney for collection, an additional amount of fifteen percent
(15%) of the total amount of tax, penalty and interest then due shall be added as collection
costs to be paid by the taxpayer.
7.
Taxes herein levied and uncollected shall be a first prior and superior lien
against the property, and the said lien shall be superior liens charges, and encumbrances,
and such lien shall attach to personal property with the same priority as to real property.
8.
The lien provided herein shall be attached as of January 1, 1997.
9.
Should any section, provision or clause of the Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part so declared to be invalid.
ORDINANCE NO. 2236
Page Three
10.
The Ordinance shall become effective from and after the date of its approval
and adoption as provided by law.
PASSED AND APPROVED by the City Council of the City of North Richland
Hills, Texas, upon first and final reading, at a regular meeting on the 8th day of September,
1997.
Tommy Brown - Mayor
ATTEST:
Patricia Hutson - City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for City
CITY OF
NORTH RICHLAND HILLS
I '
Department: Finance Council Meeting Date: 9/8/97
Subject: Adopting the 1997/98 Budget - Ordinance No. 2237 Agenda Number: GN 97-97
The proposed budget for 1997/98 was filed with the City Secretary's office on August 18, 1997. All
necessary publications and hearings have been completed in compliance with City Charter requirements
and State Law.
The 1997/98 General Fund budget is based on the 57¢ tax rate which is the existing rate for the current
fiscal year.
Revisions to the 1996/97 revenues and expenditures have been made to reflect the most current
estimates for this fiscal year. The Budgeted Expenditures are:
Revised Budget Proposed Budget
Fund 1996/97 1997/98
General Fund $20,763,905 $22,062,909
General Debt Service Fund 5,811,622 6,395,277
'"-, Utility Enterprise Fund 15,820,966 16,282,278
Aquatic Park Enterprise Fund 2,157,029 2,792,912
Support Services Fund 2,467,921 3,184.532
Self-Insurance Fund 3,411,808 3,591,661
Information Services Fund 1,801,436 2,159,125
Park & Recreation Facilities
Development Fund 3,678,481 3,797,847
Crime Control & Prevention
District Fund 3,337,533 3,421,600
Promotional Fund 286,302 363,700
Donations Fund 107,600 76,500
Special Investigation Fund 335,237 347,290
Drainage Utility Fund 556,828 567,458
General Street Capital Projects 8,671,218 12,260,069
General Drainage
Capital Projects 477,500 677,500
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
L Operating Budget _
Other
~D~ad S;gnature
CITY COUNCIL ACTION I
Finance DRcto,
Page 1 of
"-,
~
Permanent Street
Maintenance Fund
Equipment Replacement and
Building Maintenance Projects
Public Safety Capital Projects
Utility Capital Projects
Park Facilities Development Fund
Capital Projects
General CIP Personnel
Utility CIP Personnel
Utility Construction Personnel
Golf Course Fund
Revised Budget
1996/97
Proposed Budget
1997/98
350,000
400,000
2,526,524
1,699,300
1,585,000
878,650
1,675,000
3,360,000
2,080,875
192,695
135,875
598,018
2,038,283
2,853,295
204,116
160,264
645,151
2,153,515
The City of North Richland Hills Crime Control and Prevention District Board of Directors conducted a
budget work session on August 1-3, 1997 to review the 1996/97 Revised Budget and the Proposed
1997/98 Budget. As required by law, legal notices have been published. The Board will meet prior to
the Council meeting September 8, and it is anticipated that they will recommend that City Council
.\......, approve and adopt both the revised and proposed budgets.
The Park and Recreation Facilities Development Corporation Board of Directors will meet prior to the
Council meeting to consider the Revised 1996/97 Budget and the Proposed 1997/98 Budget. As
required by law, legal notices have been published. It is anticipated the Board will recommend City
Council approve and adopt both budgets.
Recommendation:
It is recommended City Council approve Ordinance No. 2237 adopting the 1997/98 Budget for all funds,
the revisions to the 1996/97 Budget for all funds, and the proposed fee increases for Iron Horse Golf
Course.
'-/
ORDINANCE NO. 2237
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR FISCAL
YEAR 1997/98; APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR
1996/97; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN
ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATING FUNDS FOR THE
1997/98 FISCAL YEAR FOR THE CITY OF NORTH RICHLAND HILLS.
WHEREAS, the City Manager has prepared certain figures as a 1997/98 budget and
has submitted the same to the City Council; and
WHEREAS, the City Manager on August 1, 1997 filed such proposed budget with
the City Secretary for the fiscal year beginning October 1, 1997; and
WHEREAS, the City Secretary did post notice that such proposed budget has been
filed and a public hearing called thereon by the City Council in City Hall; and
WHEREAS, the City Council determined such proposed budget for fiscal year
1997/98 to be appropriate and correct in all respects and that all requirements of the law
have been satisfied; NOW THEREFORE:
BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS:
SECTION 1. THAT the budget proposed by the City Manager for the fiscal year
October 1, 1997 through September 30, 1998, BE and the same is hereby approved and
adopted.
SECTION 2. THAT the figures prepared and submitted by the City Manager for
1996/97 fiscal year BE and the same is hereby approved in all respects.
SECTION 3. THAT any necessary transfer of funds between accounts,
departments, or programs by the City Manager for City purposes or as a result of unusual
or unforeseen conditions during the administration of the 1997/98 fiscal year budget BE
and are hereby authorized and approved.
SECTION 4. THAT amounts set under the headings "Revised 1996-97" BE and
are hereby authorized and approved.
SECTION 5. THAT the several amounts, as set forth in the proposed 1996/97
fiscal year budget BE and are hereby authorized to the objects and purposes named,
subject to notification in accordance with SECTION 3 hereof if necessary.
ORDINANCE NO. 2237
Page 2
SECTION 6. THAT a copy of the 1997/98 fiscal year budget will be filed with the
appropriate officials as required by law.
SECTION 7. THAT any section, paragraph, sentence, clause, phrase or word be
declared unconstitutional and invalid for any reason, the remainder of this ordinance shall
not be affected thereby.
AND IT IS SO ORDERED.
PASSED by the City Council on the first reading this 8th day of September, 1997.
Tommy Brown, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
Larry J. Cunningham, Assistant City Manager
APPROVED AS TO FORM:
Attorney for the City
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date:
9/8/97
Subject:
Establishment of an Equipment Replacement Agenda Number: GN 97-98
and Building Maintenance Fund - Resolution No. 97-39
For the past several years the City Council and City Administration have been very interested in
increasing efforts to strengthen replacement of equipment and the maintenance of our City owned
buildings and facilities. At the Budget work session on August 1-3, 1997 the City Council was presented
with a multi-year plan covering the needs for equipment replacement, increased building maintenance,
renovations, and long range planning to facilitate future needs of our growing community. The proposed
resolution provides for the establishment of an Equipment Replacement and Building Maintenance Fund
and identifies the purposes for its use.
Recommendation:
It is recommended City Council approve Resolution No. 97-39 for the establishment of an Equipment
Replacement and Building Maintenance Fund.
Finance Review
r
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
Other
¿j;4J~
D partment Head Signature .
CITY COUNCIL ACTION ¡
Finance Director
Page 1 of
RESOLUTION NO. 97-39
WHEREAS, the City Council of the City of North Richland Hills desires to protect
the public investment in all City owned equipment, buildings, facilities, and structures within
the City of North Richland Hills; and
WHEREAS, the City Council finds it desirable and sound fiscal management to
replace and maintain said City owned equipment, buildings, facilities and structures; and
WHEREAS, the City Council believes such maintenance may be secured by the
creation of an Equipment Replacement and Building Maintenance Fund dedicated solely
to the replacement, maintenance, renovation, and upkeep of City owned equipment,
buildings, facilities, and structures; and
WHEREAS, the City Council has determined that the creation of said Fund will be
in the best interest of the citizens of the City of North Richland Hills;
NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS,
SECTION 1 : THAT there be and is hereby created an Equipment Replacement and
Building Maintenance Fund to provide solely for the replacement, maintenance, upkeep
and renovation of City owned equipment, buildings, facilities, and structures existing within
the City of North Richland Hills and under the control of the City of North Richland Hills.
SECTION 2 : THAT the Fund shall be established and monies dedicated and
deposited therein on an annual basis as part of the annual budgetary process of the City
of North Richland Hills.
SECTION 3 : THAT all expenditures from said Fund shall be consistent with
approved contracts or bid specifications and that policies and procedures for the
administration of said Fund shall be developed by the City Manager.
SECTION 4 : THAT funds shall be specifically reserved annually (based on value
and life expectancy, as with depreciation) to provide for replacement of major capital
equipment valued at $50,000 or more; and such reserve funds for replacements of such
major equipment shall be separately budgeted and accounted for and such funds shall be
solely used for said purposes.
SECTION 5 : THAT such reserve funds for major capital equipment shall not be
used for new equipment, but rather replacement equipment. Any new equipment acquired
Resolution No 97-39
Page Two
will immediately be included in the replacement reserve schedule as described in Section
4, and can then be replaced as needed using reserved funds.
SECTION 6 : THAT funds shall be specifically reserved annually (based on life
expectancy and replacement value as with depreciation) for building improvements such
as roof replacements, floor covering replacements, heating / air conditioning system
replacements, major plumbing replacements, major electrical system replacements, and
other major modifications to existing structures or buildings; such reserve funds shall be
separately budgeted and accounted for and shall be solely used for said purposes in this
Section.
SECTION 7 : THAT such reserve funds for building improvements shall not be used
to acquire new buildings or land or maintenance of buildings, but shall be used for major
renovations and replacements to existing municipal buildings and structures. When new
buildings are constructed, such buildings will immediately have a reserve established as
described in Section 6, and in future years as needed such funds can be used for these
newly added buildings.
