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CC 1994-08-22 Agendas
e - - Page 2 NUMBER ITEM ACTION TAKEN 7. Other Items 8. *Executive Session (20 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 9. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. . - . e CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA AUGUST 22, 1994 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. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting August 8, 1994 5. Presentations by Boards & Commissions Park and Recreation Board Minutes 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (8,9,13,14,15,17,18,19, 20,21,22, & 23) , * 8. PS 94-30 Request of Howard Stiles for Short Form Final Plat of Stile Addition (Located in the 8900 Block of Rumfield Road) e e - Page 2 NUMBER ITEM ACTION TAKEN * 9. PS 94-31 Request of John Volkman for Replat of Lots 24R-3SR and 41 R-57R, Block 2, Stonybrooke South Addition (Located Between Odell Street and Ruthette Drive) 10. PS 94-33 Public Hearing to Consider Changing the Name of "Edison Drive" to "Road to the Mall" - Ordinance No. 2001 11. P S 94-40 Public Hearing to Consider Revisions to the Master Thoroughfare Plan Regarding Wilson Road - Ordinance No. 2002 12. PS 94-41 Public Hearing to Consider Revisions to the Master Thoroughfare Plan Regarding Simmons Drive - Ordinance No. 2003 *13. GN 94-99 Council Findings in Connection with Bond Requirements - Resolution No. 94-41 (Postponed at the S/S/94 Meeting) *14. GN 94-100 Vacate a Portion of an Existing Easement on Stonybrooke Addition, Lot 7, Block 14 - Ordinance No. 2004 *15. GN 94-101 Contract Authorizing NETS Funding ~ . . e Page 3 NUMBER ITEM ACTION TAKEN 16. GN 94-102 Public Hearing on Proposed 1994/95 Budget *17. GN 94-103 Consideration of Action on All Matters Pertaining to the Award and Sale of $180,000 in City of North Richland Hills, Texas, Public Property Finance Contractual Obligations, Series 1994 - Ordinance No. 2005 *18. GN. 94-104 Household Hazardous Waste Collection *19. PU 94-65 Authorize Purchase of Additional Mobile Video Systems *20. PU 94-66 Award Bid for Construction of Glass Entry Enclosure at the Animal Control Building *21. PU 94-67 Approve Budgets for Two Traffic Light Synchronization Projects *22. PU 94-68 Ratify Purchase of Property for City Hall Expansion Project - Lot 5, Block 32, Richland Oaks Terrace Addition . . . . e Page 4 NUMBER ITEM ACTION TAKEN *23. PAY 94-20 Approve Final Pay Estimate No. 3 in the Amount of $8,022.54 to Tri-Tech Construction, Inc. for Teakwood Court Drainage Improvements 24. Citizens Presentation 25. Adjournment --- POS-:~::J Y-/l-CJC/ Dát~ //'6,3, â m. Time ~~ ;;;;= . N@RTH RICHLAND HILLS Office of the City Secretary August 19, 1994 ITEM ADDED TO THE AUGUST 22,1994 CITY COUNCIL AGENDA: 18a. GN 94-105 Authorization to Solicit Bids for the Green Valley Soccer Complex and Community Park . ~~~ anette Rewis -' City Secretary PO"~~" ~1:... J 17 '0 £ ,4 /(.: <.¡ Date .~ 5' ù-< . i~ n, fl1 Time CIty Secretary ~¡~7 J/¡~, .301 N,E, Loop 820 P,o, Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5502 FAX (817) 581-5516 e NOTICE OF MEETING NOTICE is hereby given that the City Council of the City of North Richland Hills, Texas will meet at 7:30 o'clock P.M. on the 22nd day of August, 1994, at City Hall, 7301 N. E. Loop 820, North Richland Hills, Texas, and during such meeting will consider all matters incident and related to providing for the execution and delivery of $180,000 "City of North Richland Hills, Texas, Public Property Finance Contractual Obligations, Series 1994", dated August 15, 1994, including the passage and adoption of an ordinance providing for the execution and delivery of such obligations and approving and authorizing the execution of a Paying Agent/Registrar Agreement. . 7~/;J ¿[tV Ú?¿ /Jú¡..s¿/J'v Administrative Officer r- POSTED J~/Ji« Date d: ¿lZJ ¡J/J1. time .~---- City Secreta,,: (//]) L I. .;~ ~: -.-.,.--..- _ 0014130 e - e ~ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - AUGUST 8, 1994 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order August 8, 1994 at 7:30 p.m. ROLL CALL Present: Tommy Brown Lyle E. Welch Jo Ann Johnson Ray Oujesky Byron Sibbet Linda Spurlock Mayor Councilman Councilwoman Councilman Councilman Councilwoman Staff: Rodger N. Line C.A. Sanford Randy Shiflet Jeanette Rewis Rex McEntire Greg Dickens City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer Absent: Mack Garvin Mark Wood Councilman Mayor Pro Tern 2. I NVOCA TION Councilman Sibbet gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING JULY 25, 1994 APPROVED e e e August 8, 1994 Page 2 Councilman Oujesky moved, seconded by Councilman Sibbet, to approve the minutes of the July 25, 1994 meeting. Motion carried 5-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS None. 6. PRESENTATION OF PROCLAMATION Mayor Brown presented Larry and Merium Giles, with a proclamation honoring them for helping the City exceed 50,000 in population. 7. PRESENTATION OF "KEEP TEXAS BEAUTIFUL" AWARDS Ms. Jane Dunkleburg presented the City with a "Keep Texas Beautiful" plaque. Ms. Dunkelburg presented the following with awards: Cynthia Busch, Huskey Crusaders - 1994 Ruthe Jackson Youth Leadership "Merit Award" Cynthia Busch - 1994 Sadie Ray Education "Merit Award" Adrianne Pamplin, Mid Cities Daily News - 1994 Media "Citation Award" Laura Grae Kilborn, Fort Worth Star Telegram - 1994 Media "Citation Award" 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Sibbet removed Item 21 from the Consent Agenda. 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (12,13, 14,15,16,17,19,20,23,24,25,26,27&28) APPROVED e August 8, 1994 Page 3 Councilwoman Johnson moved, seconded by Councilman Oujesky, to approve the Consent Agenda. Motion carried 5-0. 10. PZ 94-11 - PLANNING & ZONING - PUBLIC HEARING REQUEST OF VENTURE STORES TO REZONE LOT 2R1, RICHFIELD PLACE COMMERCIAL ADDITION, A PORTION OF LOT 2, BLOCK 25, CLEARVIEW ADDITION AND TRACT 13F WALLACE SURVEY, ABSTRACT 1606 FROM LR LOCAL RETAIL, C-1 COMMERCIAL, R-7-MF MULTI-FAMILY RESIDENTIAL AND PD-11 TO C-2 COMMERCIAL ORDINANCE NO. 1999 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to come forward. e Mr. Bill Dahlstrom, representing Venture, appeared before the Council. Mayor Brown called for anyone wishing to speak in opposition to this request to come forward. No one appeared. Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilwoman Johnson, to approve Ordinance No. 1999 with the stipulation that any warehouse doors and/or automotive or truck repair facility must face commercial property, or any property to the east, west or south. Motion carried 5-0. e August 8, 1994 Page 4 e 11. PZ 94-12 - PLANNING & ZONING - PUBLIC HEARING REQUEST OF HOWARD STILES TO REZONE A PORTION OF TRACT 18A4, RICHARDSON SURVEY, ABSTRACT 1266 FROM AG AGRICULTURE TO R-2 SINGLE FAMILY RESIDENTIAL ORDINANCE NO. 1998 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Mr. Stiles, applicant, appeared to speak in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. Mrs. Myrtis Byrd, 7312 Hialeah, appeared before the Council. Mrs. Byrd had questions pertaining to the septic tank and easement for Rumfield Road. e Staff advised that the septic system would have to be approved by the County. The easement for Rumfield would be shown on the plat at the time of platting. Councilman Oujesky moved, seconded by Councilman Sibbet, to approve Ordinance No. 1998. Motion carried 5-0. *12. PS 94-26 - REQUEST OF H. MITCHELL ENTERPRISES FOR FINAL PLAT OF SOUTH RIDGE ESTATES APPROVED *13. PS 94-27 - REQUEST OF GEHAN HOMES FOR REPLA T OF LOTS 5 AND 6, BLOCK 6, COVENTRY PLACE ESTATES APPROVED e e e e August 8, 1994 Page 5 *14. GN 94-91 - APPROVE "NO PARKING" ZONES ON BROWNING DRIVE ORDINANCE NO. 1997 APPROVED *15. GN 94-92 - AUTHORIZATION TO FILE EMINENT DOMAIN PROCEEDINGS RESOLUTION NO. 94-38 APPROVED *16. GN 94-93 - RELEASE OF STREET ASSESSMENT LIEN RESOLUTION NO. 94-40 APPROVED *17. GN 94-94 - MUNICIPAL SERVICES BUREAU CONTRACT AMENDMENT APPROVED 18. GN 94-95 - APPOINTMENT TO PLANNING & ZONING COMMISSION & CAPITAL IMPROVEMENTS ADVISORY COMMITTEE APPROVED Mayor Brown appointed Ms. Jill Spicer to the Planning and Zoning Commission and the Capital Improvements Advisory Committee. Councilwoman Spurlock moved, seconded by Councilman Welch, to approve the Mayor's appointment of Ms. Jill Spicer to the Planning and Zoning Commission and the Capital Improvements Advisory Committee. *19. GN 94-96 - SET DATE AND TIME FOR PUBLIC HEARING FOR 1994/95 BUDGET APPROVED e e e August 8, 1994 Page 6 *20. GN 94-97 - TEXAS INSTRUMENTS' EXTENDED PERMIT FOR USE OF GREEN VALLEY RACE TRACK APPROVED 21. GN 94-98 - AMENDMENT TO ORDINANCE NO. 1921 - ROAD HUMPS ORDINANCE NO. 2000 APPROVED Councilman Sibbet moved, seconded by Councilman Welch, to approve Ordinance No. 2000 with the stipulation that the required number of cars remain at 500. Motion failed by a vote of 3-2; Councilwomen Johnson and Spurlock and Councilman Oujesky voting against and Councilmen Welch and Sibbet voting for. Councilwoman Spurlock moved, seconded by Councilman Sibbet, to approve Ordinance No. 2000 with the following amendment: Add Section B3g - A street used as a bypass (non-destination traffic) or close proximity to a school zone will qualify. The City Manager will make the decision whether the street is a bypass or cut thru with a volume of at least 300 cars. Motion carried 5-0. 22. GN 94-99 - COUNCIL FINDINGS IN CONNECTION WITH BOND REQUIREMENTS RESOLUTION NO. 94-41 POSTPONED Councilman Oujesky moved, seconded by Councilwoman Johnson, to postpone GN 94-99. Motion carried 5-0. *23. PU 94-64 - PURCHASE OF ADDITIONAL SHELVING FOR THE LIBRARY APPROVED e August 8, 1994 Page 7 *24. PW 94-28 - APPROVE CONSTRUCTION AGREEMENT WITH THE TRINITY RIVER AUTHORITY FOR 24-INCH WATER MAIN RELOCATION ON PRECINCT LINE ROAD RESOLUTION NO. 94-39 APPROVED *25. PW 94-29 - RATIFY CONTRACT FOR ASPHALT MILLING APPROVED *26. PAY 94-17 - APPROVE FINAL PAY ESTIMATE NO.1 TO GOOD CONSTRUCTION COMPANY FOR EXCAVATION AND STABILIZATION OF HOLIDAY HEIGHTS ELEMENTARY SCHOOL NORTHWEST PARKING LOT APPROVED e *27. PAY 94-18 - APPROVE FINAL PAY ESTIMATE NO.3 TO D.B. UTILITIES FOR TRENCHING ON CALLOWAY BRANCH 21-INCH PARALLEL SEWER IN THE AMOUNT OF $17,360.00 APPROVED *28. PAY 94-19 - APPROVE FINAL PAY ESTIMATE NO.3 IN THE AMOUNT OF $6,976.60 TO JESKE CONSTRUCTION CO., INC. FOR STONYBROOKE SOUTH CHANNEL IMPROVEMENTS APPROVED 29. CITIZENS PRESENTATION Mr. West thanked the Council for the road humps on Meandering Drive. Mr. Joseph Moreno appeared before the Council and stated that he lives in Haltom City behind Iron Horse Golf Course. He stated that his mother had been hit in the mouth by a golf ball that was hit from Iron Horse. Mr. Moreno stated that they had been having legal problems with the golf course and that his mother needed to be taken care of. e Mr. Sanford stated that the golf course was managed by a management company and their insurance company needed to be contacted. I August 8, 1994 Page 8 e Mr. Moreno stated he had contacted the insurance company and they would not pay the bill. Mr. McEntire, Attorney for the City, advised Mr. Moreno the City was not responsible. Mrs. Myrtis Byrd, 7312 Hialeah, appeared before the Council. Mrs. Byrd asked how many people had to sign to have road humps put on a street. Mayor Brown advised Mrs. Byrd to contact Mr. Dickens and he would advise her of the requirements. The Mayor recognized members of Troop 303 of the Boy Scouts. 30. ADJOURNMENT e Mayor Brown adjourned the August 8, 1994 meeting. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary e e MINUTES OF THE PARKS AND RECREATION BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL CHAMBER OF CITY HALL AT 7301 NORTHEAST LOOP 820 JUNE 20, 1994 - 6:30P.M. ATTENDANCE Present: Sharon Battles Rick Work Ann Perchard Denny Stout Pam Jackson Vice Chairwoman Board Member Board Member Board Member Board Member STAFF: Jim Browne Bill Thornton Monica Sue Walsh Gina Gonzalez · Director of Community Services Parks and Public Grounds Manager Recreation Manager Administrative Secretary Absent : e Don Tipps J. Douglass Davis Bobbie Lambert Chairman Board Member Board Member 1. CALL TO ORDER Ms. Battles called the meeting to order June 20, 1994 at 6:34P.M. y- 2. APPROVAL OF THE MINUTES (Passed 4-0) Ms. Perchard made a motion, seconded by Ms. Jackson, to approve the minutes of the May 3, 1994 meeting. Motion carried 4-0. 3. PARKS, PUBLIC GROUNDS, AND CIP REPORTS Mr. Thornton provided a report of continued maintenance to all parks, public grounds, and special projects covered by both divisions. e - 4. RECREATION, ATHLETICS AND SENIOR ADULT SERVICES Ms. Walsh provided a report of activities in recreation, athletics, and senior adult services. Ms. e Walsh also mentioned that Ms. Rollins, Recreation Supervisor has submitted her resignation to go into another field and that applications were being accepted for that vacant position. 5. NAMING OF PARK AND RECREATION FACILITIES (Passed 4-0) With numerous projects coming on line in the very near future, the Board reviewed the submitted memorandums and Ordinance #1866 on the naming of park and recreation facilities. Discussion was held. Ms. Perchard made a motion, seconded by Ms. Jackson for staff to modify the previously submitted proposed Ordinance 1888 into a department policy, subordinate to existing Ordinance #1866, for naming park and recreation facilities, with the exception of the family aquatic park. Staff is requested to pursue hiring a marketing firm to develop a name and logo specific to that facility (like "Iron Horse" Golf Course) which can serve as the basis for a successful marketing program. . Motion carried 4-0. 6. OTHER ITEMS NOT ON AGENDA Mr. Browne submitted to the Board a copy of the Informal Report to Council (94-89) for their review and explained the status the City is at with the U.S. Army Corps of Engineers, EPA and the Texas Parks & Wildlife Department. An answer should be known by the end of the week of June 20. e The City is acquiring an additional 56 acres (for $215,000) on Little Bear Creek which will enhance the linear park development. 7- The July meeting will be held, if needed, in mid-July instead of the first Monday, which is the Fourth of July. 7. ADJOURNMENT (Passed 4-0) Mr. Stout made a motion, seconded by Ms. Jackson, to adjourn the meeting at 7:15 P.M. Motion carried 4-0. ~ AahtL'A/ Sharo Battles, Vice Chairperson e CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections - Council Meeting Date: 8/22/94 Subject: Request of Howard Stiles for Short Form Final Plat of Stiles Addition. (Located in the 8900 block of Rumfield Road) Agenda Number: PS 94-30 Mr. Howard Stiles and Ms. Debra Taylor are the owners of a 2. 16-acre tract of land located in the 8900 block of Rumfield Road, just east of Eden Road. Mr. Stiles approached the City in March 1994 regarding constructing his house on part the property. Mr. Stiles appeared before the City Council regarding several development requirements in May 1994. It was the consent of the Council that Mr. Stiles could develop the property. Mr. Stiles was advised by staff that the next step would be to apply for a zoning change and subdivision plat (see attached letters). He has submitted a Short Form Final Plat of the property, dividing the property into two lots. The following are the issues related to this particular plat: I. A portion of the property has frontage on a private gravel road, which will eventually become Rumfield Road as the road is extended to the east. One of the requirements of the Subdivision Regulations is that the building lot front on a paved dedicated public right-of-way which is connected with an existing paved public r.o.w. This would require that Mr. Stiles pave approximately 400 feet of an existing gravel road to provide an all-weather surface for emergency vehicle access. However, it was the position of the Council that Mr. Stiles could develop the property without paving this roadway provided that he executed a hold harmless agreement to relieve the City of any liability in the future should an emergency vehicle be unable to access his property during inclement weather. The City Attorney has prepared this document and is obtaining the signatures of the owners. 2. Mr. Stiles is dedicating 35-feet of right-of-way across the frontage of Lot 2 for the future extension of Rumfield Road. Rumfield Road is designated as an M4U Minor Arterial, requiring an ultimate right-of-way width of 70 feet. The owners are also dedicating an additional 5-feet of right-of-way along Kirk Lane, designated as an R2U Residential street. Since both roads are unimproved, a covenant will need to be signed by the property owners agreeing to pay their fair share of the costs for the future paving and drainage improvements for Rumfield Road and Kirk Lane. The City Attorney has prepared this document and is obtaining the signatures of the owners. 3. Lot 2 is over 300 feet from a public sewer. Since the lot is over one acre in size, a septic tank and lateral field could be allowed in this situation, according to the Subdivision Regulations. The design of the system must meet Public Works criteria. 