SECTION 8 : THAT in the event of natural disaster or other public calamity resulting
in an extreme emergency, reserves from said Fund may be used for purposes other than
those specified herein with approval of the City Council.
SECTION 9 : THAT on an annual basis the major equipment and building
components (HVAC, roofs, etc.) will be inventoried and valued by the Director of Support
Services (or other person assigned with managing equipment and building facilities) and
the Director of Finance who will jointly prepare an inventory and reserve schedule for the
City Manager.
PASSED BY THE CITY COUNCIL this 8th day of September, 1997.
APPROVED:
Tommy Brown, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
CITY OF
NORTH RICHLAND HILLS
~. Department:
Subject:
City Secretary Council Meeting Date:
Appointments to the Crime Control & Prevention District A dN b
gen a um er:
9/8/97
GN 97 -99
The following Board of Directors terms expired September 1, 1997. The Council needs to make
appointments to Places 2, 4 and 7 for a two year term of office.
Lyle E. Welch
Don Phifer
Cheryl Cowen Lyman
Place 2
Place 4
Place 7
Recommendation:
It is recommended that City Council make appointments to Places 2, 4 and 7 on the Crime Control &
Prevention District Board for a two year term of office.
\.....
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
~r _
"r:;;;¿l2VUðti, ~
Department Head Signature
CITY COUNCIL ACTION EM
Finance Director
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department:
',,--
City Secretary
Council Meeting Date:
09-08-97
Subject:
Appointment to Teen Court Advisory Board
Agenda Number:
GN 97-100
Mr. Wayne Moody who serves in Place 2 on the Teen Court Advisory Board has notified Councilman
Garvin that he is resigning from this board. Ms. Lucy Wolfe is being recommended as Mr. Moody's
replacement.
Recommendation:
It is recommended that City Council take action on the proposed appointment to Place 2.
"'-
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
, -?~itti~ ~X~AA-j
'G Department Heed Signature 'tJ'.- - -. -. ~M;;,;g.i
CITY COUNCIL ACTION 'EM
Page 1 of
Fln8llce Director
CITY OF
NORTH RICHLAND HILLS
Agenda Number:
09-08-97
GN 97-101
Department:
City Secretary
Council Meeting Date:
Subject:
Contract with Texas DeDartment of Health for
Remote Birth Access
The Central Records Division of the City Secretary's Office issues certified birth certificates from the
Texas Department of Health's remote birth access computer system. The Texas Department of Health
has notified us that they are converting from a main-frame system to a system that utilizes the Internet.
Because of the change in systems and new procedures, they are terminating our existing contract
October 15. To continue on-line access to their birth data base, we must sign a new contract with
them. The new contract addresses hardware, software and security issues that are not in the existing
contract. After they receive a signed contract from us, they will provide us with the software that will
enable us to convert to the new system. We will not incur any additional expenses to convert to their
new system and the compensation for the use of their system will remain the same.
Recommendation:
It is recommended that City Council approve the contract with Texas Department of Health for the
issuance of birth certificates from their data base by remote on-line computer access.
\-
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
-3ïer -
Øattit/tfi~ . .
t- - - Department Head Signature ~ ;¡~
- CITY COUNCIL A-;;;;;;;ç;j
FlMnce Dnctor
Page 1 of
STATE OF TEXAS
COUNTY OF TRAVIS
TDH DOCUMENT NUMBER:
This CONTRACT and AGREEMENT by and between the Texas Department of Health, Bureau of Vital Statistics,
bereinaftec referred to as PERFORMING AGENCY, and acting through its Chief, Bureau of Financial Services, and the
Vital Statistics Program,
City of North RidJland Hills
hereinafter referred to as RECENING AGENCY, is as follows:
L SCOPE OF WORK:
PERFORMING AGENCY agrees to provide on-line computer services in support of RECENING AGENCY from 7:00
a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or cOmplter application error,
Performing Agency may temporarily suspend services without advance notice.
RECEIVING AGENCY will seørch PERFORMING AGENCY data bases, locate data, and issue Certifications of Vital
Records to authorized individuals requesting such data. The certifications will be in a format formally approved by
PERFORMING AGENCY. No limit will be established on the number of searches per month not resulting in issuance
of a certification, provided the number is reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications, hardware or software,
and puchase "bank: noteW paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist
in connection of the equipment, furnish software program and provide technical assistance, if necessary .
RECEIVING AGENCY acknowledges that records may not be located in the searching process instituted by RECENING
AGENCY or records which are located may have errors due to:
A) normal key-entry errors in spellings;
B) accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination: and
C) the event year does not exist on the system.
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors or suspected errors
that exist on the data base information.
RECEIVING AGENCY is to maint.ain an inventory control and account for each document produced on wbank noteW
paper, including voided documents.
RECEIVING AGENCY is responsible for maintaining a system of vital record keeping that is in accordance with
Chapters 191 through 195 of the Health and Safety Code and the regulations adopted thereunder.
LEGAL AUTHORITY TO CONTRACT:
Chapter 12 of the Health and Safety Code.
n. IERM
The term of this contract will begin upon its execution by botb parties and will continue in force and effect until either
party gives sixty (60) days written notice of termination to the other party.
IlL. COMPENSATION
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and 83/1(0) for each
Certification of Vital Record printed as a result of searches of the database.
A moØhly iœfni7.ad billing showing the number of transactions by date will be submitted to RECEIVING AGENCY by
PERFORMING AGENCY and payment will be made no later than thirty (30) days following the billing date. Payment
will be considered made on the date postmarked.
!Y& CONFIDENTIALITY
RECEIVING AGENCY will mAintain sufficient safeguards to prevent release or disclosure of any information obtained
hereunder to anyone other than RECEIVING AGENCY employee(s) or those who have an official need for the
information and are authorized to receive such records. RECEIVING AGENCY further agrees records obtained and
issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data
for other purposes must be agreed to in writing by both parties.
Y.. SECURITY
Receivina Apœy a¡rees to imp1ement all reasonable and necessary procedures to ensure that only authorized users will
have access and will notify TDH immediately should it detect a security violation by one of its employees or any other
penon.
YL TERMINATION
This codract may be tenninated eitber by mutual agreement of the parties or by either party upon the giving of sixty (60)
days written notice to the oCher party. RECEIVING AGENCY agrees to pay PERFORMING AGENCY for all services
completed prior to the effective date of such termination. Performing Agency may immediately suspend this agreement
upon reasonable suspicion that tenns of this agreement have been violated by the Receiving Agency or one of its
employees. If, aft« investigatiœ it is concluded that a violation of this agreement has occurred, Performing Agency may
terminate this agreement without further notice.
YlL APPUCABLE LAWS AND STANDARDS
RECEIVING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal
or state assistance programs under Executive Order 12549, Debarment and Suspension. RECEIVING AGENCY
specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state
øgeœy. A false statem'ri regarding RECEIVING AGENCY'S status will be treated as a material breach of this contract
and may be grounds for termination at the option of PERFORMING AGENCY.
YIIL. SF.VRRABll..ITY
If any provision of this contract will be constn1ed to be illegal or invalid, this will not affect the legality or validity of any
of the oCher provisions hereof. The illegal or invalid provision will be deemed stricken and deleted herefrom to the same
extent and effect as if never incorporated herein, but all other provisions will continue.
IX.. FUNDING
This contract is CODtingeØ upon the availability of funding. RECEIVING AGENCY will have no right of action against
the State of Texas or the PERFORMING AGENCY in the event that PERFORMING AGENCY is unable to fulfill its
obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any Attachment(s) to this
contract. If funds become unavailable, provisions of the Termination Article will apply.
x.. HOLD HARMLESS
Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract,
RECElV1NG AGENCY agrees to bold PERFORMING AGENCYand/or federal government barmless and to indemnify
them from and against any and all claims, demands, and causes of action of every kind and character which may be
asserted by any third party occurring in any way incident to, arising out of, or in connection with the performance of
&elVices by RECEIVING AGENCY under this contract to the extent allowed by law, excluding, however, occurrences
arising under subparagraph IB of this contract.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY
PERFORMING AGENCY
TEXAS DEPARTMENT OF HEALTH
(Name)
(Name)
By:
Linda Farrow, Chief
Bureau of Financial SelVices
By:
(Title)
Date:
Date:
Recommended by:
VID #: 35015015015000
(Name and Title)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
(Name and Title)
By:
Office of General Counsel
By:
\
CITY OF
NORTH RICHLAND HILLS
Agenda Number:
9/8/97
GN 97-102
Subject:
Legal
Tarrant County Auto Theft Task Force Interlocal
Agreement - Resolution NO. 43
Council Meeting Date:
',- Department:
North Richland Hills Police Department is a member of the subject Task Force. The last Interlocal
Agreement was signed on July 22, 1996. This Task Force is totally funded by a state grant. A new grant
application is being made by Tarrant County and it is necessary for the parties to renew the agreement.
The other parties to the Agreement are Tarrant County, the Tarrant County Sheriff's Department, the
District Attorney and other Tarrant County Cities.
Recommendation:
It is recommended that the City Council pass Resolution No. 97-43 authorizing the Mayor to sign the
Interlocal Agreement.
k-
--
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budg
Other
r /LD~Si~
Acct. Number
Sufficient Funds Available
Fin...c:e Director
Page 1 of
RESOLUTION NO. 97-43
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 TARRANT COUNTY AUTO
THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT as the act and deed
of the City.
PASSED AND APPROVED this 8th day of September, 1997.
APPROVED:
Tommy Brown, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
THE STATE OF TEXAS
COUNTY OF TARRANT
I
I
I
THIS ORIGINAL
Executed by Tarrant County and
'The City or North RÌC'J"~nd RiIk
(NAME OF OTHER ENTITY)
by
THE TARRANT COUNTY AUTO THEFr
TASK FORCE INTERLOCAL AssISTANCE AGREEMENT
WHEREAS, the detection, apprehension, and prosecution of individuals who commit
auto theft is often hindered because the range of operations of the criminal offender is
greater than the jurisdiction of the peace officers called upon to investigate the crime; and,
WHEREAS, the existence of a multiplicity of political jurisdictions in Tarrant County
impedes the effectiveness of individual law enforcement agencies to detect and eradicate
auto theft; and,
WHEREAS, past experience has indicated that a cooperative effort between law
enforcement agencies and Tarrant County has been effective in detecting and deterring the
activities of targeted criminal groups to the mutual benefit of all the political entities of
Tarrant County; and,
WHEREAS, pursuant to Chapter 362, Texas Local Government Code, the Texas
Intergovernmental Cooperation Act, Chapter 741, Texas Government Code, Art. 4413 (37),
TEX. REV. CIV. STAT. ANN., an Act relating to the creation, powers and duties of the
Automobile Theft Prevention Authority, and the law of the State of Texas, the contracting
cities, the County of Tarrant, the Texas Department of Public Safety, the Tarrant County
Criminal District Attorney, and the Tarrant County Sheriff, hereby agree to participate in,
and be a part of a cooperative investigative and enforcement effort to be known and
designated as the Tarrant County Auto Theft Task Force; and,
THE TARRANT COUNTY Aura THKJrI' TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 1
WHEREAS, a grant of money from the Texas Automobile Theft Authority of the
G<>vernor's Office of the State of Texas has been received to fund the establishment of the
Tarrant County Auto Theft Task Force;
Now, THEREFORE, BE IT I(¡"JOWN BY THFSE PRESE.VfS:
THAT Tarrant County, acting by and through its duly authorized County Judge,
Criminal District Attorney of Tarrant County, and Sheriff of Tarrant County, and the
cities and other law enforcement entities (including the Texas Department of Public Safety)
that have executed, are executing, or will execute substantially similar copies hereof at this
time or in the future during the time that this agreement is in force, acting herein by and
through their duly authorized chief administrative officer or equivalent do hereby covenant
and agree as follows:
TASK FORCE
THE Tarrant County Auto Theft Task Force ("Task Fon:e") will be a part of the
Tarrant County Sheriff's Office for administrative purposes. Tbe activities of the Task
Force shall be supervised by a ten (10) member Board of Governors. This Board will
include as permanent voting members the Fort Worth Chief of Police, the Arlington Chief
of Police, the Tarrant County Criminal District Attorney, and a Chairperson, who shall be
the Tarrant County Sheriff. Additionally, the Board will consist of a Police Chief from a
:\-lid-Cities area police department, a Police Chief from a city with a population under
10,000, a Police Chief from a city with a population between 10,000 and 30,000, a Police
Chief from a city with a population over 30,000, a Police Chief representing the Western
Tarrant County cities of: Burleson, Benbrook, White Settlement, Lake Worth, Lakeside,
THE TARRANT COUNTY AUTO THKltYf TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 2
Pelican Bay, Azle, River Oaks, Crowley, Saginaw, and Blue Mound, and a Regional
Captain of the Texas Department of Public Safety's Motor Vehicle Theft Service. Ex officio
members, if any, may be added by agreement of the voting members; ex officio members
shall be non-voting. City population brackets may be changed by agreement of the Board
without the necessity of changing this agreement.
THE Board of Governors shall have the responsibility for policy, direction, and
control of the Task Force. The Board of Governors will have direct responsibility for the
selection of a Commander for the Task Force. The Board will monitor the activities and
accomplishments of the Task Force to ensure orderly progress towards attainment of all
stated objectives.
THERE will be one enforcement unit, which may form sub-groups or teams as
appropriate. The activities and investigations of these sub-groups or teams shall be directed
by the Commander of the Task Force. These sub-groups or teams will have the duties
assigned to them by the Commander.
AUTO TauT INVFSrIGATION
Alrro theft investigations within the jurisdictional bounds of the entities joining this
agreement may be coordinated through the Task Force. All commercial auto theft
intelligence received by a law enforcement agency that is a party to this agreement may be
referred to the Task Force for investigation. The Task Force will maintain intelligence
files. The assigned officers will respond to complaints in a timely manner.
THE TARRANT COUNTY Auro 'fø.Ktt-I· TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 3
AssET SEIzuREs
ALL asset seizures developed by the Task Force under Chapter S9 of the Code of
Criminal Procedure will be prosecuted by the Tarrant County Criminal District Attorney's
Office.
THERE is hereby created a certain fund to be know as the Auto Theft Task Force
Asset Seizure Funds, (hereinafter called "Fund" ,) said Fund to be created in compliance
with State law and the requirements of the grant restrictions.
FORFEITURE PoLICY
UPON entry of a judgment in a judicial proceeding awarding monies or other
proceeds to the Tarrant County Auto Theft Task Force, said monies or proceeds will be
immediately deposited in the Auto Task Force Asset Seizure Fund. The monies and
proceeds in this Fund must be used to further the purpose of the Task Force as required
by the Tarrant County Auto Theft Task Force Grant award: enhancement of currently
funded and/or future motor vehicle theft prevention programs.
ALL forfeiture funds shall be subject to audit by the Auditor of Tarrant County,
Texas.
ANY conveyance or vehicle that is the subject of a rmal forfeiture shall be awarded
to the Task Force to be used to further the purpose of the Task Force as required by the
Task Force grant award.
THE TARRANT COUNTY Auro Tun-.. TASK FORCE
INTERLocAL AssISTANCE AGREEMENT
Page 4
OFFICER STArnS
ANY law enforcement officer assigned to the Task Forœ by a governmental entity
which is a party to this agreement shall be empowered to enforce all laws and ordinances
applicable in the jurisdiction of the county and municipal entities signatory to this
agreement, including the power to make arrests, execute search warrants, and investigate
auto theft offenses outside of the geographical jurisdiction from which he or she is assigned,
but within the area covered by the jurisdictions of the county and municipal entities which
are parties to this agreement.
WHILE functioning as a law enforcement officer assigned to the Task Force, he or
she shall have all the law enforcement powers of a regular law enforcement officer of such
other political entity.
A law enforcement officer who is assigned, designated, or ordered by the official
designated by the governing body of any entity to peñorm law enforcement duties as a
member of the Task Force shall receive the same wage, salary, pension and all other
compensation and all other rights for such service, including injury or death benefits and
workers' compensation benefits, paid in accordance with the ATPA Grant Guidelines, as
existing or as may be amended, and applicable law, as though the service had been
rendered within the limits of the entity from which he or she was assigned. Recognizing
the benefits to a participating entity to this agreement, it is agreed that all wage and
disability payments, including workers' compensation benefits, pension payments, damage
to equipment (with the exception of leased vehicles, for which damages will be covered
under the provisions of the lease(s» and clothing, medical expense and expense of travel,
food. and lodging shall be paid in accordance with the A TP A Grant Guidelines, as existing
THE TARRANT COUNTY AUTO TauT TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 5
or as may be amended. However, peace officers assigned to the Task Force will not work
overtime that is not reimbursable to their assigning agency without prior approval from
their assigning agency supervisor. [For example, Fort Worth Police officers assigned to the
Task Force will not work overtime, which is not reimbursable to the Fort Worth Police
Department, without prior approval from their Fort Worth Police supervisor.] Instead,
they will be permitted to flex their work hours as necessary to accomplish Task Force
objectives and assignments.
IN further recognition of the benefit to be gained by the entity participating in the
Task Force, it is agreed that no entity that is a party to this agreement shall receive or be
entitled to reimbursement from another entity participating in this agreement for any
services performed pursuant to this agreement.
IT is further agreed that, in the event that any law enforcement officer assigned to
the Task Force is cited as a party defendant to any civil lawsuit, state or federal, arising
out of his or her official acts while functioning as a law enforcement officer assigned to the
Task Force, said law enforcement officer shall be entitled to the same benefits that such
officer would be entitled to receive had such civil action arisen out of an official act within
the scope of his or her duties as a member and in the jurisdiction of the law enforcement
agency from which he or she was assigned. Further, no entity shall be responsible for the
acts of a law enforcement officer of another entity assigned to the Task Force. Each entity
participating herein indemnifies and holds all other participating entities harmJess for all
acts of its own officers and employees acting hereunder, to the full extent permitted by law.
THE TARRANT COUNTY Auro 1ì:J.EI.·r TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 6
GENERAL PROVISIONS
THIS Contract is subject to all grant conditions applicable to the grant of the Texas
Automobile Theft Prevention Authority of the Governor's Office to the Tarrant County
Auto Theft Task Force.
EACH party to this agreement expressly waives all claims against every other party
for compensation for any loss, damage, personal injury, or death occurring as a
consequence of the performance of this agreement.
THIRD party claims against members shall be governed by the Texas Tort Claims Act
or other appropriate statues and laws of the State of Texas and the United States.
IT is expressly understood and agreed that, in the execution of this agreement, no
party waives, nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers
and functions.
THE validity of this agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the laws of the State of
Texas.