4. The Planning and Zoning Commission expressed concern regardmg the right of access to Lot 2. The Commission requested Mr. Stiles to provide an access easement from the adjacent property owner or provide documentation that some type of access easement exists. There was a court case in the mid-1980's in which a judge declared the gravel road to be a "public road" with rights of access for adjacent property owners. A reference to this court case is shown on the plat. The owner has agreed to all engineering comments. The Planning and Zoning Commission considered this request at its August I I, 1994 meeting and recommended approval subject to engineer's comments, a 5-foot right-of-way dedication along Kirk Lane, the signing of the necessary covenants and indemnification documents, and the notation on the plat concerning right of access to the property . RECOMMENDA nON: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other . _ "':~h.-- Departm ead Ignature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available !%F ;<:: 11ð-~ City Manager . Finance Director Page 1 of . General Information A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. Prop. Use Water and Sewer A. Lines . B. Fire Coverage Streets and Thoroughfares A. Thor. Plan B. Improvements C. Extensions D. New Streets E. Street Lights F. Access G. Sidewalks . H. Screening Walls I. New Street Names Subdivision Plat Review Fact Sheet Case Number PS 94-30 Howard and Gracie Stiles, Irving TX & Debra and Herbert Taylor, NRH TX same none Spooner & Associates, Hurst TX 2.1578 acres 2 1.08 dwelling units/acre AG Agriculture (proposed R-2 on south halt) Single family dwellings This property is served by a 16-inch water line adjacent to the south side of the tract. This property is over 300 feet from a public sanitary sewer, but qualifies for a septic tank system. Lot 2 fronts a gravel road. This road is part of the future extension of Rumfield Road, between Eden and Precinct Line. The owner is dedicating an 35-feet of right-of-way. Both Kirk Road and Rumfield Road are unimproved. The owners must sign a covenant agreeing to pay their fair share of paving and drainage improvements for Kirk Road and Rumfield Road. None. None. Street lights will be installed in accordance with Public Works criteria. Access to Lot I is from Kirk Road, an R2U Residential roadway. Access to Lot 2 is from a gravel road that is a future extension of Rumfield Road to the east. A covenant for future sidewalks along Kirk Road and Rumfield Road must be signed by the property owners. None required. None. Drainage A. Flood Plain B. Improvements C. Easements Comprehensive Land Use Plan A. Consistency B. Special Issues According to Flood Insurance Rate Maps, this property does not lie within a lOO-year or 500-ye"'" flood plain. None. None. This request is consistent with the Plan that calls for single-family residential development in this area. None. Director Plan/lnsp Planner Plans Examiner ABSENT James Brock Victor Baxter Don Bow Paul Mil David rfield Ric d Davis Ji picer arry LeBaron Clayton Husband Gregory Arrington Ron Lueck e Planning and Zoning Commission . MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS August 11, 1994 - 7:30 p.m. CALL TO ORDER The meeting was called to order by Chairman James Bro INSTALLATION OF NEW MEMBER Ms. Jill Spicer was sworn in as alternate member and Capital Improvements Advisory Committee ROLL CALL PRESENT Chairman Members . CONSIDERATION OF MINUTES OF JULY 28, 1994 Mr. is made the motion to approve the minutes with a correction in the date of the ing. The motion was seconded by Mr. Barfield. The motion carried 6-0, with Ms, 1. PS 94-30 Request of Howard Stiles for Short Form Final Plat of Stiles Addition. This property is located in the 8900 block of Rumfield Road. Mr. Howard Stiles came forward to speak. He stated he has agreed to all engineering comments. Mr. LeBaron stated there was a question concerning access to the property. He stated there needs to be some reference to a legal document that grants access to this property. Mr. Stiles stated his surveyor is still looking for some type of easement. He stated he would need an easement from the property owner to the west. Mr. Bowen stated there was a court case several years ago that declared the road a public access. Chairman Brock stated they could approve the plat tonight provided Mr. Stiles provides the city with some type of easement or proof of an existing easement. . Mr. Barfield stated the plat just needs some documentation regarding an easement. Mr. Davis stated an easement would also protect Mr. Stiles in the future. He stated the surveyor should look in the District Court records. PZ Minutes - Page 2 August 11, 1994 Mr. Davis made the motion to approve PS 94-30 subject to the following requirements: subject to engineering comments, a 5-foot right-of-way dedication on Kirk Lane, a public access easement from the adjacent property owner or proof of an existing access easement, and the signing of an indemnification document by Mr. Stiles. The motion was seconded by Mr. Barfield. The motion carried 7-0. 2. PS 94-31 o man or ep at of Lots 24R-38R and 41 R-57R, Block 2, Stonybrooke This property is generally located between Odell Street and Ruthette Drive. an Brock stated the developer is trying to make the lots larger. Howell, 1016 Overhill Street, came forward to speak. He stated they have agreed eering comments. ked what side building lines ~hey were building at. six and three. e size range of the homes being constructed. Mr. Howell stated fro 1,415 to 3,000 square feet. He stated the existing lots are too narrow to allow prospe 've buyers to have a backyard. Mr. Barfield made the motl to approve PS 94-31 subject to engineering comments. The motion was seconded by Mr. owen. The motion carried 7-0. 3. PZ 94-14 Public Hearing to consider the r uest of JBM Development to rezone Tracts 4B 1, 4B 1 A, 4C2, Mann Survey, Abstract 101 rom R-1 Single Family Residential to R-2 Single Family Residential. This property is locate t 7401 Chapman Road. Chairman Brock stated the Commissio ill hear this item prior tò the plat. Chairman Brock opened the Public Heari and called for those wishing to speak to come forward at this time. speak. She asked what the difference r in the subdivision will be. She asked Cory Hartwig, 7444 North Forty, came forwar between R-1 and R-2 is. She asked who the bui what type and value the proposed homes will ha Chairman Brock presented a copy of the proposed p Mr. Bowen stated the main difference between R-1 and He stated R-l requires 2,000 square foot houses on 13,0 1,800 square foot houses on 9,000 square foot lots. He sta is the size of the house and lot. quare foot lots; R-2 requires everything south is zoned R-2. Mr. Merhdad Moyedi, the developer of the property, came fo homes will probably range from $130,000 to $160,000, He sta Sandlin and Classic Concepts about building, but that does not the builders. rd to speak. He stated the they are talking to n they will actually be Chairman Brock stated any houses built will have to meet the minim City. Mr. Moyedi stated they will also construct a brick wall along Chapman Ro Ms. Hartwig asked how many homes are proposed. . N@RTH RICH LAND HILLS Public Works July 11, 1994 MEMO TO: Planning & Zoning Commission FROM: R. Michael Curtis, P.E. Staff Engineer SUBJECf: PS 94-30; STILES ADDITION; Block 1, Lots 1 and 2 Final Plat . I have reviewed the subject documents submitted to this office on June 28, 1994, and offer the following comments. 1. The title block needs to be revised as shown. 2. The point of beginning needs to be clearly labeled on the plat. 3. The attached easement dedication will need to be incorporated into the closing paragraph after the metes and bounds description. 4. The Subdivision Ordinance requires a 7.5 foot utility easement be added to the back of Lots 1 and 2. This needs to be added to the final plat. 5. The current zoning needs to be clearly indicated on the face of the plat. This includes the proposed lots and the adjacent lots. 6. Rumfield Road is designated as a M4U on the Master Thoroughfare Plan. This designation requires a 70 foot ultimate right-of-way. It appears that the centerline of Rumfield Road is the south property line of Lot 2. If that is the case, additional right-of-way dedication will be required. The right-of-way requirement will be 35 feet north of the future Rumfield Road centerline (south property line of Lot 2). . 7301 N.E, Loo~ 820 P,O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656-7503 7. Kirk Road is designated as a Residential Street on the Master Thoroughfare Plan. This designation requires a 50-foot right-of-way. It appears that a 30 foot right-of- way is all that has been dedicated. If that is the case, additional right-of-way dedication will be required. Before it can be determined how much additional right- of-way will need to be dedicated, iron pins will need to be located on both sides of Kirk Road. In addition, the dimensions shown on the reviewed plat will need to be provided. 8. The 3D-foot utility easement along the south property line of Lot 2 is shown as a 30- foot existing right-of-way. This will need to be corrected. In addition, the volume and page of the existing 3D-foot utility easement will need to be provided. 9. Because there is currently no street leading up to or fronting this property, the City will require an agreement between the property owner and the City.· The property owner will need to sign an agreement to indemnify the City from all damages caused from fire if the City's emergency vehicles cannot reach the property. 10. Prior to the construction of any driveways to this property a driveway permit will be required by the property owner. The driveway will need to meet the City's requirements for a driveway crossing a bar ditch road. 11. Prior to the construction of a septic tank and lateral field, a sketch will need to be submitted to Public Works showing the locations of the tank and lateral fields. 12. Kirk Road and Rumfield Road are unimproved streets. A covenant will need to be signed by the property owner agreeing to pay for their fair share of the paving and drainage improvements fronting their property. 13. A new sanitary sewer line will need to be constructed in the future to selVe the area around this property. The property owner will need to sign a covenant agreeing to pay their fair share of the cost for the construction of this line. 14. There are comments regarding this plat recorded on a blueline copy of the plat. The plat has been returned to the sUlVeyor for revision. Public Works is recommending that this plat be revised prior to submitting to the Planning & Zoning Commission. The marked-up bluelines need to be returned with the next submittal. In addition, a written response will be required for each comment. u{L CiAL- RMC/smm/pwm94086 cc: Mr. Greg Dickens, P.E., Public Works Director Mr. Barry LeBaron, Director of Planning & Inspection SelVices PAGE 1 OF 2 . SPOORER ARD ASSOCIATES, IRC. REGISTERED PROFESSIONAL LAND SURVEYORS 352 W. HURST BLVD. HURST, TEXAS 76053 (817) 282-6981 Re: PS 94-30; Stiles Addition; Block 1, Lots 1 and 2 Final Plat July 19, 1994 City of North Richland Hills 7301 N.E. loop 820, P.O. Box 820609 North Richland Hills, Tx 76182-0609 Attn. R. Michael Curtis, P.E. . This letter is in response to the comments made on our initial submittal of the Stiles Addition final plat dated July 11, 1994. Comments No. 1 through 6 and 14 have been complied with on the revised prints of the plat and in this response letter. I be- lieve that Comments No. 9 through 13 deal with aspects of the project other than surveying. . Comment No.6 (future Rumfield Road right-of-way): From my survey and research, I find that the centerline of the existing roadway is also the existing south property line of the tract on the proposed Lot 2. A 35' of right-of-way dedication has been shown on the north side of the south property line on the revised plat. It was also found in further deed research that the survey line between A-1266 and A-1365 is not the same line as southerly property line of the tract on the proposed Lot 2. The survey line is correctly shown on the revised plat being slightly south of the south property line. Comment No.7 (future Kirk Lane right-of-way): It was found after further research that Kirk Road in this loca- tion should be labeled as "Kirk Lane" (also being Co. Rd. 3050) and that the existing right-of-way width should be 40' wide and not 30' as originally shown. This is based on tax maps and deeds to tracts on the north side of Kirk Lane (copies enclosed) show- ing that their south property line is in the centerline of Kirk Lane and the existing north right-of-way line is 20' north of that south property line as called for in the deeds. Property corners were found at the southwest and southeast corners of the Morrow tract on the north side of Kirk Lane, indicating that existing right-of-way is actually 40' wide and not 30' wide, even though it is only 30' between the iron rods found at the north property line of Lot 1 and the existing fence on the north side of the roadway. PAGE 2 OF 2 SPOONER AND ASSOCIATES, IRC. REGISTERED PROFESSIONAL LAND SURVEYORS 352 W. HURST BLVD. HURST, TEXAS 76053 (817) 282-6981 July 19, 1994 City of North Richland Hills 7301 N.E. loop 820, P.O. Box 820609 North Richland Hills, Tx 76182-0609 Attn. R. Michael Curtis, P.E. Re: PS 94-30; Stiles Addition; Block 1, Lots 1 and 2 Final Plat (continued) Comment No.8 (existing 30' utility esmt. along s. prop. line): The City indicates that there should be a 30' wide utility ease- ment centered along the south property line of the tract on Lot 2 created for a waterline project constructed in 1980 between Rufe Snow Dr. and Precinct Line. I have shown this easement on the revised plat, however I can not find it as ever being recorded. If this easement does exist, it would have to have been conveyed to the City by George W. Bradshaw, Jr. in late 1980 or early 1981. I did not find any record of this conveyance in the gran- tor index at the court house or any record of it in City records. I also looked in the easement files for this project at K-E-F, Inc., but only found easement parcels up to No.6 (copy enclosed) which stop the Sherbet tract (now Chrastecky) on the east side of the proposed plat. I may by possible that the easement never was acquired because of an existing 30' wide road easement being located in the same place based on references made to it in the Sherbet deed as recorded in Vol. 6939, Pg. 216 (copy enclosed), also being shown on the Sherbet utility easement drawing. If there are any further questions on this matter please contact me. ill (Iii " F! ~ "1 : .................... ~ ~ ~ t 1. -........""'"'' .. .". ,:::::'........::ª -- ~ . \1 I r;:",,,, .c:: . "".'i Ó I . \i:':'I,~i...m.m.....::.1 ~J;lr;;:lm.lt::~ ~ -m_ ~r R-3-1800------c---' . -'---.- AG ../ ,', /1,/\ ...... .h.............. \ ...-.........-..... ,.,\ '=.P: ;.:. :;: - . ~~._. - AG , -, :.:i.. ; ......._~--,.--.-.j .c::j , AG , (í- ==_~ - - ............u:--.r···....··· --- .............~....................... ~ Rl.\IFfELD '-R-3-2000 .................................................. ........... "..-,,,.-. 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AG" .'':-. - . ,,; ;",l' ::-'f{ (' R ,\ FT' .- ~r~ :: : ":'/ J';; { I ~,p :: ......... . ··'.-t~",·..;_··_~·....·".....·......."......i ' , . ....... -..............." .................". ..............." .................- I' ; .¡:;: ... .l...~~.;.... :.......:...... .-.; .,.. . - ~.......:..... ......... :.... .....; , : . : ' , ~~:~t~~ .. ~ 1-- I I ~ ~ i f WITCH L/\[ <[E P~C[ Di mmml R-3-1600 1318 ................... j ! 