IN case anyone or more of the provisions contained in this agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision thereof and this agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
THIS agreement shall become effective as to a party hereto on the day of the
execution of the agreement by the party, and shall continue in effect as to a participating
THE TARRANT COUNTY Auro TtIEJ.I'T TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 7
entity for one year from the date of signature and thereafter until it has been terminated
or rescinded by appropriate action of the participating entity's governing body, or expires
due to termination of the grant or by operation of law. [To minimize the administrative
difficulty of signature between the many parties, each city or other law enforcement entity
will sign a substantially similar agreement with Tarrant County; however each party
signing substantially similar copies is immediately bound one to another to all other entities
participating during the time said agreement is in force as to said entity, even though the
parties' signatures appear on different copies of the substantially similar copies. Any entity
being added after the agreement is in effect need only sign the documents which Tarrant
County signs to be fully a party bound to all other parties, and such signature shall, as of
the date of the signing, have the same force and effect as between the joining and already-
bound members as if a single document was signed simultaneously by all then-participating
entities.]
IF program enhancement activities are terminated, unexpended revenues will be
promptly returned to the Automobile Theft Prevention Authority.
THIs agreement may be amended or modified by the mutual agreement of the parties
hereto in writing. The Interlocal Agreement is for the period and on the conditions herein
contained, and on such conditions to this agreement as may be added by amendment or by
law, and not for any period beyond that permitted by law, nor for any purpose not
permitted by law.
THIS instrument contains all commitments and agreements of the parties, and no oral
or written commitments have any force or effect to alter any term or condition of this
agreement, unless the same are done in proper form and in a manner constituting a bona
THE T ARRAN1' COUNTY AUTO Ttuuc-." TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 8
fide amendment hereto.
THE parties agree that their coUective agreement may be evidenced by the execution
of an identical counterpart of this instrument by the duly authorized omcial(s) of each
participant and the failure of any anticipated member to enter into or renew this agreement
shall not affect the agreement between and among the parties executing the agreement.
ACCEPTANCE OF RFsnuCTIONS
SIGNATURE of this Agreement constitutes acceptance of aU grant conditions, grant
restrictions, and the terms of aU applicable laws.
DPS COOPERATIVE WORKING AGREEMENT REoUIRED LANGUAGE
TInS is to certify that the objectives of the Tarrant County Auto Theft Task Force
as stated in its Grant Application for the fiscal year(s) covered by this agreement have been
reviewed and that it is mutually agreed to cooperate to whatever extent is necessary in
carrying out the work plan described in the application(s).
ADDmONALL Y, each participating agency and entity is cognizant of the grant and
agrees to abide by any and aU rules or special conditions in relation to the application.
BUDGETARY MATIERS
As part of this agreement, all participating entities entitled to reimbursement will
be reimbursed for their participation in this program by grant funds, through the grant's
financial officer (This is presently S. Renee Tidwell Auditor, Tarrant County, but is subject
to change by Tarrant County. If changed, the change will be made in accordance with the
THE TARRANT COUNTY AUTO T}D;I4wr TASK FORCE
IN'rERI...OCAL AssISTANCE AGREEMENT
Page 9
grant and all participating entities will be advised in writing.) according to the entity's
applicable submitted budget schedule, to the extent that the budget schedule is consistent
with the grant. To the extent that the budget schedule is inconsistent with the grant, the
grant controls.
PARTICIPATING entities may bill the fmancial officer for reimbursement monthly or
at such periodic intervals as are appropriate and in accordance with the grant.
CONFIDENTIAL FuNDs
THE Governor's Auto Theft Prevention Authority Fraud Guidelines, hereinafter
referred to as the ATPAFG, will be utilized for the disbursement and reimbursement of
confidential funds.
EOUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION
THE city law enforcement agency (or other law enforcement entity here signing along
with Tarrant County) certifies that:
EITHER the city law enforcement agency (or other law enforcement entity here
signing along with Tarrant County) employees 50 or more people and has received or
applied to the Automobile Theft Prevention Authority, Office of the Governor for total
funds in excess of $25,000, in which case the city law enforcement agency (or other law
enforcement entity signing along with Tarrant County) certifies that it has formulated an
equal employment opportunity program in accordance with 28 CFR 42.301 et seq., Subpart
E and that it is on me in the office of:
THE TARRANT COUNfY AUf 0 THEIn' TASKFoRCE
INTERLOCAL AssIsTANCE AGREEMENT
Page 10
Chief of Police
TITLE
7301 N E Loop 820
ADDRESS
North Richland Hills, TX 76180
or, if the above is left blank, the city law enforcement agency (or other law enforcement
entity here signing along with Tarrant County) certifies that it is not required by the terms
of this grant or the laws applicable thereto to have such a plan on me in order to
participate in this grant.
THE Tarrant County Judge certifies that:
T ARRA..Vf County employs 50 or more people and has received or applied to the
Automobile Theft Prevention Authority, Office of the Governor for total funds in excess
of $25,000; therefore, Tarrant County has formulated and equal employment opportunity
program in accordance with 28 CFR 42.301 et seq., Subpart E and that it is on me in the
office of:
GERALD WRIGHT
DIRECTOR OF HUMAN RESOURCES
100 East Weatherlord Street
Fort Worth, Texas 76196.
Said plan or plans are on file and available for review or audit by an official of the
Automobile Theft Prevention Authority, Office of the Governor as required by relevant
laws and regulations.
THE TARRANT COUNTY AUTO TUK1tT TASK FORCE
IN'rE1U...OCAL AssISTANCE AGREEMENT
Page 1 1
SIGNED ON THE DATES BELOW SHOWN.
WITNESSETH:
COUNTY OF TARRANT, TEXAS
TOM VANDERGRIFF,
COUNTY JUDGE
DATE
TARRANTCOUNTYSHE~'SDEPARTMENT
DAVID WILLIAMS,
TARRANT COUNTY SHERIFF
DATE
TARRANT COUNTY CRIMINAL DISTRICT A ITORNEY'S OFFICE
TIM CURRY,
CRIMINAL DISTRICT ATTORNEY
DATE
OTHER SIGNING ENTITY:
NAME OF ENTITY: CITY OF NORTH RICHLAND HILLS. TEXAS
SIGNATURE OF AUTHORIZED OFFICIAL
DATE
TITLE: MAYOR
APPROVED AS TO FORM AND LEGALITY:
A TTORNEY FOR ABOVE-LISTED DA TE
NON-COUNTY ENTITY
THE TARRANT COUNTY A TUO THEFT TASK FORCE
INTERLOCAL ASSISTANCE AGREEMENT Page 12
NONSUPPLANTlNG CERTIFICATION or PARTICIPATING
AGENCIES OTHEK THAN GRANTEE
TEXAS Civil Statutes, article 4413 (32a), section 6 (a) (7), requires that state funds
provided by this Act shall not be used to supplant state or local funds. Public Law 98-473
requires that federal funds provided by that Act shall not be used to supplant state or local
funds.
THE city law enforcement agency (or other law enforcement entity here signing along
with Tarrant County) certifies that A"A jiuub will1UJl H liutllD rqMee II1Ite or 10cIll
funds tJuIt would H tnailable in the absenee 01 ATPAfruub·
Chief of Police
TITLE
City of
North Richland Hills Police Department
(CITY OR LAW ENFORCEMENT ENTITY)
(Note: Tarrant County's certification is incorporated in each grantee's report of
expenditure and status of funds.)
(This form was last updated on June 5. 1996.)
THE TARRANT COUNTY Auro THEFr TASK FORCE
INTERLOCAL AssIsTANCE AGREEMENT
Page 13
PART V ASSURANCES FOR NON-COUNTY EN'ITI'Y
(Tarrant County's are included in the Grant Ap~)
Tbe Applicant hereby assures and certiftes that he will comply with the regulation, policies, guidelines
and requirements including OMB Circulars No. A-l22, A-llO, A-102, and A-¥!, as they relate to the
application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant
assures and certiftes to the grant that:
1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has
been duly adopted or passed as an offtcial act of the applicant's governing body, authorizing the
tiling of the application including an understandings and assurances contained therein, and
directing and authorizing the person identified as the oMclal representative of the applicant to
act in connection with the application and to provide such additional information as may be
required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (p. L. 88-352) and in accordance with
Title VI ot the Act, no person in the United States shall, on the ground ot race, color, or
national origin, be excluded from participation in, be denied the benefits ot, or be otherwise
subjected to discrimination under any program or activity for which the applicant receives
Federal F'mancial assistance and will immediately take any measures necessary to effectuate this
agreement.
3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d)- prohibiting
employment discrimination where (1)the primary purpose of a grant is to provide employment
or (2)discriminatory employment practices will result in unequal treatment of persons who are
or should be benefiting from the grant-aided activity.
4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (p. L. 91-646) which provides for fair and equitable treatment
of persons displaced as a result of Federal and federally assisted programs.
S. It will comply with the provisions of the Hatch Act which limit the poHtical activity of employees.
6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act, as they apply to hospital and educational institution employees of State and local
governments.
7. It will establish safeguards to prohibit employees from using their positions for a purpose that
is or gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business, or other ties.
8. It will give the sponsoring agency or the ComptroUer General through any authorized
representative the access to and the right to examine an records, books, papers, or documents
related to the grant.
9. It will comply with aU requirements imposed by the Federal sponsoring agency concerning
special requirements of law, program requirements, and other administrative requirements.
10. It will insure that the facilities under its ownership, lease or supervision which shall be utilized
in the accomplishment of the project are not listed on the Environmental Protections Agency's
(EP A) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt
THE TARRANT COUNTY AUf 0 T.liEl4-.' TASK FORCE
INTERLoCAL AssISTANCE AGREEMENT
Page 14
of any communication from the Director of the EP A OMce of Federal Activities indicatina that
a facility to be used in the project is under consideration for Ustina by the EPA.
11. It will comply with the ftood insurance purchase requirements of 102 (a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section
102 (a) requires, on and after March 2, 1975, the purchase of flood insurance in communities
wbere such insurance is available as a condition for the receipt of any Federal ftnancial
assistance for construction or acquisition proposed for use in any area that has been identifted
by the Secretary of the Department of Housing and Urban Development as an area having
special flood hazards.
The phrase "Federal ftnancial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance.
U. It will assist the Federal grantor agency in its compliance with 106 of the National Historic
Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-l et seq.) by (a) consulting
with the State Historic Preservation omcer on the conduct of investigations, as necessary, to
identify properties listed in or e1ig¡"ble for inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifyina the
Federal grantor agency of the existence of any such properties, and by (b) complying with all
requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon
such properties.
13. It will comply with the Uniform Grant and Contract Management Standards (UGCMS)
developed under the directive of the Uniform Grant and Contract Management Act of 1981,
Texas Civil Statutes, Article 4413 (32g).
14. It, if a county, has taken or will take action necessary to provide the Texas Department of
Criminal Justice and the Department of Public Safety any criminal history records maintained
by the county in the manner specified for the purposed of those departments.
NON-COUNTY ENTITY
ASSURANCES CERTIFICATION
I certify that the programs proposed in this application meet all the requirements of the
Texas Automobile Tbeft Prevention Authority Program, that all the information presented
is correct, and that the applicant will comply with the provisions of the Automobile Tbeft
Prevention Authority and all other federal and state laws, regulations, and guidelines. By
appropriate language incorporated in each grant, subgrant, or other document under which
funds are to be disbursed, the undersigned shall assure that the applicable conditions above
apply to all recipients of assistance.
/7
í '
I /
\ r7;'f /~ h~
Y'Aut Í'ized Official
~ TARRANT COUNTY AUTO THEFr TASK FORCE
INTERLOCAL AssIsTANCE AGREEMENT
-
8/4/97
Date
Page 15
-----"..,~,..~~ .,-
Department:
Revising Texas Parks and Wildlife Grant Resolution
Subject: . Agenda Number:
for the Thornbridge Neighborhood Park- Resolution No. 97-42
Parks and Recreation Department
Council Meeting Date:
9/08/97
GN 97-103
The City of North Richland Hills applied for matching funds for construction of the Thornbridge
Neighborhood Park.
The resolution for the grant apptication was adopted July 28, 1997. . The Texas Parks and Wildlife
Department required specific wording in the resolution dedicating ~e property for public park and
recreation purposes in perpetuity. This wording was inadvertently omitted from the resolution.
Adoption of the revised resolution is requested by the Texas Parks and Wildlife Department.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 97....2 authorizing the submittal of
a grant apptication to the Texas Parks and Wildlife Department for construction of Thornbridge
Neighborhood Park.
Finance Review
ì
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
Other
~;:;;:;d S~.ture
CITY COUNCIL ACTION
Finance Director
Page 1 of --L-
RLSOLu 11'- ~ N". .J/-42
A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HEREINAFTER
REFERRED TO AS "APPLICANT', DESIGNATING CERTAIN OFFICIALS AS BEING
RESPONSIBLE FOR, ACTION FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING
WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS
"DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION
AND PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE
"PROGRAM", CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM
ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY
AVAILABLE; AND DEDICATING THE PROPOSED SITE, THORNBRIDGE NEIGHBORHOOD
PARK SITE, FOR THE PUBLIC PARK AND RECREATIONAL USES.
WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks
and Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to
participate in the "Program"; and
WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and
WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for
the "Applicant" in dealing with the "Department" concerning the "Program";
THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES:
SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance
under the "Program".
SECTION 2: That the "Applicant" hereby certifies that the matching share for this
application is readily available at this time.
SECTION 3: That the "Applicant" hereby authorizes and directs the City Manager to act for
the "Applicant" in dealing with the "Department" for the purpose of the "Program", and Mr. Larry
J. Cunningham is hereby officially designated as the representative in this regard.
~EC ¡¡Oi... 4: T;¡a'A.;;pliœ;.t' ;¡c;:íeb)¡ ~ _......:ih.1,-..._.._-~ tile O¡U"IC:I¡ 1.- ..13,!>:'appHca:icn tc. the·,.
"Department" concerning the site to be known as Thornbridge Neighborhood Park for use as a
park. That Thornbridge Neighborhood Park is hereby dedicated (or will be dedicated upon
completion of the proposed acquisition) for public park and recreation purposes in perpetuity.
PASSED AND APPROVED this the 8th day of September 1997.
Tommy Brown, Mayor
ATTEST:
Patricia Hutson, City Secretary
BY:
Approved as to legal form:
Rex McEntire, Attorney for the City
BY:
"
CITY OF
NORTH RICHLAND HILLS
,___ Department: Economic Development
Council Meeting Date:
9/08/97
Amendment to ~fication for Tax Abatement
Dy lecno', Inc.- esolutlon No. 97-41
On June 23, 1997, the North Richland Hills City Council approved Resolution 97-25 for tax abatement
of $4.85 million in expansion and improvements to Teenal, Inc.'s headquarters and manufacturing
plant. Teenol officials have since notified City staff of the following changes in their original plans:
Subject:
Agenda Number:
GN 97-104
Expansion Plans
Total Cost
Employment (permanent, full-time
within 5 years of completion)
1. Original Plans:
27,000 sq. ft. office $4.85 million
27,000 sq. ft. manufacturing &
warehouse
210 (115 manufacturing, 60 professional,
35 administrative assistants)
2. Revised Plans:
54,000 sq. ft. $4.45 million
manufacturing & warehouse
160 (10 professional, 150 manufacturing)
While these changes result in fewer new jobs, Teenol has already made room in its North Richland
Hill's headquarters facility for one professional unit which was to be located in the office expansion.
1n relocating the 1O-employee Specialty Markets Division in the past two weeks, T acnol inaeased its
Ì\..
~ NRH-based payroll by $650,000.
Since these changes affect the economic value of Tecnol's expansion, staff has prepared an
amended Feasibility Study as required in the City's Guidelines & Criteria for Granting Tax Abatement.
Attached for your review, the revised Feasiblity Study reveals an economic impact that is still
substantial enough to recommend adoption of the amended abatement request.
In the original presentation, we did not consider the expansion's impad on the provision of City
services. The directors of the Finance (Utility Billing), Fire, Police and Public Works Departments
have been asked to analyze the service impacts of Tecnol's revised expansion- and we will share
their findings at the Council meeting on Monday.
RECOMMENDATION:
City staff recommends that Council approve Resolution No. 97-41, amending the application of
Teenol, Inc. for tax abatement and authorizing the City Manager to execute an Abatement Contract
with T~nol. Inr. . in ~C'.corrl8nce with the Guidelines and Criteria for Grantil1g Tax Abaæmem.
Finance Review
Acct. Number
Sufficient Funds Available
rtmen Head Signature
C"Y COUNCIL ACTION
Finance DtNcIor
Page 1 of
RESOLUTION NO: 97 -41
WHEREAS, the economic viability of the City of North Richland Hills depends on
the City's ability to attract new investment through the location of new industry and the
expansion of existing industry, and;
WHEREAS, the creation and retention of job opportunities that result from new
economic development is the highest civic priority, and;
WHEREAS, the Texas Property Redevelopment and Tax Abatement Act authorizes
cities that have adopted "guidelines and criteria" for the designation of reinvestment zones
for purposes of tax abatement to participate in such tax abatement, and;
WHEREAS, the City of North Richland Hills City Council readopted such Guidelines
and Criteria by resolution on March 24, 1997, and;
WHEREAS, the City of North Richland Hills City Council has designated Lot 5R 1,
Block 1 of the N.R.H. Industrial Park Addition on maps submitted to the City by Tecnol,
Inc., as a reinvestment zone, and;
WHEREAS, Tecnol, Inc. has requested tax abatements for improvements to be
constructed in the reinvestment zone, and;
WHEREAS, the planned property improvements will have an estimated total value
of $4,450,000 and within five years of the project's completion, Tecnol, Inc. will hire a
minimum of 160 additional permanent, full-time employees at the facility on which taxes
will be abated, and;
WHEREAS, the City Council finds that the request for tax abatement by Tecnol,
Inc., meets the applicable City Guidelines and Criteria, adopted March 24, 1997, and
requirements of the Texas Property Redevelopment and Tax Abatement Act, and;
WHEREAS, the City Council finds that the approval of the proposed tax abatement
will not have a substantially adverse effect on the provision of government services or tax
base, that the applicant has sufficient financial capacity to carry out the project, that the
planned use of the property does not constitute a hazard to public safety, health or morals,
and that the planned use of the property does not violate other codes or laws, and;
WHEREAS, the City Council has held a public hearing in compliance with the City
Guidelines and Criteria to provide other affected jurisdictions with an opportunity to show
cause to the City Council for denying the application for tax abatement by Tecnol, Inc., and
that no such cause was demonstrated, and;
WHEREAS, Tecnol, Inc. has agreed to meet certain additional requirements and
provisions of abatement guidelines and criteria of Tarrant County and any other local
taxing entity which chooses to grant such an abatement.
NOW, THEREFORE BE IT RESOLVED that the City of North Richland Hills City
Council does hereby supercede Resolution 97-25 and approve the application by Tecnol,
Inc. for tax abatement associated with the improvements described in its application for
such abatement, dated May 1, 1997, and;
BE IT FURTHER RESOLVED that the City of North Richland Hills City Council does
hereby authorize the City Manager to execute the contract and other documents, as
necessary, to implement the tax abatement agreement in accordance with the City
Guidelines and Criteria.