1 1 I I ~ j I AG If' ~ . ,..." ~ ·tb licbland Hills n 01 .... ....,op1.. Ma rch 22, 1993 zo MARCH 2, 1994 Mr. GREG DICKENS PUBLIC WORKS DIRECTOR N.R. RICHLAND, HILLS, TEXAS Dear Sir, My name is Howard D. Stiles, I h~ve lived in Irving, Texas since 1960. My wife and lown a homp ;~, Irving that is paid for. I pastor The Christ Gospel Church in ~urst:; Texas. I have served in this capacity since 1980. For some time my wife and I have desired to live in an area closer to the church. We are in our late 50s and hope to, at least,semi- retire in the next few years. In:'January this y.ear our daughter, son in law, and theír five children purchased property located at 8916 Kirk Ln. in N.R. Hills. This property was made up of a house, double garage, on 2.16ac of land. My daughter and son in law purchased the house, and double garage, along with 1.16ac. My wife and I purchased the remaining 1. Clac. I sincerely petition the Ci~y of N.R. Hills and eaci official involved in the building permit process to grant us a building permit to erect a modest house of approximatel¥ 2,000 sq. fee~ , on the 1.0 ac. Weunderstand and appreciate the need for regulations and building codes. I am sure they are implemented to promote a postive situation both for the individual and City. We ask you to please consider our limited funds, as for as building or paving a road. We: would like to dedicate our part that will be used when Rumfield Rd. is eventually extended. Also when i~ is extended we will pay our share for the footage that passes our property. In additiono:tothe exhibits I am sending to you, maybe I can also explain ~o some degree our situation. The black-top ends at the intersection of Eden Rd. and Rumfield Rd..Rumfield Rd. then continues 8as~ as a ~ra vel road passing our propert.::· approxima tp.ly 45Cft ~from where the black--top el'lds, ,I have used th i s road for se veral weeks.. The man that lives at the end of the road, just east of our property has used the gravel road for several years. Due to many years of use this gravel road is very stable. I have seen everything from bicycles to heavy trucks travel over it. My son in law and daughter have agreed to give us an easement off Kirk Ln., should we need it. Pg. 1 of 2 Pgs. MARCH 2, 1994 Our désire is to work with the City of N. R. Hills. to become; a:'resident end support the City in its endeavors to grow and enhance the tranquillity f all its citizens. I am sure there are times when extenuating circumstances allow for some degree of waiver or variance ,without compromising a safe and pleasant environment. If you will kindly allow me, I will contact you in a few days as a follow up to this letter. I am hopeful that we can began a plat process in the near future. Ihave previously discussed our plans with Mr. R. Michael Curtis and Mr. J. Clayton Husband. These Gentlemen project a very postive and helpful attitude. Thanking You In Advance For YOff Much Needed Assistance. .M ~ 11ø1tVclj~/ cVcYß.-../ Rev. and Mrs. Howard D. Stiles . CO Mr. Rodger Lion Mr. Samford Mr. Berry 'Lebaron Mr. Mike Curtis Mr. J. Clayton Husband Pg. 2 of 2 . April 6, 1994 Mr. Rodger Line City Manager N.R. ~ills. Texas Dear SirJ My name is Howard D. Stiles, Ihave lived in Irving, Texas since 1960. My wife and I own a home in Irving. Ihave served as pastor for The Christ Gospel Church , located in Hurst, Texas since 1980. For some time my wife and I have desired to live in an area closer to the church. We are in our late 50s and hope to, at least semi- ~etire in ~he next few years. !n January this year our daughter and family purchaseà property, located at 8916 Kirk Ln. in N.R. Hills. This property originally contained 2.16 Acres. My wife and I purchased 1.0 Acre of this property. I sincerly petition the City of N.R. Hills and each official involved in the building permit process to grant us a buildi~.g permit to erect a modest house of approximately 2,000 sq. ft. on the 1.0 Acre. This letter realates specifically to conversationslhave had with Mr. Greg Dickens and others, by telephone and personal visits. ður 1.0 Acre of land is located approximately 450ft. east of Eden and Rumfield Rd. intersection. The blacktop ends at this intersection. Then Rumfield Rd. continues east as an old established gravel road. Irecieved a letter from Mr. Greg ~ickens dated March 9, 1994, listing 7 steps I would have to consider in order to platt the property. I am enclosing my letter to Mr. uickens and also his reply to me. After receving Mr. Dickens letter, lcame to visit with him personally and we discussed the 7 steps. We agreed at this point, that the only major obstacle to proceeding with the process, would be us having to blacktop the road to my property. This is a major obstacle to us because of limited finances. Considering the cost of re-zoning approx. Three Hundred Dollars, water service connection fees approx. One Thousand Dollars, percolation ~es~ approx. One Hundred Dollars, septic system approx. Two Thousand Dollars, plus fees for other utitities. it puts us in a place fin~iall~, where we are not able to come up with any,or at the very best, very'little toward expenses for the black~op. Pg. 1 of 2 . . . April 6, 1994 Please, is there any way you can help us7??? would it be possible for us to get a complete or partial variance concerning the blacktop? Any flexibility you could extend to us iQ this m~tter, which is so important to us, in this stage of our lives:willbe greatly appreciated. We will do everything we can, baseà on our limited income. Thank you for your mos~ needed help, Respectfully . /. ..".'. ;/~ . ~.. , -... . , ~~-;,...- . on' , Ý --- ....,...J ~ Rev. and Mrs. Howard Pastor Christ Gospel eCI Mr. Greg Dickens , , , \ \ '\ {, - ..-. /",t-.:.t.,J- D. Stiles Church ,." ..r , . ,/ /". v' ,/ , ~ I ..- 10 ,/, I "/ /' I : . ì , , Pg. 2 of 2 N®R.TH R.ICHLAND HILLS Public Works March 9, 1994 Mr. Howard Stiles Christ Gospel Church of Hurst 785 Treadwell Dr. Hurst, TX 76053 RE: Portion of Tract 18A4 S. Richardson Survey, Abstract No. 1266 Mr. Stiles: I can appreciate your position as described in your letter dated March 2, 1994. Please understand that I have not been given the authority to deviate from the City's ordinances. The City Council is the only body that can authorize this type of deviation from the normal platting process. Listed below are the s~s and co~~id~tions you would have to make to plat the property. The items with an asterisk are the considerations you do not meet and would have to expend considerable money in order to comply. 1. The property would need to be rezoned. 2. The property would have to be platted and all required public right-of-way and easements dedicated. *3. All platted property must have a minimum of 50 feet of frontage on a dedicated public right-of-way (ROW) which is connected to a public ROW with an existing public paved street. 7301 N,E, LOOJ> 820 P,O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656-7503 , . . *4. A minimum of a 20 foot wide all-weather (asphalt or concrete) surface street must exist or be installed in the ROW the property is adjacent to. 5. An 8-inch waterline exists on Kirk Lane adjacent to the north end of the referenced tract and a 16-inch waterline exists adjacent to the south side of the tract. Water service could be provided the proposed lot from either line after appropriate fees are paid. 6. Public sanitary sewer lines exist further than 300 feet away, therefore if the lot size platted is one acre or larger and the following requirements are met, a septic tank and lateral field could be allowed with Council approval. a. An adequate number of soil percolation tests would have to be conducted by a qualified registered professional engineer. A copy of these test results would be submitted to the Director of Public Works for review and approval prior to the Planning & Zoning Commission's consideration of the plat. . b. The design and construction of the septic tank and lateral field would be in accordance with the pertinent Tarrant County regulations. Plans sealed by a registered professional engineer for the septic tank and lateral field would be submitted to the Director of Public Works for review and approval. 7. Covenants concerning future cost participation for public street, sidewalk, masonry wall, and sanitary sewer improvements would need to be signed prior to the Planning & Zoning Commission's consideration of the plat. The covenants would grant the City the right to file a lien on the property at the time the Council awards a contract for construction of said improvements. If after you have read this letter you still wish to pursue the possible platting of this property, please contact me or Barry LeBaron, Director of Planning & Inspection Services, to set up a meeting. We can both meet with you and discuss in detail the procedure you would have to follow to get this considered by the Council. Respectfully, GWD/smm/pwI94057 . cc: Mr. C.A. Sanford, Deputy City Manager Mr. Barry LeBaron, Director of Planning & Inspection Services ~IV ri~'-t J C¡;(;-'í1 ~O1--- ~ CITY OF NORTH RICHLAND HILLS I Department: . Subject: Planning and Inspections Council Meeting Date: 8/22/94 Rp-q1lP-st of John Volkman to Replat Lots 24R-38R and 41 R-57R, Block 2, Stonybrooke South Addition. (Located between Odell Street and Ruthette Drive) Agenda Number: _ PS 94-31 Mr. John Volkman is the owner of 32 lots located in the Stonybrooke South subdivision. These lots are generally located on the north side of Odell Street and the south side of Ruthette Drive. Mr. Volkman has submitted a Replat of the property that would combine the lots into 27 slightly larger lots. The typical lot size is 60' x 104'. The following are the issues related to this Replat: 1. An additional 7.5 foot water and sewer easement is required on the front of the lots adjacent to Odell Street. 2. The existing water services must be relocated to serve the new lot configuration. No building penn its will be issued until the services have been relocated. 3. Sidewalks are required on each lot as the lots develop. 4. This property is zoned R-8 Zero Lot Line Single Family Detached Residential. The proposed lots meet the minimum requirements of this zoning district. The developer has agreed to all engineering comments. The Planning and Zoning Commission considered this request at its August 11, 1994 meeting and recommended approval. RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other "I;:::-tß.....- (]~ íf(¡1 /~ Departm~ Head Signature ~ager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Director Page 1 of . General Information A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. Prop. Use Water and Sewer A. Lines . B. Fire Coverage Streets and Thoroughfares A. Thor. Plan B. Improvements C. Extensions D. New Streets E. Street Lights F. Access G. Sidewalks H. Screening Walls I. New Street Names . Subdivision Plat Review Fact Sheet Case Number PS 94-30 Brushy Creek Enterprises, Dallas TX Volkman's Inc., Crowley TX John D. Zimmerman, Arlington TX same 3.891 acres 27 6.94 dwelling units/acre R-8 Zero Lot Line Single Family Detached Residential Single family dwellings These lots are served by a &inch water line and an 8-inch sanitary sewer line. Adequate This property does not front a Collector or Arterial street. None required. None. None. Any additional street lights will be installed in accordance with Public Works criteria. Access to these lots is from Odell Street and Ruthette Drive. Sidewalks are required along each lots frontage as the individual lot develops. None required. None. Drainage A. Flood Plain B. Improvements C. Easements Comprehensive Land Use Plan A. Consistency B. Special Issues According to Flood Insurance Rate Maps, this property does not lie within a lOO-year or 500-yr flood plain. None. None. This request is consistent with the Plan that calls for single-family residential development in this area. None. PZ Minutes - Page 2 August 11, 1994 . Mr. Davis made the motion t ove PS 94-30 subject to the following requirements: subject to engineerin ents, a 5-foot right-of-way dedication on Kirk Lane, a public access easeme the adjacent property owner or proof of an existing access easement, and the s' g of an indemnification document by Mr. Stiles. The motion was seconded by Mr leld. The motion carried 7-0. 2. PS 94-31 Request of John Volkman for Replat of Lots 24R-38R and 41 R-57R, Block 2, Stonybrooke South Addition. This property is generally located between Odell Street and Ruthette Drive, Chairman Brock stated the developer is trying to make the lots larger. Mr. Louis Howell, 1016 Overhill Street, came forward to speak. He stated they have agreed to all engineering comments. Mr. Barfield asked what side building lines they were building at. Mr. Howell stated six and three. Mr. Barfield asked the size range of the homes being constructed. Mr. Howell stated from 1,415 to 3,000 square feet. He stated the existing lots are too narrow to allow prospective buyers to have a backyard. Mr. Barfield made the motion to approve PS 94-31 subject to engineering comments. The motion was seconded by Mr. Bowen. The motion carried 7-0. .3. PZ 94-14 P 'c Hearing to consider the request of JBM Development to rezone Tracts 4B 1, 4B 1 A, 4C2, nn Survey, Abstract 1010, from R-l Single Family Residential to R-2 Single Family Resident This property is located at 7401 Chapman Road. tated the Commission will hear this item prior tò the plat. d the Public Hear}ng and called for those wishing to speak to come Cory Hartwig, 7444 North , came forward to speak. She asked what the difference between R-l and R-2 is. She as who the builder in the subdivision will be. She asked what type and value the propose mes will have. Chairman Brock presented a copy of th Mr. Bowen stated the main difference betwe R-l and R-2 is the size of the house and lot. He stated R-l requires 2,000 square foot houses 13,000 square foot lots; R-2 requires 1,800 square foot houses on 9,000 square foot lots. e stated everything south is zoned R-2. Ms. Hartwig asked how many homes are proposed. Mr. Merhdad Moyedi, the developer of the property, ca homes will probably range from $130,000 to $160,000, tated they are talking to Sandlin and Classic Concepts about building, but that does no the builders. . Chairman Brock stated any houses built will have to meet the minimu City. Mr. Moyedi stated they will also construct a brick wall along Chapman Road. N®RTH RICH LAND HILLS Public Works August 5, 1994 MEMO TO: Planning & Zoning Commission FROM: R. Michael Curtis, P.E. Staff Engineer SUBJECT: PS 94-31; STONYBROOKE SOUTH ADDITION; Block 2, Lots 24Rl-36R1 and 41Rl-54R1 Rep1at I have reviewed the subject documents submitted to this office on July 13, 1994 an offer the following comments. 1. The surveyor's seal and signature need to be added to the plat. 2. The title block needs to be revised as shown. 3. The point of beginning needs to be clearly labeled on the plat. 4. The metes and bounds description and the exhibit are not in agreement. The discrepancy occurs in the point of beginning description. 5. There is a street intersection which will require sidewalk and utility easements as defined in the Design Manual. The easement needs to be clearly indicated. 6. The current zoning needs to be clearly indicated on the face of the plat. This includes the proposed lots and the adjacent lots. 7. The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks may be constructed with the improvement of each individual lot. 7301 N,E. Loor' 820 p,o, Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656-7503 . . . 8. No maintenance easements are shown on the plat. Before zero lot line homes can be constructed, the lots the houses are planned for will need to be rep1atted to show all maintenance easements. 9. A 7.5 foot water and sewer easement will need to be added adjacent to Odell Street. 10. All water services will need to be relocated to the new lot lines. No building permits will be issued until these services have been relocated. 11. There are comments regarding the plat recorded on a blueline copy of the plat. The plat has been returned to the engineer for revision. Public Works is recommending that this plat be submitted to the Planning & Zoning Commission. The marked up bluelines need to be returned with the next submittal. ~. Ct.· RMC smm/pwm94099 cc: Greg Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services JOHN D. ZIMMERMAN P.E.,R.P.S. 908 W. MAIN STREET ARLINGTON, TEXAS 76013 August 10, 1994 City of North Richland Hills We offer the followin~ to the comments dated August 5,1994. 1. The sUn'eyor's seal and signature shall be added upon final approval from the City. 2. "Final Plat" has been added to the title block. 3. Point of Beginning has been added to the plat. 4. The metes and bounds description correctly shows the Point of Beginning. 5. A 10' x 10' sidewalk and utility easement has been added to Lot 36RI, Block 2. 6. R8 zoning has been added to the plat. 7. A note requesting a replat of lots, if zero lot line homes are planned, has been added to the plat. 8. A 7.5 foot water and sanitary sewer easement has been added along the north line of Odell Street. 9. All proposed service bas been relocated to tbe new lot lines. 10. A note to cap tbe sanitary sewer service 0.47 feet east of tbe west lot line of 5IRI bas been added. 11. A note to construct sanitary sewer service at tbe center of tbe lot bas been added. Sincerely, John D. Zimmerman P.E.,R.P.L.S. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ~ Council Meeting Date: 8/22/94 Subject: Public Hearing to consider changing the name of Edison Drive to Road to the Mall. Agenda Number: PS 94-33 Ordinance No. 2001 Attached is a letter from the Economic Development Department requesting the Planning and Zoning Commission and City Council to consider changing the name of Edison Drive to Road to the Mall. Edison Drive runs north-south between NE Loop 820 and Grapevine Highway, tenninating at the entrance to North Hills Mall. The Economic Development Department has discussed this change with the property owners and tenants along Edison Drive, as well as the Police and Fire departments of the City. There was no opposition to the proposed change. The Planning and Zoning Commission considered this request at their August 11, 1994 meeting and recommended approval. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planping and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ...:::- -:t=g ~ ¿1¡J-= /:/[1'\ 7" ..