Tommy Brown, Mayor
City of North Richland Hills, Texas
ATTEST:
Patricia Hutson, City Secretary
TECNOL MEDICAL PRODUCTS, INC.
APPLICATION FOR TAX ABATEMENT
FEASIBILITY STUDY AND RECOMMENDATION
NORTH RICH LAND HILLS ECONOMIC DEVELOPMENT DEPARTMENT
SEPTEMBER 1997
The adopted Guidelines and Criteria for granting tax abatement in the City of North
Richland Hills require staff to perform a Feasibility Study setting out the impact of the
proposed reinvestment zone and tax abatement.
QUALIFICATIONS TO APPLY
Tecnol, Inc. qualifies to apply for tax abatement as a Manufacturing Facility. A
manufacturing facility is defined as "buildings, structures, fixed machinery or equipment,
the primary purpose of which is or will be the manufacture of tangible goods or materials
or the processing of such goods or materials by physical or chemical change".
Tecnol will be expanding and modernizing its headquarters plant by 54,000 sq. ft. (to
house manufacturing) and remodeling 24,000 sq. ft. for engineering and product
development.
In addition to the cost of construction, Tecnol plans to add personal property (which is
exempt from abatement) including office furniture, office equipment (including computers,
faxes, printers, copiers), manufacturing equipment and machinery, lockers and raw
materials.
As defined in our Guidelines & Criteria, expansion means "the addition of buildings,
structures, fixed machinery or equipment for purposes of increasing production capacity".
Modernization is defined as "the upgrading of existing facilities which increase the
productive input or output, upgrades the technology or substantially lowers the unit cost
of the operations. Modernization may result from the construction, alteration, or installation
of buildings, structures, fixed machinery or equipment".
IMPROVEMENTS
The proposed remodeling and expansion by Tecnol Medical Products, Inc. will be at the
company's headquarters/manufacturing facility at 7201 Industrial Park Boulevard.
In Stage I, Tecnol will remodel and reconfigure 24,000 sq. ft. Of existing manufacturing and
warehouse space for use by its Engineering, Product Development and Specialty Markets
Divisions (Stage I construction has been comp'leted and the Specialty Markets
Division has already relocated to the remodeled space).
Remodeling will include an extension of the current mezzanine storage space, addition of
1,000 sq. ft. of office space, addition of 1,400 sq. ft. of laboratory space, addition of
maintenance and machine validation space, upgrading of utilities and HV AC to service the
remodeled area and upgrade to meet ADA and Texas Accessibility Standards.
Expansion plans include constructing approximately 54,000 sq. ft. of manufacturing space
and additional space for parking.
Construction Start:
Anticipated Completion:
Construction:
Electrical:
HV AC/Plumbing:
Site Utilities:
Landscaping:
Fire Protection:
Demolition
Taxes, Bonds, etc.
May 1997
June 1998
$3,720,500
254,000
172,500
100,000
100,000
17,000
9,000
77,000
APPLICATION GUIDELINES/ECONOMIC QUALIFICATIONS
An applicant must submit the Application for Tax Abatement prior to the commencement
of construction. T ecnol's application qualifies as it was received on May 1, 1997.
For an expanded or modernized facility an applicant must invest not less than $1,500,000
in the facilities over a three year period. Tecnol's application qualifies as they expect to
invest $4.45 million.
An applicant must create and/or retain not less than 10 jobs associated with the production
of goods and services at the authorized facilities. Tecnol's application would qualify as
they anticipate adding 10 employees after completion of the Stage I improvements.
Likewise, Tecnol projects hiring another 150 employees over the next five years.
These 160 total new jobs will raise Tecnol's North Richland Hills employment base to
1 ,119 people.
APPLICATION REVIEW
The City received T ecnol's application on May 1, 1997. The application and accompanying
letter are attached for review.
All requirements to make application for tax abatement have been met. Included are:
a. Written Description of Project
b. Statement of Improvements
c. Map of Area
d. Time Schedule
e. Financial Information (included in the most-recent Annual Report)
ECONOMIC EFFECT
Tecnol's expansion and modernization will have a positive economic impact on the City of
North Richland Hills and it's citizens. Areas of impact include:
*
The creation of:
- 150 new manufacturing jobs
- 10 new professional positions
Based on Tecnol's internal survey of employee residency (July 1997), the
City may expect 27% (or 43) of these transfers or new employees to live
directly in North Richland Hills. According to the same survey, another 115
of the employees (or 72%) are likely to live in one of our six adjacent Cities.
*
$650,000 of direct payroll impact upon completion of Stage I construction
$3.15 million of total direct payroll impact within five years of the completion
of Stage II construction
*
An additional $750,000 in local bank deposits as a result of the new
manufacturing positions (according to a study done by Deloitte &
Touche/PHH Fantus)
According to the same study, 150 new manufacturing jobs will also have an
indirect impact of:
- 300 additional non-manufacturing jobs
- $2.55 million in additional payroll
- another $750,000 in additional bank deposits
*
An additional $60,000 in local bank deposits as a result of the new office
positions (Deloitte & Touche/PHH Fantus).
According to the same study, 10 new office jobs will also have the indirect
impact of:
- 7 ~ new service sector jobs
- $75,000 in additional payroll
- $25,000 in additional bank deposits
*
An increase in the City's personal and real property values, helping
strengthen North Richland Hills' economic base
*
An excellent match for the industrial, research and professional work force
available in and around North Richland Hills
In summary, the project is expected to have a total economic impact (direct and indirect)
of:
467 Yz new jobs (150 manufacturing, 10 office, 307 Yz service & non-
manufacturing)
$5.77 million in new or increased payroll within five years
$1.58 million in additional bank deposits
TAX IMPACT
Our guidelines for tax abatement allow for a 500% reduction in property taxes--on the
improvements only--over a 5 or 10 year period. Based on our existing tax rate of .57
cents, abatement on the increased value of $4,450,000 would abate $126,825 in taxes
over the life of the contract.
It should also be noted that taxes would not be abated on:
1) The existing structures owned by T ecnol Medical Products.
2) Land Value.
3) Personal Property.
FUTURE GROWTH
As noted in Tecnol's application, "The new Manufacturing area will allow for the growth of
the manufacturing activities of this facility necessitated by existing and anticipated sales
growth." Likewise, the remodeled space will house the company's Engineering & Product
Development groups, which "are responsible for the research, development and machine
design for all new and existing products which Tecnol manufactures."
A publicly-traded company, Tecnol is under the constant review of stockholders--and is
therefore working to stay on the cutting-edge of medical product design and marketing.
Moreover, these most recent improvements are a part of Tecnol 2000, the company's long-
term plan for its 72-acre headquarters campus. Tecnol also operates a 136,000 sq. ft.
Orthopedic Division Building (at 6625 Industrial Park Boulevard) in North Richland Hills--
which likewise has adjacent land available for future expansion.
RECOMMENDATION
After a comprehensive review of this material, the Economic Development Department
recommends that the Application for Tax Abatement submitted by Tecnol Medical
Products, Inc., be approved if there is a negligible impact on the delivery of City services.
",
,
~\, Re.. S.""eCtfUltx_SU.b ~itted,
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Marty ~tler
~
CITY OF
NORTH RICHLAND HILLS
1-
Department:
Parks and Recreation Department
Authorization for TxDOT to Bid North Electric Trail
Council Meeting Date: 9-8-97
Agenda NumbeßN 97-105
Subject:
TxDOT will be scheduling the North Electric Trail for bid letting soon. According to our
ISTEA Grant Agreement, TxDOT bids the project after our 22% share of the project cost
is delivered.
The TxDOT Engineering Department provides cost estimates for projects scheduled for
bidding. TxDOT requires that we deliver our balance of the 22%, plus any cost overages
based on their estimated cost of the project.
Our original project cost was $750,000, with our share being $165,000. After the budget
review for the 1997/98 CI P, TxDOT provided their revised construction cost estimate of
$1,098,951.54, representing an overage of $348,951.54 This estimate includes TxDOT's
fees of $102,594.34 for review of the plans, construction inspection of the project, and
materials testing. This is an estimated cost and the actual expenditure is expected to be
lower.
Prior to bidding the project, TxDOT is requesting that we deliver a check in the amount of
$497,451.54 which includes the estimated overage of $348,951.54, plus the balance of our
22% share of the project.
Included in the Park and Recreation CIP was funding in the amount of $306,250, leaving
a shortfall of $191,201.54
We have the following options:
Option 1.
Deliver the entire requested amount to TxDOT and expect to issue bids
within the next two months. According to TxDOT their administrative fees of
$102,694.34 represents 11 % of the construction cost. These fees have
actually been tracked on other projects at closer to 6%, which would reduce
our shortfall by $46,694, making our total anticipated shortfall $144,507.04.
Additionally, our consultant has estimated the construction cost at
$733,018.78, which is $200,566.12 less than TxDOT's cost estimate. If the
bids received were in line with Schrickle, Rollins, and Associates cost
estimate, we would be within our available funding.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
'\ Other
Finance Review
Acct. Number 09-92-28-6000
Sufficient Funds Available
r
~~
epartment Head Signature
CITY COUNCIL ACTION
ce DAelOI
Page 1 of
:J-
1-
r
CITY OF
NORTH RICHLAND HILLS
Option 2.
Delete an appropriate portion of the trail on the eastern terminus, across
Walker's Creek Park, including the bridge to connect to NRH20. This will
delay the bid date for the North Electric trail, in order to amend the plans and
specifications, and will delay installation of the bridge over Calloway Branch.
Option 3.
Change the beginning and ending points of both the North Electric Trail and
the Calloway Branch Trail, deleting the large bridge structure across
Calloway Branch from the North Electric trail project and adding this bridge
and trail section to the Calloway Branch Trail project. This will delay the bid
date for the North Electric Trail, in order to amend the plans and
specifications, andwill delay installation of the bridge over Calloway Branch.
RECOMMENT A TION:
Staff's recommendation is to proceed with Option 1. This will require submitting to TxDOT
the $497,451.04. Funding is available from cash reserves and unexpended project
balances to send the requested funds at this time and the CIP budget can be amended to
reflect a $200,000 increase in the proposed bond sale this fiscal year. If the bids are in line
with the cost estimate prepared by the consultant, we will be within our allocated funding,
and we will receive a refund from TxDOT upon completion of an audit at the end of the
construction. If the bids are as TxDOT estimates, we will be able to use the proceeds from
the increased bond sale or we may reject the bids received and amend the project limits
as discussed in Options 2 and 3.
TxDOT is prepared to bid the project once we deliver the requested funds.
Page ~ of ~
CIT'
;" >"
Department: City Secretary
',- Appointment to Park and Recreation FacIlities
Subject: Development Corporation
Council Meeting Date: 9/8/97
Agenda Number: GN 97-106
Since Mr. Sanford is no longer serving as City Manager, the City Council needs to appoint Mr. Larry
Cunningham as President of the Park and Recreation Facilities Development Corporation. Mr. Randy
Shiflet is currently serving as Second Vice President and should be appointed as First Vice President to
the Board.
Recommendation:
It is recommended that the City Council take action on the proposed appointments.
',,-
Finance Review
Source of Funds: Acet. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
Other
\~::?aátitti ~
\...,;7- Department Head Signature
CITY COUNCIL ACTION 'EM
Finance Director
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department: Police Department
Council Meeting Date: 9/8/97
Agenda Number: GN 97-107
Subject: Local Law Enfprcement Block Grant - Public Hearing
On June 23, 1997, the City Council approved the City's application for a Local Law Enforcement
Block Grant for the partial funding of a Police Officer position in the amount of $37,676. One of
the requirements of the Grant is a public hearing regarding the proposed use of funds allocated
under the Local Law Enforcement Grant program. GN 97-87 approved by City Council on August
25, 1997 set this public hearing for September 8, 1997.
Recommendation: Staff recommends that the City Council conduct the required public hearing.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
Acct. Number
Sufficient Funds Available
'--
Department Head Signature
CITY COUNCIL ACTION "E
Finance DlreClOl
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department: Finance / Fire Department
Council Meeting Date:
9/8/97
Subject: Authori7ation to PlJrch;:¡~A AlJtnm;:¡tir. F){fArn;:¡1 nAfihrill;:¡tnrs Agenda Number: PU 97-70
from Physio Control in the Amount of $15,103
The Fire Department has defibrillators manufactured by Physio Control installed in the
ambulances. Staff is requesting authorization to purchase five Lifepak 500 defibrillators for
installation on the fire trucks. The units are smaller and are manufactured by the same
company making them completely compatible with the present equipment in the
ambulances and at NRH20 water park. These units are specifically made to address the
needs of a person who has suffered a heart attack, and many times the fire truck will arrive
before the ambulance. The smaller unit is also used by the Texas Department of Health to
test Fire personnel for re-certification. Currently, the Fire Department must borrow a unit
for this training.
The cost for five Lifepak 500 external defibrillators will be $15,103. There are sufficient
savings in the 1996/97 budget to cover the purchase of these units.
"--
Recommendation: It is recommended City Council authorize the purchase of five Lifepak
500 automatic external defibrillators from Physio Control in the amount of $15,103.
Finance Review
Source 01 Funds:
Bonds (GO/Rev.)
:J1¿:¡' -X
- D.;jj~S;gnature
CITY COUNCIL ACTION 'EM
Acct. Number 01-90-03-6400
Sufficient Funds Available
FI...... DIntcIOf
Page 1 01
CITY OF
NORTH RICHLAND HILLS
Department: Finance I Public Works
Council Meeting Date:
9/8/97
Subject: Authori7ation to PlJr~ha~~ ~ign I ::¡h FI" I Jirm~nt Thrnl JOh ~t::¡t~genda Number:
of Texas Cooperative Purchasing Program in the Amount of $13,500
PU 97-71
The Public Works Department is having a substantial increase in the amount of signage
request and repair due to growth and vandalism of signs occurring in the City. In order to
increase productivity and the quality of signs produced, Staff is requesting authorization to
purchase a Sign Lab system. The system uses computer software that contains all the
regulatory and warning sign templates. The system also has the ability to design and store
street sign names, make the City logo, create emblems for City vehicles, banners and
ozone alert signs.
The Sign Lab system can be purchased from Chromatek through the State of Texas
Cooperative Purchasing Program in the amount of $13,500. All State competitive bidding
requirements will be met by ordering the system through this program.
With the purchase of this system, productivity would improve and there would be a quicker
response time for sign installation. The current system takes approximately two weeks to
make and install a sign. With the Sign Lab system it could be done within three days. The
material cost would be reduced and the type of material used with this system will last three
to four times longer than the current sign material. Staff feels the purchase of this
equipment will be both time and cost effective.
Funds are available in the 1996/97 approved budget to purchase this system.
Recommendation: It is recommended City Council authorize the purchase of the Sign Lab
system from Chromatek through the State of Texas Cooperative Purchasing Program in the
amount of $13,500.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
J
Finance Review
Acct. Number 01-60-04-6400
Sufficient Funds Available
Fi"""ce OlreClOt
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department: Finance I Support Services
Council Meeting Date:
9/8/97
Subject:
Award Bid for Poliœ Property Building to Speed Fab
Crete Corporation in the Amount of $345,150
Agenda Number: PU 97-72
Funds for the construction of the Police Property Building were approved in the 1994 Bond
Election. Formal bids were solicited for the construction of this building and the results are
outlined below.
Riverbend Contractors $461,032
Keck and Company $447,755
Marathon Contractors $422,127
Pete Durant and Associates $390,000
PDMS Nationwide $384,050
Speed Fab-Crete Corporation $345,150
The bid submitted by Speed F ab-Crete Corporation is within the approved budget. Their
bid met all the specifications and general conditions of the bid and they can complete the
project within 150 days.
Recommendation: It is recommended City Council award the bid for the Police Property
building to Speed Fab-Crete Corporation in the amount of $345,150.
Source of Funds:
Bonds (GO/Rev.)
Operating Budg
)ther
Finance Review
Acct. Number 20-80-01-6000
Sufficient Funds Available
Ignature
CITY COUNCIL ACTION
FllUlnce Director
Page 1 of
CITY OF
NORTH RICHLAND HILLS
l
Department: Finance / Support Services
Council Meeting Date:
9/8/97
Subject:
Award Bid for the Fire/PlJhli~ ~~fety RI Jildino to Pete
Durant and Associates in the Amount of $734,300
Agenda Number:
PI J Ç 7 -7~
Funds for the construction of the Fire/Public Safety Building were approved in the 1994
Bond EJection. Funds were authorized in the 1996/97 Capital Projects budget for this
project. Formal bids were solicited for the construction of this building and the results are
outlined below.
SSCI Construction $898,113
Marathon Contractors $876,200
RBR Construction $865,500
Tyson Building Corporation $798,353
The Ridgemont Company $781,167
G.L. Barron Construction $780,887
"- Pete Durant and Associates $734,300
Pete Durant and Associates met all the specifications and general conditions of the bid and
can complete the project in 240 days. This company has done work for the City in the past
and has always done quality work, stays within the budget and completes project within the
specified time.
Recommendation: It is recommended City Council award the bid for the construction of
the Fire/Public Safety Building to Pete Durant and Associates in the amount of $734,300.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
~¡j -
>] , tlA.»P ff~
Depa ead Signature
CITY COUNCIL ACTION
Acct. Number 20-80-04-6000
Sufficient Funds Available
Fin..... Oirector
Page 1 of
t·C'
.,;;,
-~-'~---:~7-'1
'----
Council Meeting Date:
9/8/97
ata Terminals From
Subject: Agenda Number: PU 97-74
The Police Department had 24 Motorola Mobile Data Terminals model number 9100-11 (MDT's)
installed in police vehicles in 1991 when the MDT System was activated. Those units ran at 4800
baud. Motorola changed operating protocols from MDC-4800 to RDLAP with the advent of the
9100-386 in 1995. The $8,400 per unit price, however, caused the 9100-386 to be replaced with
9100-T's that ran at 9600 baud but were ergonomically compatible with the 9100-11 system. The
9100-T's retailed for $5,700.
The 9100-T is now being replaced with the MWS-520 at a cost of $8,400 per unit. 9100-11 units
are not compatible with the 9100-T and MWS-520 units, but the latter two are compatible with
each other and therefore will continue to work on the same system so long as the MWS-520 is
made. Since Motorola has ceased manufacture of 9100- T's they are closing out the final run of
these units at $4,242 each are almost half what the list price of the new MWS-520, which will
become available in October 1997.
!\.,. '
The 9100- T (and MWS-520) are compatible with the Global Positioning Satellite (GPS) system
that is part of the new Computer Aided Dispatch (CAD) system currently under negotiation. This
is not true of the 9100-11 units.
No spare MDT's exist currently, making any marked Police unit with a broken MDT undrivable
since all radio calls are dispatched and acknowledged (en-route, on the scene, cleared) via MDT.