-vW Departm~d ~Ignature City ~~r '- CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available - . Finance Director Page 1 of Ordinance No. 2001 . AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, CHANGING THE NAME OF EDISON DRIVE TO ROAD TO THE MALL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for changing the name of Edison Drive to Road to the Mall. WHEREAS, after appropriate notice and public hearing, the City Council determines that such change shall be adopted. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Edison Drive, from its existing northern beginning point at NE Loop 820 to its intesection with Grapevine Highway, is hereby renamed Road to the Mall, as shown in attached Exhibit A. 2. 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. . 3. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11 th DAY OF AUGUST, 1994. Chairman, PI ,I ~..r. - I PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF AUGUST, 1994. . 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. 2001 Page 2 · N®RTH RJCHLAND HILLS Economic Development Monday, July 11, 1994 TO: FROM: Barry LeBaron Director of Plannin: '\ Inspection Services Marty Wieder ~W Director of Economic Development SUBJECT: Proposed Name Change of Edison Drive · The Economic Development Department requests that the City's Planning & Zoning Commission prepare an ordinance to rename Edison Drive "Road to the Mall". As you are aware, the Edison store name disappeared with its sale to SelVice Merchandise several years ago. Since Edison Drive feeds directly into the entrance to North Hills Mall--something North Richland Hills already promotes through a sign on the Loop 820 access road--it is appropriate to link this thoroughfare's name directly to one of the City's top tax generators. I have checked with tenants or property owners of the three establishments along Edison Drive-- as well as with Police Chief Jerry McGlasson and Fire Chief Stan Gertz--and no one opposes the suggested name change. I look forward to discussing this suggestion with the members of our Planning & Zoning Commission. In the meantime, please call me if you have any questions or need additional infonnation. MBW · 7301 N.E, Loop 820 PO, Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5534 FAX (817) 581-5516 I~=- L! ~ r__ II '-- IÎìII - - ,05 U L :JDY~ ini ~~\j ~ þ <C - - ~ \: U .c ;.¡ L - co o co \ J 1 ' DUl Glenview Dr. THOROUGHFARE SEPTEMBER 1, 1993 IJPJRCGl _ P,O. Box 370 . ..Ies· There being no one else wishing to speak, Ch Request of BM Develop located at 7401 Chap for Preliminary Plat of Brittany Park Estates, This property is Road. PZ Minutes· Page 3 August 11, 1994 . Chairman Brock stated 28. 94-14. The motion was seconded by Mr. Miller. The motion carried 6-1 with Chairm rock, Ms. Spicer, and Messrs. Barfield, Baxter, . Bowen voting against. 4. PS 94-32 ated the developer has agreed to all engineering comments. Mr. Dav' ade the motion to approve PS 94-32 subject to engineering comments and the er showing a proposed extension of Brittany Park Court to the north. The motion 5. PS 94-33 Public Hearing to consider changing the name of Edison Drive to Road to the Mall. TABLED 7/28/94 Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Chairman Brock closed the Public Hearing. . Ms. Spicer made the motion to approve PS 94-33. The motion was seconded by Mr. Baxter, and the motion carried 7-0. 6. PS 94-40 rock stated the issue before the Commission is whether to remove Wilson Road, . or remove any part of it fr<?m the Thoroughfare Plan. lic Hearing to consider revisions to the Master Thoroughfare Plan regarding Wilson ened the Public Hearing and called for those wishing to speak to come ishing to speak, Chairman Brock closed the Public Hearing. Mr. Baxter made the motion Council on the Little Bear Cre table PS 94-40 to wait for a recommendation by the City orridor study. The motion died for lack of a second. Mr. Doug Long, 1615 Preci nct Li n will present a burden on them since oad, came forward to speak. He stated tabling the item are trying to sell the tract of land. Mr. Davis asked where Wilson Road goes Mr. Long stated Wilson Road is planned to tie to proceed with the final plat of Forest Glen. He through the subdivision. He stated the Council de preliminary plat stage. o Lockett Road. He stated they would like ted they would like to build a C2U downgrading the road during the . Mr. Davis asked where Wilson Road is on the preliminary Mr. Long stated they are using the alignment but calling it Fore drawing showing the proposed overall development plan for thei len Drive. He presented a operties. CITY OF NORTH RICHLAND HILLS Department: Plannin~ and Inspections ~ Council Meeting Date: 8/22/94 Subject: Public Hearing to consider revisions to the Master Thoroughfare Plan regarding Wilson Road. Agenda Number: PS 94-40 Ordinance No. 2002 A public hearing has been scheduled to consider an amendment to the Master Thoroughfare Plan regarding Wilson Road. At the present time, the Master Thoroughfare Plan shows a proposed route for Wilson Road extending in a southeasterly direction from North Tarrant Parkway and connecting with Precinct Line Road. Wilson Road is a proposed C-4-U Major Collector. The Planning & Zoning Commission recently approved a preliminary plat for the Forest Glen Addition which will be located west of Davis Boulevard on the south side of North Tarrant Parkway. The Forest Glen subdivision is part ofa BH&L Joint Venture overall development plan along the Little Bear Creek drainage corridor. Wilson Road is being proposed for deletion from the Master Thoroughfare Plan to prevent a cut-through traffic situation in this future residential area. Attached is a copy of the proposed overall development plan which shows the proposed street configuration for this property located along the Little Bear Creek drainage corridor. The Planning and Zoning Commission considered this item at its August 11, 1994 meeting and recommended deleting the proposed portion of Wilson Road between North Tarrant Parkway and Davis Boulevard. The Commission recommended retaining the portion between Davis Boulevard and Precinct Line Road until the development pattern in that specific area is know. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Ope rat, ing BUdget, à other "1) 0 ~ Q~ O~ tfh Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available fç fl~ City Manager . Finance Director Page 1 of . . . Ordinance No. 2002 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO MAKE REVISIONS REGARDING WILSON ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of the Master Thoroughfare Plan of the City of North Richland Hills, Texas; and WHEREAS, the City Council has conducted a Public Hearing to consider said revisions, and after hearing, determines that such revisions shall be adopted. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Wilson Road, a future C4U Major Collector thoroughfare, be deleted from the Master Thoroughfare Plan from its beginning point at North Tarrant Parkway to its proposed intersection with Davis Boulevard, as shown in attached Exhibit A. 2. 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. 3. SAVINGS CLAUSE. That the Master Thoroughfare Plan of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance; and that the Master Thoroughfare Plan shall hereafter reflect these revisions. 4. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11 th DAY OF AUGUST, 1994. r::'--"" '. 1&,//1 Á ¡ Utt 17£/ /~rú·(.,",. Secretary, Planning and Zonmg' Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF AUGUST, 1994. 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, 2002 Page 2 , : Q ~ . ~ . &2 . . III: ... I .- I .. =-= 161 - ·PH aU!l 1.: - --- - 1 I ~ 3 ~ Q.. Œ; I I PZ Minutes· Page 3 August 11, 1994 Chairman Brock stated 28. seconded by Mr. Miller. essrs. Barfield, Baxter, There being no one else wishing to speak, Chairman Brock closed the Mr. Baxter made the motion to approve PZ 94-14. The motion The motion carried 6-1 with Chairman Brock, Ms. Spicer, and Davis, and Miller voting for; and Mr. B,owen voting against 4. PS 94-32 Request of JBM Development for Preliminary Plat of located at 7401 Chapman Road. This property is Chairman Brock stated the developer has agr Mr. Davis made the motion to approve 94-32 subject to engineering comments and the developer showing a proposed exte n of Brittany Park Court to the north. The motion was seconded by Mr. Barfield, an e mot/on carried 7-0. Ms. leer made the motion to approve PS 94-33. The motion was seconded by Mr. Baxter, a the motion carried 7-0. Public Hearing to consider 7/28/94 nging the name of Edison Drive to Road to the Mall. TABLED 5. PS 94-33 ed the Public Hearing and called for those wishing to speak to come no one wishing to speak, Chairman Brock closed the Public Hearing. 6. PS 94-40 Public Hearing to consider revisions to the Master Thoroughfare Plan regarding Wilson Road. Chairman Brock stated the issue before the Commission is whether to remove Wilson Road, downgrade it, or remove any part of it from the Thoroughfare Plan. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Baxter made the motion to table PS 94-40 tp wait for a recommendation by the City Council on the little Bear Creek corridor study. The motion died for lack of a second. Mr. Doug Long, 1615 Precinct Line Road, came forward to speak. He stated tabling the item will present a burden on them since they are trying to sell the tract of land. Mr. Davis asked where Wilson Road goes through the addition. Mr. Long stated Wilson Road is planned to tie into Lockett Road. He stated they would like to proceed with the final plat of Forest Glen. He stated they would like to build a C2U through the subdivision. He stated the Council denied downgrading the road during the preliminary plat stage. Mr. Davis asked where Wilson Road is on the preliminary plat. Mr. Long stated they are using the alignment but calling it Forest Glen Drive. He presented a drawing showing the proposed overall development plan for their properties. . . PZ Minutes - Page 4 August 11, 1994 . Chairman Brock stated the question is whether the city wants or needs a collector street through that area. Mr. Davis stated the Little Bear Creek corridor study does not show a preliminary need for a collector street in that area. Mr. Barfield stated that access through the park should be accomplished through a park road. Mr. Long stated they propose cui de sacs to provide access to the park, but they could be tied on to a park road. Chairman Brock stated the motion should be consistent with the previous position of the Commission on this matter. There was general discussion regarding the development plan proposed by Mr. Long. Mr. Barfield made the motion to approve PS 94-40, subject to only removing that portion of Wilson Road that lies between North Tarrant Parkway and Davis Boulevard, and leaving the portion between Davis Boulevard and Precinct Line Road on the Plan. The motion was seconded by Mr. Miller. The motion carried 7-0. Mr. Davis stated the Council should consider this and the surrounding property when considering the Little Bear Creek corridor study. 7. PS 94-41 lic Hearing to consider revisions to the Master Thoroughfare Plan regarding Simmons Dn . . Mr. Le ron explained that the acquisition of property by the city for the development of the aquatic p k resulted in a conflict with the Master Thoroughfare Plan. He stated this is a clean-up it to amend the plan to remove the portion of the road that bisects the park. pened the Public Hearing and called for those wishing to speak to come Mr. Bowen made the The motion carried 7-0. The motion was seconded by Mr. Baxter. 8. PZ 94-13 Public Hearing to consider ttì equest of Garry Gooden to rezone Lot 7, Block F, Richland Oaks Addition, from C-1 Comm cial to C-2 Commercial. This property is located at 8208 Grapevine Highway. TABLED 7/. -,4 STAFF REPORT Mr. LeBaron stated the Midwest Section 0 American Planning Association is hosting another training course for Planning and Zon Commissioners in August. He stated the topic is corridor development. He advised the mmission that if anyone would like to attend to call the Zoning Office. He stated it is op withdrawn by the applicant. Chairman Brock-stated this item has b . Mr. LeBaron stated there is a lot of interest in multi-fam development in the city. He presented a map of the multi-family zoned areas in the ci nd advised the Commission that if the vacant zoned land were to develop as apartments, it Id double the number of units in the city. He stated there is currently approximately 4,400 u 's in the city. He stated staíí has been directed to develop regulations to ensure quality multi- ily development if it occurs. ------ .--- --- ~~- ï _. -- :=~!!-;: Fi ' ! \ - I 1_1 I I ~ en N ,.; ç.,.. . I -'\-11, l \ ! ¡ i : I : I I , : : \ !~: , I ' , , I ;; , I I I ,~ \ L-- I i ' \ \ .,___li _ ~ u ~~ ~ rt\ . 2 Ú <1 ~ If) ..... o -r I: ~ ~ I _~._¡ _~_ ___~-_n---------~ ---=¡ I - --.--. - - ---- ~ 1--- --- --- -- ¡ ~ I - ~'- \ et l , !XI - ~ '- ::J: ,I :I€ i\ I , 'U a: U <1 <1 Il. U . u ) , \ ¡::: 0 <t If) 0 :\ UJ CD UJ u Q:I z (\ Z <1 0 ....~ z ' 0 ~ N etCTI N ..... N a: ~ (\ a: N d et q" '.... ~-- ----- N , :l a: I 0 , 0 \1.1 ,..: Z 0 ". / / / / / .-/ I ~.----, ~-~--r-- I I lL__._ --- ---- -- o ~ ..u -0--4 N --- /' / dd ..wi "' ~ .,. ~ .. u . <1 U If) ..... ,..: 0 \1.1 Z o N -- -- - SS.l'~ ..; . a: - I ' 0/ U /' <1 / '0 (\ ! 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Z- ON N CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections _ Council Meeting Date: 8/22/94 Subject: Public Hearing to consider revisions to the Master Thoroughfare Plan regarding Simmons Drive. Agenda Number: PS 94-41 Ordinance No. 2003 Simmons Drive is a proposed C4U Major Collector roadway on the Master Thoroughfare Plan, running between a future extension of Watauga Road and Grapevine Highway. The proposed road runs south from Watauga Road, tying in with a portion of Cardinal Lane, intersects Smithfield Road East, then tenninates at Grapevine Highway at the north entrance to TCJC Northeast Campus. This alignment was approved by the City Council in March 1992. Late last year, the City purchased several parcels of land on Grapevine Highway for a future family aquatic park. The proposed entrance to the water park is at the same location as the proposed intersection of Grapevine Highway and Simmons Drive. This land was originally planned for single family development, but is now scheduled for public park purposes. As a result, the necessity of a portion of Simmons Drive has been eliminated. The attached ordinance will amend the Master Thoroughfare Plan by removing the portion of Simmons Drive between Smithfield Road East and Grapevine Highway (see map). The portion of the road between Watauga Road and Smithfield Road East will remain on the plan as a C4U Major Collector. This amendment will not affect the existing Simmons Drive north of Martin Road. The Planning and Zoning Commission considered this item at its August 11, 1994 meeting and recommended approval. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. . , . , Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget ----.. Other. ,.- t Q -a......~ """ .....- Depar nt Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available tit if fIl/~ City Manager . Finance Director Page 1 of · · · Ordinance No. 2003 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO MAKE REVISIONS REGARDING SIMMONS DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of the Master Thoroughfare Plan of the City of North Richland Hills, Texas; and WHEREAS, the City Council has conducted a Public Hearing to consider said revisions, and after hearing, detennines that such revisions shall be adopted. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: 1. THAT, Simmons Drive, a future C4U Major Collector thoroughfare, be deleted from the Master Thoroughfare Plan from its proposed intersection with Smithfield Road East to its proposed intersection with Grapevine Highway, as shown in attached Exhibit A. 2. 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. 3. SAVINGS CLAUSE. That the Master Thoroughfare Plan of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance; and that the Master Thoroughfare Plan shall hereafter reflect these revisions. 4. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11 th DAY OF AUGUST, 1994. , /' l , ¡,~, .// ...,"/ h~ J"..,f/ r 1Í">--¡ j; J_.~<:Ié~ it'A'. /' ~~~,; l-. Secretary, Planning and Zoning Commission Jf~~ . ;,' ( "'~ Chainnan, P~ing andß9.\Îfug Commission Uð' PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF AUGUST, 1994. 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. 2003 Page 2 :~ ~! ; ~~ ~ rJ .~ _~ e 11 1 c./) r \,'.i~., I.J. . 1.\, \1 ~ v~.. Inn}" / ~\\\ dúu .' . 6 \ --, )~~~U~ I I I , i " .¡~ -Ó. 0: ~ ~~. ð ~ r D Ii \ ,.. ... 1a. D\ Exhibit A PZ Minutes - Page 4 August 11, 1994 Mr. Davis stated the Little Bear Creek corridor study does collector street in that area. uld be consistent with the previous position of the Chairman Brock stated the question is whether the city wants or ne through that area. Mr. Barfield stated that access through the park sh d be accomplished through a park road. Mr. Long stated they propose cui de sacs to tied on to a park road. Chairman Brock stated the motion Commission on this matter. regarding the development plan proposed by Mr. Long. Mr. Barfield made th otion to approve PS 94-40, subject to only removing that portion of Wilson Road that's between North Tarrant Parkway and Davis Boulevard, and leaving the portion betwe avis Boulevard and Precinct Line Road on the Plan. The motion was seconded b r. Miller. The motion carried 7-0. Mr. D s stated the Council should consider this and the surrounding property when erin the Little Bear Creek corridor stud . 7. PS 94-41 Public Hearing to consider revisions to the Master Thoroughfare Plan regarding Simmons Drive. Mr. LeBaron explained that the acquisition of property by the city for the development of th/ aquatic park resulted in a conflict with the Master Thoroughfare Plan. He stated this is a clean-up item to amend the plan to remove the portion of the road that bisects the park. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Bowen made the motion to approve PS 94-41. The motion was seconded by Mr. Baxter. The motion carried 7-0. 8. PZ 94-13 P lie Hearing to consider the request of Garry Gooden to rezone Lot 7, Block F, Richland Oa ddition, from C-1 Commercial to C-2 Commercial. This property is located at 8208 Grape' e Highway. TABLED 7/28/94 STAFF REPORT ck'stated this item has been withdrawn by the applicant. Mr. LeBaron stat the Midwest Section of the American Planning Association is hosting another training co e for Planning and Zoning Commissioners in August. He stated the topic is corridor deve ent. He advised the Commission that if anyone would like to attend to call the Zoning fice. He stated it is open to the public as well. Mr. LeBaron stated there is a I f interest in multi-family development in the city. He presented a map of the multi-faml oned areas in the city and advised the Commission that if the vacant zoned land were to dev as apartments, it would double the number of units in the city. He stated there is currently roximately 4,400 units in the city. He stated s has been directed to develop regulations t sure quality multi-family development if it occurs. I . CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Council Findings in Connection with Bond Requirements - Resolution No. 94-41 Agenda Number: 8/22/94 GN 94-99 Subject: This is the matter which was discussed at the recent workshop. The Resolution cannot be finalized until Knowlton-English-Flower, Inc. has completed its current study. We expect to have the information available by August 22, 1994. Recommendation: Consider and take action on Resolution No. 94-41. nce Review Acct. Number Sufficient Funds Available Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other KHZ~ Department Head Signature I City Manager CITY COUNCIL ACTION ITEM Fin."... Director Page 1 of e RESOLUTION NO. 94-41 WHEREAS, the City of North Richland Hills and the City of Watauga are currently in negotiations concerning a sale from the City of North Richland Hills to the City of Watauga of a portion of this City's utility system; and WHEREAS, Watauga has expressed a desire to purchase every portion of this City's utility system which is located within the city limits of Watauga; and WHEREAS, the City Council deems it advisable and necessary in order to protect the health and general welfare of its citizens to make a determination as to whether or not all physical portions of its systems located in the City of Watauga can be considered excess if Watauga acquires part of the utility system of the City; and WHEREAS, after considering present usage, growth factors, the health and general welfare of its citizens, the City Council makes the findings set out below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: e 1. That regardless of other portions of its system which may be sold to the City of Watauga, the following may not be considered excess and may not be offered for sale to the City of Watauga: a. The present water connection with the City of Fort Worth located at the N.R.H. #2 Booster Pump Station, 5101 Western Center Blvd. (Saginaw- Watauga Road), Tarrant County Texas. b. North Richland Hills Booster Pump Station #2 located at 5105 Western Center Blvd., Tarrant County, Texas. c. The 2,000,000 gallon ground storage facility located at 5105 Western Ce':1ter Blvd., Tarrant County, Texas. d. The following main lines located in or near the City of Watauga which provide water to the high pressure plane of the City of North Richland Hills: . (1 ) Watauga Road Water Lines a. 24" W. L. from Pump Site b. 16" W.L. from Sta. to Denton Hwy. c. 12" W.L. Denton Hwy. to Saramac d. 8" W.L. Saramac to Stardust 400 feet 2,550 feet 8,149 feet 1 ,830 feet . e. 12" W. L. Stardust to Rufe Snow 2,519 feet . (2) D.L. Hall 24" Transmission Line 5,497 feet (3) Denton Hwy. Transmission Lines a. 16" W.L. Watauga Rd. to Chapman 2,792 feet b. 24" W.L. Chapman to Hightower 2,377 feet (4) Hightower 16" Water Transmission Line a. Denton Hwy. to Whitley 2,180 feet b. Whitley to Echo Hills 1 ,530 feet c. Echo Hills to McCoy 2,400 feet d. McCoy to Rufe Snow 1 ,300 feet e. Any interest this City has in the water line from the Fort Worth connection at Beach Street to the connection located at N.R.H. Booster Pump Station #2,5105 Western Center Blvd., Tarrant County, Texas. 2. . The Council finds that those portions of its utility system listed in Section 1, above, are necessary parts of its utility system in order for it to render efficient service to the inhabitants of the City of North Richland Hills and in order to protect the health and general welfare of its citizens. It is ordered that said portions not be deemed excess and it is further ordered that they not be sold to the City of Watauga or to any other entity. PASSED AND APPROVED this 22nd day of August, 1994. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: e Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Public Works Vacate a Portion of an Existing Easement on Stonyhrooke Addition) Lot 7) Block 14 Ordinance No. 2004 Council Meeting Date: 08/22/94 Subject: Agenda Number: GN 94-100 This lot was platted in 1974 with a 50-foot drainage and utility easement along the north side. The easement is larger than required by Public Works or the utility companies. The property owner has requested that the easement be reduced in size. A new 15-foot easement has been dedicated so that the existing easement may be reduced. The utility companies have released the easement as shown on the attached easement release form. R~comm~nd::¡tion . It is recommended that Council approve Ordinance No. 2004. Finance Review Acct. Number Sufficient Funds Available Si nature CITY COUNCIL ACTION ITEM ~ ~/t~ I - - C; anager FI....... Director Page 1 of ORDINANCE NO. 2004 . WHEREAS, the southern 35 feet of a 50 foot Drainage and Utility Easement along the northern most portion of Stonybrooke Addition, Lot 7, Block 14 and as further described on the attached Exhibit "A" is no longer required; and WHEREAS, Lone Star Gas Company, Southwestern Bell Telephone Systems, Sammons Cable Systems, Texas Utilities and North Rich1and Hills Public Works and Utilities no longer maintain facilities within the portion of the easement to be vacated and the Council finds there will be no necessity for this easement in the future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Dedication and use of that portion of the Drainage and Utility Easement described above and as indicated on Exhibit "A" attached hereto and made a part hereof is hereby vacated in favor of the legal owner of Stonybrooke Addiiton, Lot 7, Block 14. 2. . The City Council finds that any right-of-user established by prescription in favor of the public has now been abandoned and that the ownership and use of the real estate in question should revert to the owner of Stonybrooke Addition, Lot 7, Block 14 free and clear of any prescriptive claims or other rights in the public and it is so ordered. 3. Exhibit "B" attached hereto and made a part hereof shows that portion of the easement affected by this ordinance. PASSED AND APPROVED by the City Council of the City of North Richland Hills, Texas this 22nd day of August, 1994. APPROVED: Tommy Brown, Mayor ATTEST: . Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City . . . EXHIBIT" A" Being a tract of land out of Lot 7, Block 14, Stonybrooke Addition to the City of North Rich1and Hills, Tarrant County, Texas according to the revised plat recorded n Volume 388-99, Page 28, Plat Records Tarrant County, Texas, and being more particularly described as follows: COMMENCING at an iron rod at the northeast comer of Lot 7, Block 14, Stonybrooke Addition as recorded in Volume 388-99, Page 28, Plat Records Tarrant County, Texas said point being in the west line of Stoneybrooke Drive; THENCE S 00°50'05" W, with the west line of Stonybrooke Drive, a distance of 15.00 feet to a POINT OF BEGINNING; THENCE continuing S 00050'05"W with the west line of Stonybrooke Drive, a distance of 35.00 feet to a point for a comer; THENCE N 89°35'00" W, 50 foot south and parallel to the north line of Lot 7, Block 14, a distance of 115.01 feet to a point for a comer; THENCE N 00°50'00" E, 5 feet east and parallel to the west line of Lot 7, Block 14, a distance of 35.00 feet to a point for a comer; THENCE S 89°35'00" E, 15 feet south and parallel to the north line of Lot 7, Block 14, a distance of 115.01 feet to a the point of beginning and containing 4025 square feet ofland more or less. - "" o 10 20 ~ I LOT 2R BLoCK 2 ~-;ISTING 5' U.F.,/ , 1 EXISTING t:Ô' I [ - I I lo~ ~ ~I~ ... z ~ ~I ~. I&J ~ ËI I&J I&J I ~ b ~.1 Of ~ P <It :;) g 101 ~ º 8 ~ ~ C)Z,~ ~ I~ !Q ~ I . -, I ~ I -- I I J EXHIBIT "B" . .." i l' I I LOT IR BLOCK 2 S 89·:35'00" E 120.01' 15' D. ^' U.E. Vol. 11664 Pg. 1582~ - ;';9:';"'; E ~5. Ol'-~-- Southern most 35' of D. & U.E. to be 50' D. & U.E. vacated Vol. 388-99 Pg. 28 N 89' 35' OO"W 115.0) ~~IL LOT 7 BLOCK 14 . .~: I I --=--=t bt O' ,!!i w ¡:; ..J ~ Z Õ ..J 5 en in N ----- N 89·10·00" W 120.00' LOT SR, Bl.OCK 14 1 r - 0 0 . Ln ~ b 0 ~ ~ - æ Q ~ ~ f It) 0 P Q: ~ en >- 0 ~ 0 I- en en ~ , . . . . North Richland Hills, Texas REQUEST FOR RELEASE OF EASEMENT I, ~hL.... LctJ.'-l- am the current owner and responsible party for the property located at 722.5 -5-k"'fl:1.'Y1('/<e ¿/" , also described as _.5' Ion v ~¡.r",kt' Addition, Lot 2-, Block~. I am hereby requesting the release of a previously deéHcated easement. The proposed release is more particularly described as follows: (describe the improvemen~s by size, ma~erial, location and intended purpose) ::r &-bu?:(J /.'f¿~ f¡o (/hrdc. -f4 ~ý /3 It")' ~¿'~(./fof~N( f c.~ð d«d/~.I-! Cl .v(¿J I¿/ ¡JIlt··f...; eO...:ic~~...1- I q í'?~ bkt"r" ( / . D~· ...iII. North Richland Hills To... Idol., '«,~4'-+ Property Owner (prilllodl HAMEl ...,..' I ~ )I-.J.....\""\ 1_1'1 . It.... "~I.A _ ;z _, _ ~"11It~öt _~ () ""~"'od R.,. O "P....... .... (dol" It"" Colpl 1f'V1I"......... ~ ...- O "p_. ..... (dol" g- ), 'J O App'-. ..IÞ.."" Lone star Gas Co. ".._ R.,. o :=:-. To... (doll! It.... Co..I °0=- A......... R.,. ~ti ~. C R..~N IÇi1 =-. . 0 . ~ To... l1íl'-~ï"4 C"C-OQCI.~,..oR To... Idoll!'-I2S[ct4e1t1~-5~~-."1p1 ~~ W Q~ (dole' \I.... ~~ .\~ ~\.S"\-N-GT'I C.41ISŒ AL.OIiG 11-£E: r-0~~ ~~~~ ~INt. A \0' &4S5t\\E:N'Tto REPl..4C€ ~E: 50 E=.4:5"eA\S:t'\T \.\öU\..t) ('\.EEù To !SEr Al-ol'\G ~ t'\o~ PRo~~ I,... \ rve . 2wc; "........ . .._,.. Sammons CaDle Co. 'rU Electric Co. A",~"'''' II.,.. Colpl , ' . u-_.. .. nn ,,__ _ , - ~ . . North Richland Hills, Texas . REQUEST FOR RELEASE OF EASEMENT I, ~ò~'" L.ðW{.. am the current owner and responsible party for the property located at 7-V-S ~~/'~tdÁ( lJ¡-, , also described as ..5'~<1Vhr(¡)vf(~ Addition, Lot ..:1.-, Block . I am hereby requesting the release of a previously dedicated easement. The proposed release is more particularly described as follows: (describe the improvements by size, material, location and intended purpose) ::r ¿)6...A I- I~.ll IJ ç ~ r')¡! .ft¿ ~/(;;,PC>-( t../ d~~~I'l:Hcl C~~;)u<- I / . o App""",,. North Richland Hills ...lItlll AIIt~.ri..d Rep, o A"...... ...... TII.., (01.... (t"" C..nl 0--- Southwestern Bell ...k.... Telephone Co. .....-.ri..d R.,.: o ..."..... ...... TllIoI (01.... (IrIo) (>lip, o ..."....... Sammons Cable Co. ..b.kl'" "'UI~orla'" R.,.: ...,........ . ...... TllIoI . (01.... (t.... Colp' Property Owner (prtol..., NM\Jt; J:~ L~',~_ 'c'L,-! ~ , - (dol., ti .:;--<\,-+ (t"" ~) "1110,,1 Q ""P"''''. ll6J IUb.k.... Lone Star Gas Co. ....I~orta'" Rep, De me:tv \ 0..... CQ rt ~ O '-- c~ ~ . :L m ...... TllIoI Ù c:: \ \0 (dol'lb-lÞ-'ì( (telelCf~l ~Colp' ~rIun' faA.Íb.. ~ "'PP"''''· ~ ,.bnok'''' TU Electric Co. "'ul~orla"'M.,.: MD. Fø:JN~L J)./ .:T~ o TllIo, S~. ,e./)" to. ,46eÁJr "-.~ ~~ ~ ~ 19~ I /{¡ , , ' . ....... .. -- '" '-. - .. . ..... .0.. ,,' 'A"'_·-, .~ CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8/22/94 Subject: Contract Aut~orizing NETS Funding Agenda Number: GN 94-101 A contract proposal between the City of North Richland Hills and the Texas Department of Transportation has been received providing for the continuation of funding for the Northeast Transportation Service. The terms of the contract are the same as last year. State funding in the amount of$116,394 is provided for NETS, with the City acting as a pass-through conduit for the funds. No City funding is required to administer the contract. This grant ftom the TDoT represents approximately 25% of NETS projected total Operating Budget of $552,016. NETS recieves another 25% of their total funding ftom rider fares and contributions ftom member cities based upon their population. Each city contributes $0.35 per citizen per year to NETS, for a total local contribution of$99,714. The City's portion of this amount for next year is $16,063. Sufficient funding for this contribution is incorporated into the current and proposed budget. The state and local funds are matched by funding ftom the T, which accounts for the remaining 50% of the NETS budget. Although the Northeast YMCA administers this program, the Mayor is required to sign the contract on behalf of the City. Ms. Lauralee Harris, Director of Transportation Services, Northeast YMCA, will be present Monday night to answer any questions. Recommendation: It is recommended that City Council authorize the Mayor to sign the contract. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ~ - , ·~nalur. CITY COUNCIL ACTION ITEM Acct. Number Suffi ·ent Funds Available '-.- Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance Subject: Public Hearing on Proposed 1994/95 Budget Council Meeting Date~22, 1994 Agenda Number: GN 94-102 Following the budget retreat at Granbury regarding the proposed 1994/95 budget, a number of changes were made to reflect the City Council's consensus at the budget retreat. IR 94-115 which is enclosed as a part of this agenda item identifies the various changes that Council approved at the budget retreat. 1hese changes have been incorporated into the proposed budget for 1994/95 that has been placed on file with the City Secretary's Office in accordance with State law. The proposed budget for all funds totals $47,586,973. The General Fund Budget, which is the tax supported budget, totals $17,853,825. This represents approximately 6.1% above last year's General Fund budget. The second largest fund of the City is the Utility Fund and its projected budget for 1994/95 is $17,564,943. The General Debt Service Fund totals $5,298,275, and the fourth largest fund is the Park and Recreational Facilities Development Fund which totals $3,086,981. The proposed budget is based on a 57¢ tax rate which is the existing tax rate for this fiscal year. The notice of this budget hearing was published in the August 7, 1994 edition of the Mid-Cities News. It is advertised for 7:30 p.m. At the September 12 City Council meeting, the ordinance adopting the tax rate, the certified roll, exemptions, and actual adoption of the proposed 1994195 budget will be presented to City Council. At the August 22 meeting, only the public hearing on the proposed budget will be considered. ' In an effort to get the maximum amount of citizen input on the proposed budget, it is recommended that the budget hearing be opened for citizen comments after a brief overview. RECOMMENDATION: It is reoommended that following the public hearing, Council reach consensus on the proposed budget for 1994195, and direct the staff to put an ordinance on the September 12 City Council agenda adopting the budget for the next fiscal year. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other _ ~~ CITY COUNCIL ACTION ITEM , FInance D"ector Page 1 of . . . INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 94-115 \ ~ Date: Subject: August 2, 1994 Review of 1994/95 Budget Retreat Consensus At the Budget Retreat this past weekend in Granbury, several changes were made by Council regarding the proposed 1994/95 Budget. We have prepared a list of these items that we understand to be the consensus of Council. These changes will be incorporated into the proposed budget that will be placed on file with the City Secretary's office in accordance with state law. The following are the items which we understand Council to have reached consensus on related to the 1994/95 budget: 1. General Fund Revenue Changes Increased revenues from traffic enforcement. $75,000 2. General Fund Expenditures to be Deleted or Reduced (a) Eliminate microfiche reader - City Secretary (purchased in 1993/94). ($5,950)· (b) Reduce City Council expenditures. ($25,000) ($158,922) (c) Delete remaining balance in proposed 1994/95 Budget in order to Finance new programs and services. 