If spare units exist a "change out" could be accomplished in short order. The combination of
GPS capability, RDLAP compatibility, and the possibility of acquiring ten units to replace the eight
year old 91 00-11's at a cost of half what a "new" MWS-520 unit (that operates on the same
protocol) cost makes this a dollar-wise acquisition. Motorola typically supports the maintenance
of a discontinued product for seven to ten years. We have no reason to believe that this product
line will vary from the established practice, particularly since the same technology that drives this
old line will be incorporated in a yet-to-be released new line of products.
Because of the excellent cost savings involved, staff is requesting authorization to purchase ten
Motorola 9100- T MDT's for a total amount of $42,420. There are sufficient funds available in the
MDT equipment budget to purchase these units.
Recommendation: It is recommended that the City Council authorize the purchase of ten Mobile
Data Terminals from Motorola in the amount of $42,420.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
) r
Acct. Number
Sufficient Funds Available
U3-9U-00-5400
ent Head Signature
CITY COUNCIL ACTION
FINlnce Olrector
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Approve Payment of $13,000 to M.A. Vinson
Subject: Construction Co.. Inc. for the Rodger Line Drive
Parkway Restoration Project
Council Meeting Date:
9/08/97
Agenda Number:
PAY 97-11
The Rodger Line Drive Paving and Drainage project was completed in October 1996. Shortly
after the completion of the project, TU Electric installed street lights within the right-of-way
adjacent to the street. Representatives of TU Electric assured City staff the parkways would be
graded and sodded after the street lights where installed.
The TU Electric subcontractor did not repair the parkways. City staff notified TU Electric of the
condition of the parkway, and was assured they would be restored. After several months of
seeing no progress being made and after several telephone calls to the TU representative, City
staff offered to hire a contractor if TU Electric would reimburse the City for the cost. TU Electric
agreed.
M.A. Vinson Construction Co., Inc. was hired by the City to do the necessary grading and sod
replacement work. This work is now complete and has been inspected by the City.
Funds are available in the Street Fund on an interim basis to pay this cost. TU Electric has
agreed to reimburse the City within 60 days.
'r-
Recommendation:
Staff recommends Council approve payment in the amount of $13,000 to M.A. Vinson
Construction Co., Inc.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
a h r
Acct. Number
Sufficient Funds Available
13-23-31-6000
Fin....,. Oil.ClOt
Page 1 of
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49
M.A. VINSON CONSTRUCTION CO., INC.
P.O. BOX 185577
FORT WORTH, TEXAS 76181
(817)-284-9802
FAX/METRO (817)-589-2094
August 20, 1997
Mr. Ken Matheson
City of North Richland Hills
P. O. Box 820609
N. Richland Hills, Texas 76182-0609
RE: Roger Line Drive Parkways
From ST A. 7+85 to 18+00
Invoice for furnishing all labor, equipment, and material to rework parkway
section as described by Alternate "C" in the letter dated May 23, 1997.
Alternate "C"
Extra Work Per Agreement
Lump Sum $10,000.00
.$ 3,000.00
$13,000.00
Total Amount Due:
Sincerely,
M.A. Vinson
MAV/spv
(file: nrhrog1)
(j~J !/av.
BUS. 817f284-9802
P. O. BOX 18520
FORT WORTH. TEXAS 76118
RES,817594·7917
Mr. Ken Matheson
City of North Richland Hills
P.O. Box 820609
N. Richland Hills, Tx. 76182-0609
Na y 23, 1 997
RE: Roger Line Drive Parkways
From STA. 7+85 to 18+00
Approx. 1500 Square Yards
Dear Ken,
We propose to
material to rework
alternates.
furnish all necessary labor, equipment, and
parkway section as described by the following
Alternate "A" Remove and haul off
to section and place new bermuda sod.
existing grass, regrade
Lump Sum $15,000.00
Alternate "B" Remove
to section and hydromulch.
and haul off existing
Lump Sum $10,000.00
grass,
regrade
Alternate "C"
sod as needed.
Hand rake, clean and mow.
Lump Sum $10,000.00
Add soil and spot
Sincerely, '\ ...
LAL(?q, Uv n-;-.--
M.A. Vinson
MAV/spv
t.cntTactor: - , .
Agreement No:
Task Request No:
ÛJnfirming Verbal Request Dated: ~') /2- 5/ 7 7
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TASK REQUEST FORM
Upon receipt of this Task Request. CONTRACTOR is hereby authorized to perform the Wark identified
herein on behalf of COMPANY pursuant to the terms and cr:mditions crmtained in the above referenced
Agreement.
PROJECT DESCRIPTTO~ ' 6&.E¿ _L/A..)<!!::- A2ð' -¿:.,A ~DsCT9AÆJG
JOBSITE &o-rH C,qLLA~y q¿,. PROJECTID NO.
,é!!ð6é:¿ ¿/UE ÆO:
SCOPE OF WORK
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The Work shall be performed in accordance with the drawings. specfications and instructions. if any.
attached hereto and identified in the Ust of Attachments set (orth herein. and will be scheduled as
required through the direction of COMPANY's Authorized Representative a~ identified heretn.
Authorized Representative
Pnone Number (} .
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The Work shall commence by
SCHEDULE
~
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---
UST OF ATTACHMENTS
COMPANY and CONTRACTOR agree that the following described attaChments. if any. are incorporated
herein in their entirety as fully as completely rewritten herein.
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This Task Request Form is issu~
on beh~I'J'COMPA~
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Name:CEð~C I'~ ~ALJ~1(4w'
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CODles Sent To:
CONTRACTOR
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 9/08/97
Approve Final Pay Estimate No. 5 in the Amount of
Subject: $8.818.66 to Yoko Construction, Inc for Miscellaneous Agenda Number: PAY 97-12
Drainage Improvements
This project was awarded by Council on November 11, 1996 (PW 96-51) for $136,426.50 to Yoko
Construction, Inc. Final payment will make the contractor's total earnings on the project
$124,769.80. This is $11,656.70 under the contract amount. The savings is primarily due to
unused miscellaneous contingency funds set up for this project.
The $11,656.70 also includes a $7,600.00 fine charged to the contractor for liquidated damages.
The project was substantially complete on June 20, 1997, which is 19 days over the contract
completion date. The delays were caused by the contractor pulling off this project to work on a
project in another city. The contractor was repeatedly warned about the remaining time by staff,
but failed to complete the project before the contract completion date. The project is now totally
complete with all final adjustments having been made.
Funding Source:
Sufficient funds of $227,900 (engineering - $32,000 and construction - $195,900) was
appropriated by Council with the approval of the 1996/97 CIP Budget.
Recommendation:
Staff recommends Council approve final payment to Yoko Construction, Inc. in the amount of
$8,818.66.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
o er.
Finance Review
Acct. Number _ 13-53-04-6000
Sufficient Funds Available
FlnllnC8 OIteClot
Page 1 of
~JJ3
------..---.--..--.-....-.., ..~-~---
Hannon Engineering, Inc. --'
August 29, 1997
Mr. Mike Curtis, P.E.
Public Works Department
City of North Richland Hills
P.o. Box 820609
North Richland Hills, Texas 76182-0609
Re: Recommendation for Payment - Final Contract Period
Miscellaneous Overland Relief Projects
Dear Mike:
Attached are Yoko Construction's Final Pay Estimate #5 for the
period ending August I, 1997 and my Construction Report dated
August 28, 1997. The contractor's pay request in the amount of
$16,418.66 has been received and the quantities verified and
approved by your construction representative, Mr. Ken Matheson. I
concur and recommend the payment less any liquidated damages that
may be assessed against this contract.
The contract for this work was awarded to Yoko Construction at the
regular city council meeting of November 11, 1996. The pre-con-
struction meeting was held on Monday December 2, 1996 at which time
the contractor was give notice to start construction on Monday
December 16, 1996. The contract period was 120 calendar days with
the contract period running through April 14, 1997. Per the con-
tract, no extension of time is granted for holidays. There is also
no extension of time allowed for weather delays unless those delays
exceed the "normal" weather delays as scheduled in the contract.
The contract was certified as substantially complete 67 days late
on contract day 187, June 20, 1997.
Delay days are tabulated as follows:
MONTH
~ Dec.
January
February
March
April
May
~ June
TOTALS
Scheduled
Delays
3
7
7
7
8
9
3
44
Actual
Delays
9
7
17
22
17
13
7
92
Over/(Under)
6
o
10
15
9
4
4
48 days over
1245 Southridge Court #204
Civil Engineers & Planners
Hurst, Texas 76053
817/268-6600 (metro)
Mr. Mike Curtis, P.E.
Miscellaneous Overland Relief Projects
Contractor's Estimate No.5 and Final
August 29, 1997 - Page 2 of 2
Based on the above tabulation, the contractor is entitled to 48
days of extension for weather delays beyond the normal scheduled
delays. In the absence of any other valid claims for delays beyond
the contractor's control, the calculated liquidated damages would
be: (67-48=19) days at $400 per day = $7,600.00.
The total contract earnings for this project, prior to the deduc-
tion of liquidated damages, is $132,369.80 or $4,056.70 less than
the original contract price of $136,426.50. Most of the savings
can be attributed to unused contingency funds allocated in the
contract.
Should the council assess the full amount of the liquidated dam-
ages, the total contract earnings for this project, after the
deduction of liquidated damages, would be $124,769.80 or $11,656.70
less than the original contract price of $136,426.50. The result-
ing final payment to the contractor would be $16,418.66 less the
computed liquidated damages of $7,600.00 = $8,818.66.
If you have any questions, please feel free to call.
Sincerely,
HANNON ENGINEERING, INC.
~=~~~
Mark B. Ha:n·· ., P.E.
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