3. New Proorams and/or Services approved by Council- General Fund (a) Add five Firefighters (% year, beginning 4/95). $92,660 $19,659 (b) Increase part-time Fire Prevention Officer to permanent full- time position. (c) Cost for providing three Fire Captain positions - (no increase in total number of personnel). $20,000 (d) Add one Police Officer and motorcycle for traffic control. (e) Add one Animal Control Officer. (f) Add Public Information Officer. $57,900 $23,391 $40,000 .. ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS . 4. Insurance Fund Changes (a) Add one Employee Benefits Clerk. $33,366 (b) Reduce Insurance Fund Reserve for 1994/95. ($33,366) 5. Park and Recreation Facilities Development Fund Changes (a) Add sand volleyball court (fund from CIP Reserves). $8,000 (b) Park and Recreation staff to pursue grants and donations for the $30,000 balance for the Teen After School Program (TASP). 6. Proiects to be funded from 1993/94 Funds (a) Electronic Citation System (test project) - use 1993/94 contingency $13,182 to finance. (b) Recycling bin roller devices for Seniors - use 1993/94 General Fund $15,000 contingency to finance. . (c) Five mobile video systems for Police - use 1993/94 General Fund $23,500 contingency to finance. (d) Upgrade library lighting - use Management Services Fund Balance - $42,900 Reserve for Building Capital Projects. Again these are the areas in which we understand consensus was reached regarding budget changes for 1994/95 and should be carried forward to the public hearing on the budget If there are any differences in your understanding of the Council's consensus on the budgetary items, please let us know as soon as possible. If we can answer any questions, we will be happy to do so. Respectively submitted, ~~ Director of Finance . 2 CITY OF NORTH RICHLAND HILLS SCHEDULE 1 CITY OF NORTH RICH LAND HILLS GENERAL FUND SUMMARY . ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Taxes $10,711,600 $11,376,695 $12,201,187 $12,328,415 $13,293,37E Fines & Forfeitures 581,134 667,797 839,786 775,205 910,08t Licenses & Permits 846,085 1,082,241 1,032,624 1,062,549 1,032,63'- Charges for Service 845,703 881,726 850,104 906,107 939,70~ Intergovernmental 1,235,000 1,394,740 1,585,000 1,585,000 1,399,52E Miscellaneous 282.718 296,730 312.009 248,632 278,50C. TOTAL REVENUES $14,502.240 $15,699,929 $16,820,710 $16,905,908 $17,853,82~ EXPENDITURES City Council $79,493 $56,275 $80,658 $80,658 $88,35~ City Manager 300,334 279,437 276,192 302,097 344,62E . Public Information ° 0 0 ° 40,00C . City Secretary 222,829 231,573 283,081 287,995 317,62C Legal 94,687 111 ,878 120,780 122,628 129,16~ Human Resources 24,912 29,384 30,983 31,515 34,50ì Finance 533,783 569,213 516,381 525,845 546,76E Citicable 112,772 120.500 129.381 131,563 140,03~ MIS 188.743 251.066 373,608 377,060 399.987 Municipal Court 388,600 430,416 468,610 484.414 486,36~ Planningllnspections 497,540 502,385 594,390 603.825 634,45€ Library 700,663 715,856 757,824 777.137 813,6713 Environmental Services 327,999 370,265 437,921 454.157 489,05ï Public Works 1,385,243 1,616,639 1.787,121 1,827,765 1.964,56:: Parks & Recreation 1,011,802 1,191,478 1,286,875 1.335,701 1,206,691 Police 4,339,750 4,599,140 4,886,464 5,033,233 5.414,97~ Fire 3,099,076 3,155,428 3,483,863 3,566,546 3,914,85~ Non-Departmental 965,308 1,190,080 1,306.578 962,253 888,12f TOTAL EXPENDITURES $14.273,534 $15,421,013 $16.820.710 $16,904,392 $17.853,82~ BALANCE $228,706 $278,916 $0 $1,516 $C ------------- ------------- ------------- -----------. ----------- ------------- ------------- ------------- ------------ ----------. . SCHEDULE 2 CITY OF NORTH RICHLAND HILLS GENERAL FUND REVENUES . ADOPTED REVISED TENT A TIV¡ ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/9~ TAXES Current Property Taxes $3,804,620 $3,520,853 $3,947,241 $3,936,652 $4,193,9£ Delinquent Property Taxes 113,965 77,937 130,000 116,451 120,OC Penalty and Interest 64,491 59,455 65,000 49,645 52,OC Franchise Fees 1,789,767 2,234,848 2,217,567 2,192,416 2,301,07 Utility Fund Franchise Taxes 233,371 269,147 313,766 313,766 347,2E Sales Taxes 4,503,213 4,988,925 5,293,581 5,485,419 6,033,9€ Mixed Beverages 52,432 69,319 67,938 67,626 73,65 Tax Searches 2,078 3,346 1,000 ° Payment in Lieu of Taxes 147,663 152,865 165,094 166,440 171 ,40 TOTAL TAXES 10,711,600 11 ,376,695 12,201,187 12,328,415 13,293,37 FINES AND FORFEITURES Municipal Court Fines 456,594 531,070 662,326 630,753 740,OE Library Fines 42,705 42,634 50,235 44,452 45,OC Warrant Fees 81,835 94,093 127,225 100,000 125,OC . TOTAL FINES AND FORFEITURES 581,134 667,797 839,786 775,205 910,OE LICENSES AND PERMITS Miscellaneous Permits 126,732 137,257 138,000 141,100 129,5C Building Permits 355,837 441,210 428,000 436,000 440,OC Electrical Permits 58,683 75,942 62,000 75,000 75,OG Plumbing Permits 30,514 39,595 30,500 39,500 37,OC Curb & Drainage Insp. Fees 36,296 78,180 52,500 25,000 35,OC Re-Inspection Fees 1,880 3,659 3,500 3,000 3,00 License Fees 6,892 9,215 9,000 8,600 9,00 Contractor Registration Fees 50,647 64,865 59,000 62,700 63,00 Animal License Fees 12,834 17,579 21,018 23,000 20,43 Animal Control Impoundment 35,590 38,593 48,159 39,500 41,OC Crematorium Revenues 0 0 11,000 1,000 2,50 Auto Impoundment Fees 77,860 101,500 101,500 136,500 102,00 Food Service Permits 35,580 56,860 53,292 53,292 55,50 Food Managers School 9,250 9,495 12,055 11,357 11,69 Fire Inspection Fees 7,490 8,291 3,100 7,000 8,00 TOTAL LICENSES AND PERMITS 846,085 1,082,241 1,032,624 1,062,549 1,032,63 . SCHEDULE 2 CITY OF NORTH RICH LAND HILLS GENERAL FUND REVENUES . ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 CHARGES FOR SERVICE Park Facility Rental $5,726 $5,523 $3,096 $5,430 $5,50! Ambulance Fees 198,061 188,587 180,000 225,000 225,00( Garbage Billing 252,348 232,929 240,000 240,000 270,00( Maps & Codes 1,224 (908) 1,400 1,100 1,50C Recreation Fees 186,653 187,712 213,608 213,608 220,00( Athletic Revenue 70,164 78,276 76,000 76,000 78,00e Planning & Zoning Fees 15,022 16,119 14,000 14,000 12,00C Sale of Accident Reports 20,361 20,755 22,000 22,000 22,50e Vital Statistics 16,340 17,718 18,500 18,500 19,05~ Mowing 29,514 50,820 48,000 48,000 40,00C Detention Services 23,139 3,557 0 0 C Non-resident Library Fees 14,688 15,323 18,500 15,869 16,05C Citicable Sponsorship 12,463 65,315 0 2,700 4,00! Video Services Income 0 0 15,000 15,000 15,00e Video Tape Sales 0 0 0 2,500 1,50C SBMS Transmitter Lease Income ° 0 0 6,400 9,60e . TOTAL CHARGES FOR SERVICE 845,703 881,726 850,104 906,107 939,70! INTERGOVERNMENTAL Admin Fee - General CIP 210,000 210,000 210,000 210,000 210,00C Admin Fee - Utility Fund 1,025,000 1,025,000 1,025,000 1 ,025,000 1 ,025,00C Admin Fee - Park & Rec. Corp. 0 159,740 350,000 350,000 164,52E TOTAL INTERGOVERNMENTAL 1,235,000 1,394,740 1,585,000 1 ,585,000 1,399,52E MISCELLANEOUS Grant Proceeds - Criminal Justice 0 22,485 70,000 70,000 60,35C Interest Income 198,877 186,458 197,940 150,000 190,00C Sale of City Property 6,138 3,788 3,500 ° C Other Income 77,703 83,999 25,850 28,632 28,15C Appropriation of Fund Balance 0 0 14,719 ° C TOTAL MISCELLANEOUS 282,718 296,730 312,009 248,632 278,50C TOTAL REVENUES $14,502,240 $15,699,929 $16,820,710 $16,905,908 $17,853,82~ ------------- ------------- ------------- ------------ ----------- ------------- ------------- ------------- ------------ ----------- . SCHEDULE 3 CITY OF NORTH RICH LAND HILLS GENERAL FUND . EXPENDITURES BY ACTIVITY & DEPARTMENT ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 Mayor and Council $79,493 $56,275 $80,658 $80,658 $88,35 City Manager 300,334 279,437 276,192 302,097 344,62 Public Information 0 0 0 0 40,00 City Secretary Administration 108,026 112,879 131,976 134,328 175,05 Public Information 28,866 27,898 31,944 32,556 42,93' Record Retention 85,937 90,796 119,161 121,111 99,63 Total City Secretary 222,829 231,573 283,081 287,995 317,62 Legal 94,687 111 ,878 120,780 122,628 129,16 Human Resources 24,912 29,384 30,983 31,515 34,50 Finance . Accounting & Administration 248,734 269,865 243,456 249,470 263,13 Purchasing 85,957 77,517 84,823 86,808 116,97' Central Cashier 64,940 64,502 0 0 Tax 102,688 128,111 144,657 145,518 125,15, Budget 31,464 29,218 43,445 44,049 41,50· Total Finance 533,783 569,213 516,381 525,845 546,76' Citicable 112,772 120,500 129,381 131,563 140,03: Mlsrr elecomlData Processing 188,743 251,066 373,608 377,060 399,98: Municipal Court Administration 149,432 107,802 109,596 123,474 104,83 Clerical 126,895 150,621 175,808 176,112 194,26: Warrants 94,698 98,397 101 ,882 102,782 104,46' Teen Court 17,575 19,216 23,845 24,567 22,46! Judicial 0 54,380 57,479 57,479 60,33( Total Municipal Court 388,600 430,416 468,610 484,414 486,36: Planning and Inspection Services Inspections 431,174 448,835 531 ,682 542,042 582,43-, Planning 66,366 53,550 62,708 61,783 52,01 t . Total Planning /Inspections 497,540 502,385 594,390 603,825 634,45f SCHEDULE 3 CITY OF NORTH RICH LAND HILLS GENERAL FUND . EXPENDITURES BY ACTIVITY & DEPARTMENT ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 Library General Services 107,414 95,708 106,471 107,786 111 ,45 Public Services 300,648 314,282 318,413 330,122 342,92 Technical Services 292,601 305,866 332,940 339,229 359,29, Total Library 700,663 715,856 757,824 777,137 813,67- Environmental Services Animal Control 201,553 276,694 302,845 315,925 358,86· Health Inspections 126,446 93,571 135,076 138,232 130,19: Total Environmental Services 327,999 370,265 437,921 454,157 489,05- Public Works Administration 110,855 118,169 134,873 138,609 148,38( Traffic Control 342,918 357,141 416,749 419,362 454,52~ . Street & Drainage 931,470 1,141,329 1,235,499 1,269,794 1,361,651 Total Public Works 1,385,243 1,616,639 1,787,121 1,827,765 1,964,56: Park & Recreation Administration 111,170 105,394 111,559 114,115 48,24( Recreation Services 365,281 391,045 400,462 414,278 358,45" Senior Adult Services 36,870 37,941 53,085 64,473 67,47: Athletic Program Services 0 98,124 116,040 117 ,248 125,3T Parks Maintenance 304,350 375,377 397,126 406,801 382,26f Public Grounds Maintenance 194,131 183,597 208,603 218,786 224,87( Total Park & Recreation 1,011,802 1,191,478 1,286,875 1,335,701 1,206,69- Police Administration 182,920 217,725 273,678 295,869 280,53- Administrative Services 870,023 577,897 604,109 623,318 647,191 Criminal Investigation 738,487 792,942 805,959 820,055 853,16~ Uniform Patrol 1 ,931 ,009 2,394,977 2,476,904 2,570,004 2,371,70: Tactical Unit 8,049 9,723 23,300 23,300 25,25- Technical Services 345,916 364,967 395,713 385,201 419,60: Detention Services 178,189 176,153 231,105 238,420 289,02( Vehicle Impoundment 85,157 64,756 75,696 77,066 83,25( Communications 0 0 0 0 445,24: Total Police 4,339,750 4,599,140 4,886,464 5,033,233 5,414,97~ . SCHEDULE 3 CITY OF NORTH RICH LAND HILLS GENERAL FUND . EXPENDITURES BY ACTIVITY & DEPARTMENT ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 Fire Department Administration 137,532 136,558 143,515 146,607 147,93 Operations 2,321,610 2,362,680 2,664,328 2,724,307 2,956,18 Emergency Medical 159,259 175,324 180,201 182,239 209,67 Support Services 280,440 261,668 233,919 248,094 286,94 Fire Inspections 141,426 141,851 174,560 176,581 201,12 Emergency Management 58,809 77,347 87,340 88,718 113,00 Total Fire 3,099,076 3,155,428 3,483,863 3,566,546 3,914,85· Non-Departmental 965,308 1,190,080 1,306,578 962,253 888,12 TOTAL EXPENDITURES $14,273,534 $15,421,013 $16,820,710 $16,904,392 $17,853,82 ------------- ------------- ------------- ------------ ---------- ------------- ------------- ------------- ------------ ---------- . . SCHEDULE 5 . CITY OF NORTH RICHLAND HILLS GENERAL DEBT SERVICE FUND ANALYSIS Actual Budget Revised Description 1992/93 1993/94 1993/94 ------------- Beginning Balance $1,422,008 $1,287,279 $1,102,403 Revenues ------------ Ad Valorem Taxes 3,926,007 4,023,029 4,023,029 Drainage Utility 283,619 509,352 509,352 Interest Income 33,380 115,227 100,000 Transfer from Golf Course 324,820 324,820 324,820 Transfer from Utility - Debt Service 0 89,665 116,604 Funds Escrowed 71,030 71,030 71 ,030 Transfer from Utility - TRA Debt 0 0 300,781 ;r_~~' :':-- '; .:: .i.;· ~~-~{, ,..,' ':, ~ '~~t't~}"'U-: ~;~~A"-~ ,-'~' .:-' . :", ',' ." - . :.......... . Expenditures Existing Bonds & C.O.ls 4,558,917 5,252,579 5,252,579 1990 Lease Purchase(MDT's) 71 ,030 71,030 71 ,030 1992 Lease Purchase SanwaGEL(AFIS/Radio) 84,514 84,514 Transfer to CIP for Street Projects 244,000 0 REVENUES LESS EXPENDITURES ($319,605) ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- (1) This is the final debt payment on the MDT System. (2) Increase of $80,520 to fund reimbursement of 92/93 charge of $244,000 that should be paid 33% from Utility Debt Service. . SCHEDULE 6 CITY OF NORTH RICHLAND HILLS UTILITY FUND SUMMARY . ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Water $8,932,130 $10,286,675 $9,770,194 $11,029,291 $11,422,290 Sewer 5,875,025 6,234,935 6,278,774 5,914,744 6,022,303 Miscellaneous 91 0 6,000 0 0 Interest Income 522,646 348,933 220,000 105,199 120,350 Appr. Retained Earnings. 0 0 1,603,379 0 0 Interfund Loans 0 0 0 0 0 TOTAL REVENUES $15,329,892 $16,870,543 $17,878,347 $17,049,234 $17,564,943 OPERATING EXPENDITURES Administration $43,014 $51 ,186 $51,886 $53,128 $60,046 Public Work$ 2,632,555 2,638,846 2,580,207 2,680,194 2,821 ,075 Engineering 185,100 177,964 254,932 260,605 271,364 . Utility Billing & Collections 1,121,314 1,084,058 1,221,319 1,227,518 1 ,195,353 Purchase of Water/Sewer FTW 3,804,293 4,664,000 5,100,000 4,862,500 5,045,000 Purchase of Water/Sewer TRA 2,626,559 3,019,788 3,300,000 3,162,500 3,100,000 Non-Departmental 357,097 273,410 572,497 537,829 660,079 Total Operating Expenses 10,769,932 11,909,252 13,080,841 12,784,274 13,152,917 OTHER EXPENDITURES & RESERVES Payment to Debt Service $1,728,000 $1,937,049 $2,163,738 $2,163,738 $2,167,163 Franchise Fees 303,697 339,136 313,768 336,540 347,287 Administrative Fees 1,025,000 1,025,000 1,025,000 1,025,000 1,025,000 Reserve for CIP Projects 1,021,612 1,080,778 1,075,000 519,682 642,576 Payment in Ueu of Taxes 206,625 216,886 220,000 220,000 230,000 Total Other Exp. & Reserves 4,284,934 4,598,849 4,797,506 4,264,960 4,412,026 TOTAL EXPENDITURES $15,054,866 $16,508,101 $17,878,347 $17,049,234 $17,564,943 BALANCE $275,027 $362,442 $0 $0 $0 ------------ ------------ ------------ ===========: ===========: ------------ ------------ ------------ . SCHEDULE 7 CITY OF NORTH RICHLAND HILLS WATER REVENUES & EXPENDITURES . ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Water Sales $8,389,076 $9,870,445 $9,590,000 $10,818,029 $11,225,040 SelVice Charges 66,364 76,225 63,078 94,146 86,150 Water Taps 65,584 103,795 78,866 78,866 80,000 Water Inspection Fees 23,933 14,459 14,790 14,790 15,000 Pro-Rata Water 10,193 0 0 0 0 Miscellaneous 4,158 27,034 15,300 15,300 7,800 Water Wells 8,094 9,934 8,160 8,160 8,300 Water Impact Fees 364,728 184,783 0 0 0 Total Water Sales & Charges $8,932,130 $10,286,675 $9.770,194 $11,029,291 $11,422,290 MISCELLANEOUS Interest Income 313,588 174.467 110,000 52,600 95,700 Sale of City Property 46 0 6,000 0 0 Interfund Loans 0 0 0 0 0 Approp. Ret. Earnings 0 0 978,061 0 0 Total Miscellaneous Revenue $313,634 $174.467 $1,094,061 $52,600 $95,700 TOTAL REVENUES $9,245,764 $10,461,142 $10,864,255 $11,081,891 $11,517,990 . OPERATING EXPENSES Administration $21,507 $25,593 $31,650 $26,564 $40,831 Water Operations 2,001,043 2,093,304 2,006,796 2,098,170 2,219,592 Purchase of Water FTW 2,775,487 3,548,651 3,700,000 3,600,000 3,650,000 Purchase of Water TRA 1,424,785 1,667,832 1,800,000 1,800,000 1,500,000 Field Operations 92,550 88,982 0 0 0 Engineering 0 0 127,466 130,302 173,673 Total Water Operations $6,293,865 $7,398,769 $7,634,262 $7,628,472 $7,543,265 Meter Reading 169,419 170,962 165,794 166,438 214,944 Utility Billing/Customer SelVice 368,196 365,445 389,199 391,090 400,583 Central Collection Services 0 0 32,769 33,332 69,903 Budget & Accounting 23,042 5,622 22,899 22,899 103,502 Total Finance & Utility Collections $560,657 $542,029 $610,661 $613,759 788,932 Non-Departmental $178,549 $136,705 $286,249 $328,076 402,648 Total Operating Expenses $7,054,578 $8,103,096 $8,562,822 $8,596,871 $8,775,676 OTHER EXPENDITURES & RESERVES Debt Service 1.107.270 1.266,106 1.368,973 1.368,973 1,371.707 Franchise Fees 170,050 197,703 219,242 235,578 243.100 Administrative Fees 625,250 625,250 625,250 625,250 625,250 Reserve for CIP Projects 510.806 540,389 537.500 259,841 332,057 . Payment In Lieu Of Taxes 103,313 1 08,443 110,000 110,000 170,200 Total Other Exp. & Reserves $2,516,689 $2,737,891 $2,860,965 $2,599,642 $2,742,314 TOTAL EXPENDITURES $9,571,267 $10,840.987 $11,423,787 $11,196,513 $11,517,990 BALANCE ($325.503) ($379.846) ($559,532) ($114,623) $0 ---------- ----------- ----------- ----------- ----------- ---------- ----------- ----------- ----------- ----------- SCHEDULE 8 CITY OF NORTH RICHLAND HILLS SEWER REVENUES & EXPENDITURES . ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Sewer Sales $5,707,928 $6,117,961 $6,177,989 $5,845,027 $5,900,000 Sewer Taps 22,475 28,895 33,405 33,405 34,220 Sewer Transportation 14,443 13,931 17,830 17,830 18,283 Sewer Inspection Fees 19,659 15,251 18,482 18,482 19,000 Pro-Rata Sewer 1,536 0 0 0 0 Sewer Access Fees 0 0 0 0 0 Sewer Impact Fees 108,984 58,897 0 0 0 Service Charges 0 0 31,068 0 43,000 Miscellaneous 0 0 0 0 7,800 Total Sewer Sales & Charges $5,875,025 $6,234,935 $6,278,774 $5,914,744 $6,022,303 MISCELLANEOUS Interest Income 209,058 174,467 110,000 52,600 24,650 Sale of City Property 46 0 0 0 0 Interfund Loans 0 0 0 0 0 Approp. Ret. Eamings 0 0 625,318 0 0 Total MIscellaneous Revenue $209,104 $174,467 $735,318 $52,600 $24,650 TOTAL REVENUES $6,084,129 $6,409,402 $7,014,092 $5,967,343 $6,046,953 . OPERATING EXPENSES Administration $21,507 $25,593 $20,236 $26,564 $19,215 Sewer Operations 631,512 545,542 573,411 582,024 601,483 Sewer Treatment F1W 1,028,806 1,115,349 1,400,000 1,262,500 1,395,000 Sewer Treatment TRA 1,201,774 1,351,956 1,500,000 1,362,500 1,600,000 Field Operations 92,550 88,982 0 0 0 Engineering 0 0 127,466 130,303 97,691 Total Sewer Operations $2,954,642 $3,101,829 $3,600,877 $3,337,327 $3,694,174 Meter Reading 169,419 170,962 165,793 166,438 110,729 Utility Billing/Customer Service 368,196 365,445 389,198 391,090 206,361 Central Collection Services 0 0 32,768 33,332 36,011 Budget & Accounting 23,042 5,622 22,899 22,899 53,320 Total Finance & Utility Collections $560,657 $542,029 $610,658 $613,759 $406,421 Non-Departmental $178,548 $136,705 $286,248 $209,753 $257,431 Total Operating Expenses $3,715,354 $3,806,156 $4,518,019 $4,187,403 $4,377,241 OTHER EXPENDITURES & RESERVES Debt Service 620,730 670,943 794,765 794,765 795,456 Franchise Fees 133,647 141,433 94,526 100,962 104,187 Administrative Fees 399,750 399,750 399,750 399,750 399,750 Reserve for CIP Projects 510,806 540,389 537,500 259,841 310,519 . Payment In Lieu Of Taxes 103,313 108,443 110,000 110,000 59,800 Total Other Exp. & Reserves $1,768,246 $1,860,958 $1,936,541 $1,665,318 $1,669,712 TOTAL EXPENDITURES $5,483,599 $5,667,114 $6,454,560 $5,852,721 $6,046,953 ------- ---------------- BALANCE ===J~2~=~~~: $742,288 $559.532 $114,623 $0 -----------. ===========: ===========: ===========: -----------. SCHEDULE 9 CITY OF NORTH RICHLAND HILLS . MANAGEMENT SERVICES FUND SUMMARY ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BDUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Building Maintenance $761,353 $849,485 $979,919 $1,030,479 $1,272,867 Equipment Services 1,004,886 1,140,357 1,665,999 1,674,409 1,878,061 TOTAL REVENUES $1,766,239 $1,989,842 $2,645,918 $2,704,888 $3,150,928 EXPENDITURES Administration $93,514 $114,507 $122,406 $125,400 $137,788 Building Maintenance 677,241 697,968 904,488 910,741 1 ,126,058 Equipment SelVices 863,014 727,286 1 ,224,862 1,226,440 1,417,815 Non-Departmental 48 4,364 24,962 14,138 0 Building Maintenance ReselVe 37,331 92,082 0 50,560 77,915 Equipment Services ReselVe 95,091 353,635 369,200 377,609 391,352 TOTAL EXPENDITURES $1,766,239 $1,989,842 $2,645,918 $2,704,888 $3,150,928 . BALANCE $0 $0 $0 $0 $0 ===========: ===========: ===========: ===========: ==-========: . SCHEDULE 10 CITY OF NORTH RICHLAND HILLS MANAGEMENT SERVICES FUND . SUMMARY OF BUILDING MAINTENANCE OPERATIONS ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES CHARGES FOR SERVICE General Fund $553,354 $543,590 $587,500 $587,500 $579,504 Utility Fund 204,669 303,124 391,669 391 ,669 $504,863 TOTAL CHARGES FOR SERVICE $758,023 $846,714 $979,169 $979,169 $1,084,367 OTHER REVENUE Interest Income 3,330 2,733 750 8,410 9,000 Other Income 0 38 0 0 0 Appropriation from Building Capital Projects 0 0 0 $42,900 179,500 TOTAL OTHER REVENUE $3,330 $2,771 $750 $51,310 $188,500 TOTAL REVENUES $761,353 $849,485 $979,919 $1,030,479 $1,272,867 . EXPENDITURES Administration 46,757 57,253 61 ,203 62,700 $68,894 Building Maintenance 677,241 697,968 904,488 910,741 1 ,126,058 Non-Departmental 24 2,182 14,228 14,138 0 Reserve for Building Capital Projects 37,331 92,082 0 42,900 77,915 TOTAL EXPENDITURES $761,353 $849,485 $979,919 $1,030,479 $1,272,867 NET INCOME(LOSS) $0 $0 $0 $0 $0 ============: ===========: ===========: ===========: ============ . SCHEDULE 11 CITY OF NORTH RICH LAND HILLS MANAGEMENT SERVICES FUND . SUMMARY OF EQUIPMENT SERVICE OPERA TrONS ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES CHARGES FOR SERVICE General Fund $585,098 $563,877 $473,877 $473,877 $505,246 Utility Fund 415,508 487,432 502,843 502,843 525,812 Utility CIP / Construction 0 13,291 17,992 17,992 35,559 General CIP Fund 0 8,590 3,889 3,889 4,195 Promotional Fund 950 1,058 0 0 0 TOTAL CHARGES FOR SERVICE $1,001,556 $1,074,248 $998,601 $998,601 $1,070,812 OTHER REVENUE Appropriation of Fund Balance 0 0 109,248 108,658 0 Approp. Vehicle Maint. Reserve 0 0 524,600 524,600 768,249 Interest Income 3,330 2,733 750 9,750 9,000 Sale of City Property 0 63,338 32,800 32,800 30,000 Other Income 0 38 0 0 0 TOTAL OTHER REVENUE $3,330 $66,109 $667,398 $675,808 $807,249 . TOTAL REVENUES $1,004,886 $1,140,357 $1,665,999 $1,674,409 $1,878,061 EXPENDITURES Administration $46,757 $57,254 $61,203 $62,700 $68,894 Equipment Services 863,014 727,286 1,224,862 1,226,440 1,417,815 Non-Departmental 24 2,182 10,734 0 0 Reserve for Equipment Services 95,091 353,635 369,200 385,269 391,352 TOTAL EXPENDITURES $1,004,886 $1,140,357 $1,665,999 $1,674,409 $1,878,061 NET INCOME(LOSS) $0 $0 $0 $0 $0 -----------. ------------ ------------ ------------ ------------ -----------. -----------. ------------ ------------ ------------ . SCHEDULE 12 CITY OF NORTH RICH LAND HILLS SELF-INSURANCE FUNDS SUMMARY · ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES General Fund $1,428,435 $1,445,987 $1,306,547 $1 ,307,247 $1,451,275 Utility Fund 465,295 439,450 511,932 511,932 501,512 Management Services 120,348 107,870 107,870 107,870 116,252 Miscellaneous Funds 0 28,109 26,834 26,834 57,046 Dependent Receipts 0 257,611 319,200 319,200 357,504 Electric Franchise Fees 0 0 178,500 178,500 190,000 Interest Income 89,142 71,959 52,640 52,040 54,624 Miscellaneous 0 8,629 0 49,230 0 TOTAL REVENUES $2,103,220 $2,359,615 $2,503,523 $2,552,853 $2,728,213 EXPENDITURES Payment of Claims: General Fund $1,546,386 $2,278,227 $1,896,791 $1,918,612 $1,965,000 Utility Fund 312,388 281,164 348,612 302,532 321,000 Management Services 121,425 71,807 90,110 146,910 127,100 · Life Insurance Premiums 0 51,684 0 51,680 51,280 Personnel Activity 119,472 123,231 133,119 133,119 168,325 Reserve for Insurance Claims 3,549 (446,498) 34,891 0 95,508 TOTAL EXPENDITURES $2,103,220 $2,359,615 $2,503,523 $2,552,853 $2,728,213 BALANCE $0 $0 $0 $0 $0 ===========: ===========: ===========: ===========: ===========: · SCHEDULE 13 CITY OF NORTH RICHLAND HILLS SELF-INSURANCE FUND REVENUES . ADOPTED REVISED TENT A TIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES General Fund Health $1,068,901 $1,096,123 $955,192 $955,192 $1,078,270 Worker's Compensation 218,275 222,597 223,055 223,755 244,705 General Liability 141,259 127,267 128,300 128,300 128,300 General Fund Revenues 1,428,435 1,445,987 1,306,547 1,307,247 1,451,275 Utility Fund Health 288,195 245,200 301 ,907 301,907 294,787 Worker's Compensation 160,150 169,250 185,025 185,025 181,725 General Liability 16,950 25,000 25,000 25,000 25,000 Utility Fund Revenues 465,295 439,450 $511,932 $511,932 $501,512 Management Services Health 82,698 69,520 69,520 69,520 77,902 Worker's Compensation 13,650 14,350 14,350 14,350 14,350 . General Liability 24,000 24,000 24,000 24,000 24,000 Mgmt. Services Revenues 120,348 107,870 107,870 107,870 116,252 Miscellaneous Funds Health 0 21,139 20,589 20,589 46,391 Worker's Compensation 0 6,970 6,245 6,245 10,655 Misc. Funds Revenue 0 28,109 26,834 26,834 57,046 Other Revenues Other Income 0 8,629 0 49,230 0 Dependant Recipts 0 257,611 319,200 319,200 357,504 Franchise Fees 0 0 178,500 178,500 190,000 Interest Income 89,142 71,959 52,640 52,040 54,624 Other Revenues 89,142 338,199 550,340 598,970 602,128 TOTAL REVENUES $2,103,220 $2,359,615 $2,503,523 $2,552,853 $2,728,213 ------------ ------------ ------------ ------------ ------------ -----------. ------------ ------------ ------------ ------------ . SCHEDULE 14 CITY OF NORTH RICHLAND HILLS SELF-INSURANCE FUND EXPENDITURES . ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 PAYMENT OF CLAIMS General Fund Health $1,321,703 $2,139,486 $1,714,240 $1,713,061 $1,775,000 Worker's Compensation 211,331 68,188 65,551 155,551 130,000 General Liability 13,352 70,553 117,000 50,000 60,000 General Fund Expenditures 1,546,386 2,278,227 1,896,791 1,918,612 1,965,000 Utility Fund Health 287,928 259,038 316,120 263,120 280,000 Worker's Compensation 12,941 19,589 20,777 20,777 25,000 General Liability 11,519 2,537 11,715 18,635 16,000 Utility Fund Expenditures 312,388 281,164 348,612 302,532 321,000 Management Services Health 113,440 71,663 86,810 144,810 125,000 . Worker's Compensation 7,985 144 300 300 300 General Liability 0 0 3,000 1,800 1,800 Mgmt. Services Expenditures 121 ,425 71,807 90,110 146,910 127,100 Total Claims 1,980,199 2,631,198 2,335,513 2,368,054 2,413,100 Insurance Fund-Personnel Operating Budget 119,472 123,231 133,119 133,119 168,325 Ufe Insurance Premiums 0 51,684 0 51 ,680 51,280 Reserve for Insurance Claims 3,549 (446,498) 34,891 0 95,508 TOTAL EXPENDITURES $2,103,220 $2,359,615 $2,503,523 $2,552,853 $2,728,213 -----------. ===========: ===========: ===========: ===...I:n~===: -----------. . SCHEDULE 15 CITY OF NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT FUND . REVENUE & EXPENDITURES SUMMARY ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Sales Tax $0 $1,515,721 $2,646,790 $2,742,710 $3,016,981 Interest Income 0 69,500 15,000 70,000 70,000 TOTAL REVENUES $0 $1,585,221 $2,661,790 $2,812,710 $3,086,981 EXPENDITURES OPERATING EXPENSES Park Facilities Development Admin, $0 $99,039 $217,000 $217,000 $223,498 Administrative Fees 0 60,701 133,000 133,000 164,526 Maintenance & Operations 0 31,051 65,000 122,000 165,439 TOTAL OPERATING EXPENSES $0 $190,791 $415,000 $472,000 $553,463 . OTHER EXPENDITURES & RESERVES Debt Service 0 390,253 701,228 701,228 1,071,721 Reserve for Capital Projects 0 992,527 1,545,562 1,639,482 1,461,797 Undesignated Fund Balance 0 11 ,650 0 0 ° TOTAL OTHER EXP. & RESERVES $0 $1,394,430 $2,246,790 $2,340,710 $2,533,518 TOTAL EXPENDITURES $0 $1,585,221 $2,661,790 $2,812,710 $3,086,981 NET INCOME (LOSS) $0 $0 $0 $0 $0 -----------. -----------. -----------. ------------ -----------. -----------. -----------. -----------. -----------. -----------. . . SCHEDULE 16 CITY OF NORTH RICHLAND HILLS PROMOTIONAL FUND REVENUE & EXPENDITURES SUMMARY ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992193 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Occupancy Tax Proceeds $159,282 $155,828 $200,000 $200,000 $212,000 Interest Income 6,609 4,587 4,900 4,900 4,264 Appropriation of Fund Balance 4,065 12,134 26,843 50,690 0 TOTAL REVENUES $169,956 $172,549 $231,743 $255,590 $216,264 EXPENDITURES Economic Development $169,956 $172,549 $231,743 $255,590 $216,264 TOTAL EXPENDITURES $169,956 $172,549 $231,743 $255,590 $216,264 BALANCE $0 $0 $0 $0 $0 -----------. ------------ ------------ -----------. -----------. ------------ -----------. ------------ -----------. ------------ . . SCHEDULE 17 CITY OF NORTH RICHLAND HILLS DONATIONS FUND . REVENUE & EXPENDITURES SUMMARY ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Contributions from Water Bills $91,352 $91,352 $96,000 $92,000 $92,300 Grant Proceeds 13,750 13,750 0 5,500 34,715 Interest Income 5,735 5,735 0 4,000 0 Publicity Fees 0 0 20,000 20,000 24,999 Special Event Sponsorships 0 0 45,906 45,906 30,425 Approp. of Fund Balance-Parks 1,940 8,625 0 54,425 0 TOTAL REVENUES $112,777 $119,462 $161,906 $221,831 $182,439 EXPENDITURES Parks $66,064 $66,064 $65,906 $125,831 $90,139 Library 46,713 46,713 48,000 48,000 46,000 Animal Control 0 6,685 28,800 28,800 27,800 General Public Improvements 0 0 19,200 19,200 18,500 . TOTAL EXPENDITURES $112,777 $119,462 $161,906 $221,831 $182,439 BALANCE $0 $0 $0 $0 $0 -----------. ------------ ------------ -----------. ============ -----------. -----------. -----------. -----------. . . SCHEDULE 18 CITY OF NORTH RICHLAND HILLS CIP PERSONNEL FUNDS REVENUE & EXPENDITURES SUMMARY ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Appropriation from CIP Unspecified $250,726 $796,413 $773,213 $773,213 $722,831 TOTAL REVENUES $250,726 $796,413 $773,213 $773,213 $722,831 EXPENDITURES General CIP Personnel $100,041 $85,206 $82,440 $82,440 $84,959 Utility CIP Personnel 150,685 151,911 108,773 108,773 111 ,514 Utility Construction 0 323,322 582,000 582,000 526,358 Designated Reserve / CIP Projects 0 235,974 0 0 0 TOTAL EXPENDITURES $250,726 $796,413 $773,213 $773,213 $722,831 BALANCE $0 $0 $0 $0 $0 -----------. -----------. ===========: ============ ============ -----------. ------------ . . SCHEDULE 19 CITY OF NORTH RICH LAND HILLS . DRAINAGE UTILITY FUND REVENUE & EXPENDITURES SUMMARY ADOPTED REVISED TENTATIVE ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 1991/92 FY 1992/93 FY 1993/94 FY 1993/94 FY 1994/95 REVENUES Drainage Fees $542,216 $570,096 $600,000 $639,000 $640,000 Interest Income 0 3,009 3,200 1,685 2,000 Appropriation of Fund Balance 0 0 0 0 0 TOTAL REVENUES $542,216 $573,105 $603,200 $640,685 $642,000 EXPENDITURES Engineering $3,173 $0 $0 $0 $0 Transfer for General CIP 539,043 289,486 93,848 131,333 171,157 Transfer to Debt Service 0 283,619 509,352 509,352 470,843 TOTAL EXPENDITURES $542,216 $573,105 $603,200 $640,685 $642,000 BALANCE $0 $0 $0 $0 $0 -----------. -----------. ------------ ------------ -----------. . ------------ -----------. -----------. ------------ -----------. . CITY OF NORTH RICHLAND HILLS Department: Finance _ Council Meeting Date: A..g.S22, 1æ4 Subject: Consideration of Action on All Matters Pertaining to the Award Ag nda N mber: GN 94-103 and Sale of $180,000 in City of North Richland Hills, Texas, PUblic ~rope~y Finance Contractual Obligations, Series 1994-0rdinance 2005 Iron Horse Golf Course is in need of replacing various pieces of equipment, primarily mowers and some different sizes of trucks. After examining various methods to finance this equipment, estimated to cost approximately $180,000, it was determined that using Public Property Finance Contractual Obligations would be the best method to finance these. The use of Contractual Obligations requires similar procedures as in the sale of Certificates of Obligation or Bonds in that an ordinance must be passed. The Contractual Obligations in the amount of $180,000 are to be paid over a five year period by the Golf Course. The actual sale of these Contractual Obligations will be by private placement, and we will have the lender and the interest rate for the Monday night City Council meeting. Delivery of the funds is anticipated by September 27, 1994. RECOMMENDATION: It is recommended that the City Council adopt Ordinance 2005 authorizing the award and sale of $180,000 of Public Property Finance Contractual Obligations, Series 1994. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Suffcient Funds Available Operating Budget O~~~ ~ ~ V "~: UeVartment Hea~ture CITY COUNCIL ACTION ITEM , Finance Director Page 1 of · ORDINANCE NO. AN ORDINANCE approving and authorizing the execution and delivery of "CITY OF NORTH RICHLAND HILLS, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 1994"; specifying the terms of such contracts; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contracts, including the approval and execution of a Paying Agent/Registrar Agreement and the approval of an Official Statement; and providing an effective date. WHEREAS, pursuant to V.T.C.A., Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act), the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property; and · WHEREAS, in accordance with the provisions of the Public Property Finance Act, the City Council hereby finds and determines that the acquisition, use or purchase of certain items of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City, should be financed under and pursuant to one or more contractual obligations to be executed and delivered on the terms and in the form hereinafter prescribed; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: Contract Authorization - Contract Amount - PrODertv Identification. Contracts, aggregating in amount $180,000 (the "Aggregate Contract Amount") and entitled "City of North Richland Hills, Texas, Public Property Finance Contractual Obligations, Series 1994" (the "Contractual Obligations" or the "Contracts") shall be and are hereby authorized to be executed and delivered with the Initial Contracting Party (hereinafter identif ied in Section 15 hereof), and the assigns thereof, to finance the use or the purchase or other acquisition of personal property identified in Exhibit A attached hereto and incorporated herein by reference as a part of this Ordinance for all purposes, or such other personal property, appl iances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City (the "Property"); all in accordance with and pursuant to authority · 0191993 - conferred by the laws of the state of Texas, particularly the Public Property Finance Act. SECTION 2: Fullv Reqistered Form Contract Date- Authorized Amounts-Installment Payments-Interest Rates. The Contracts shall be made, executed and delivered in fully registered form, bear a date of August 15, 1994 (the "Contract Date"), and, except for the Initial Contracts authorized in Section 7 hereof, shall be in authorized amounts of $5,000 or any integral multiple thereof (not to exceed an Installment Amount), and the Aggregate Contract Amount shall be payable in annual installments (the "Installment Amounts") on February 15 in the amounts and interest shall accrue on such Installment Amounts at per annum rate(s) as follows: Payment Date Installment Amount Interest Rate(s) 1995 1996 1997 1998 1999 $ 35,000 35,000 35,000 35,000 40,000 % -% -% -% -% . Interest on the unpaid Installment Amounts shall accrue from the Contract Date (calculated on the basis of a 360-day year of twelve 30-day months) and such interest shall be payable on February 15 and August 15 in each year, commencing February 15, 1995. SECTION 3: Terms of payment-pavinq Aqent/Reqistrar. The Installment Amounts on each Contract and the interest thereon shall be payable only to the registered contracting party or person (hereinafter called the "Contracting Party") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and such Installment Amounts and the interest payable thereon shall be payable in 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 without exchange or collection charges to the Contracting Party. The selection and appointment of Bank One, Texas, N.A., Fort Worth, Texas to serve as Paying Agent/Registrar for the Contracts is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Contracts (the "Contract 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 B, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may e 0191993 -2- e . - prescribe. The Mayor and City Secretary are hereby authorized to execute and deliver such Agreement in connection with the delivery of the Contracts. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Contracts are paid and discharged, and any successor paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified to perform the duties and services of paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Contracts, the City agrees to promptly cause a written notice thereof to be sent to each Contracting Party by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Installment Amounts shall be payable when due only upon the presentation and surrender of the Contracts to the Paying Agent/Registrar at its principal office. Interest on the Installment Amounts shall be paid to the Contracting Parties which appear in the Contract 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 Contracting Party recorded in the Contract Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the contracting Party. If the date for the payment of an Installment Amount or interest thereon shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the office of the Paying Agent/Registrar designated for the payment and assignment of the Contracts 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. 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 contracting Party appearing on the Contract Register at the close of business on the last business day next preceding the date of mailing of such notice. 0191993 -3- e SECTION 4: Non-Optional. The Contracts shall not be subject to prepayment prior to their Payment Dates at the option of the City. SECTION 5: Assiqnment - Reqistration-Transfer-Exchanqe of Contracts. The Paying Agent/Registrar shall obtain, record, and maintain in the Contract Register the name and address of each and every contracting Party to a Contract executed and delivered under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Contract may be assigned, transferred or exchanged for Contracts of other authorized amounts by the contracting Party, in person or by his duly authorized agent, upon surrender of such Contract to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of assignment and transfer or request for exchange duly executed by the contracting Party or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Any Contract to be assigned and transferred shall be surrendered to the paying Agent/Registrar and, upon its receipt and cancellation, the Paying Agent/Registrar shall register and deliver, in the name of the designated assignee or transferee, one or more new Contracts of authorized amounts and, except for the assignment and transfer of the Initial Contract by the Initial Contracting Party, having the same Payment Date and of a like Installment Amount as the Contract or Contracts surrendered for 4IÞ assignment and transfer. Contracts may be exchanged for Contracts of other authorized amounts and having the same Payment Date, bearing the same rate of interest and of like aggregate Installment Amount as the Contracts surrendered for exchange, upon surrender of the Contracts to be exchanged to the Paying Agent/Registrar. Whenever any Contracts are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Contracts to the Contracting Party requesting the exchange. When a Contract has been duly assigned and transferred or exchanged, the new Contract or Contracts registered in such assignment and transfer or exchange shall be delivered to the Contracting Party at the principal office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Contracting Party, and, upon the registration and delivery thereof, such Contracts 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 Contracts surrendered in such assignment and transfer or exchange. All transfers or exchanges of Contracts pursuant to this section shall be made without expense or service charge to the contracting Party, except as otherwise herein provided, and except - 0191993 -4- e that the Paying Agent/Registrar shall require payment by the contracting Party requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. contracts cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Contracts," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Contract or Contracts registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Contracts" shall include any mutilated, lost, destroyed, or stolen Contract for which a replacement Contract has been registered and delivered in lieu thereof pursuant to the provisions of section 11 hereof and such new replacement Contract shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Contract. e SECTION 6: Book-Entrv Onl v Transfers and Transactions. Notwithstanding the provisions contained in sections 3 and 5 hereof relating to the payment, and transfer/exchange of the Contracts, 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 Contracts. Pursuant to the Depository Agreement and the rules of DTC, the Contracts shall be deposited with DTC who shall hold said Contracts for its participants (the "DTC Participants"). While the Contracts are held by DTC under the Depository Agreement, the Holder of the Contracts on the Contract 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 Contract (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 Contracts 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 Contracts, the City covenants and agrees with the Holders of the Contracts to cause Contracts to be printed in definitive form and provide for the Contract certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Contracts in def ini ti ve form shall be assigned, transferred and exchanged on the Contract Register maintained by the Paying Agent/Registrar and payment of - 0191993 -5- e such Contracts shall be made in accordance with the provisions of sections 3 and 5 hereof. SECTION 7: Execution - Reqistration. The Contracts shall be executed on behalf of the City by the Mayor, with the seal of the City reproduced or impressed thereon and countersigned by the City Secretary. The signature of such officers on the Contracts may be manual or facsimile. Contracts bearing the manual or facsimile signatures of the persons holding such offices on the Contract Date shall be deemed to be duly executed on behalf of the City, notwithstanding a change in persons holding such offices at the time of delivery of the Contracts to the Initial Contracting Party and with respect to Contracts delivered in subsequent assignments and transfers or exchanges. . No Contract shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless the registration certificate appearing on the Contracts to be signed by the Comptroller of Public Accounts of the State of Texas (substantially in the form provided in section 9C) and/or the Paying Agent/Registrar (substantially in the form provided in section 9D), either or both such certificates, as the case may be, are manually executed by an authorized officer, employee or representative of the comptroller of Public Accounts and/or the Paying Agent/Registrar, and such registration certificate, either or both, upon any Contract when duly executed by the Comptroller of Public Accounts and/or the Paying Agent/Registrar, as the case may be, shall be conclusive evidence, and the only evidence, that such Contract has been duly certified, registered and delivered. SECTION 8: Initial Contracts. The Contracts herein authorized may be initially executed and delivered as a single fully registered Contract in the Aggregate Contract Amount with Installment Amounts to become due and payable as provided in Section 2 hereof and numbered T-1 and registered in the name of the Initial contracting Party or the designee thereof. Such single fully registered Contract shall be 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 Contracting Party. Any time after the delivery of such single fully registered Contract, the paying Agent/Registrar, pursuant to written instructions from the Initial Contracting Party, shall cancel such obligation and exchange therefor Contracts of authorized amounts and in Installment Amounts with Payment Dates and bearing applicable interest rates for transfer and delivery to the Contracting Parties named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial contracting Party and such other information and documentation as the Paying Agent/Registrar may reasonably require. - 0191993 -6- e . e SECTION 9: Forms. A. Forms Generallv. The Contracts, 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 the Contracts, 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 and such legends and endorsements (including insurance legends in the event the Contracts, or any installment amounts thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be determined by the officers executing and delivering such Contracts as evidenced by their execution. The Contracts shall be printed, lithographed, or engraved or produced in any other similar manner, all as determined by the officers executing such Contracts as evidenced by their execution, but the single fully registered obligation authorized in section 8 hereof may be typewritten or photocopied or otherwise reproduced. B. General Contract Form. REGISTERED NO. REGISTERED $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION SERIES 1994 Contract Date: August 15, 1994 Interest Rate: Payment Date: CUSIP NO: Contracting Party: Installment 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, hereby agrees and promises to pay to the order of the contracting party named above, or the registered assigns thereof, the Installment Amount hereinabove stated on the Payment Date specified above (without right of prepayment) and to pay interest on such unpaid Installment Amount 0191993 -7- · e - from the Contract 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, 1995. The Installment Amount is payable on the Payment Date noted above to the Contracting Party upon presentation and surrender of this Contract to the principal office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the Contracting Party of this obligation (or one or more Predecessor Contracts, as defined in the Ordinance hereinafter referenced) who appears on the "Contract 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 such Contracting Party recorded in the Contract Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. The Installment Amount of this Contract and interest thereon shall be paid without exchange or collection charges to the Contracting Party 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 Contract is one of a number of contracts aggregating in amount $180,000 (herein referred to as the "Contracts"), executed and delivered to finance the acquisition, use or purchase of personal property, under and in strict conformity with the Constitution and laws of the state of Texas, particularly the Public Property Finance Act (V.T.C.A., Local Government Code, Subchapter A of Chapter 271) and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). This Contract is an obligation of the City payable from the pledged 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 principal office of the Paying Agent/Registrar, and to all of the provisions of which the Contracting Party by the acceptance hereof hereby agrees, for definitions of terms; the description of and the nature and extent of the taxes pledged for the payment of the Contracts; the terms and conditions relating to the assignment and transfer of this Contract; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the contracting Parties; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Contract may be discharged at or prior to its Payment Date, and the obligation evidenced by the Contracts cease to exist as an obligation of the City; and for 0191993 -8- · e - other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Contract, subject to certain limitations contained in the Ordinance, may be assigned and transferred on the Contract Register only upon its presentation and surrender at the principal office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered party hereof, or his duly authorized agent. When a transfer on the Contract Register occurs, one or more new fully registered Contracts with the same Payment Date, in authorized amounts, bearing the same rate of interest, and of the same Installment Amount will be delivered by the Paying Agent/Registrar to the designated assignee or assignees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered party whose name appears on the Contract Register (i) on the Record Date as the Contracting Party entitled to payment of interest hereon, (ii) on the date of surrender of this Contract as the contracting Party entitled to payment of the Installment Amounts on the Payment Date, and (iii) on any other date as the Contracting Party to notify 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. 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 Contracting Party appearing on the Contract 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 execution and delivery of the Contracts is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the execution and delivery of the Contracts 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; and that due provision has been made for the payment of the Contracts and interest thereon as aforestated. In case any provision in this 0191993 -9- . . e Contract 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 Contract and the Ordinance shall be construed in accordance with and shall be governed by the laws of the state of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Contract to be duly executed under the official seal of the City as of the Contract Date. CITY OF NORTH RICHLAND HILLS, TEXAS ATTEST: Mayor City Secretary (SEAL) C. *Form of Reqistration certificate of Comptroller of Public Accounts to appear on Initial Contract 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 Contract 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 signature office this seal of my and Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: omit on definitive Contracts 0191993 -10- e e e D. Form of certificate of pavinq Aqent/Reqistrar to appear on definitive Contracts. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Contract has been duly delivered and registered under the provisions of the within-mentioned Ordinance; the contract or contracts initially executed and delivered by the City 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. Registration Date: BANK ONE, TEXAS, N.A., Fort Worth, Texas, as Paying Agent/Registrar By Authorized Signature E. Form of Assiqnment. ASSIGNMENT and zip FOR VALUE RECEIVED the undersigned hereby sells, assigns, transfers unto (Print or typewrite name, address, and code of transferee:) ...... .... ..... ...... · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Social Security or other identifying number: . . . . . . . . . . . . . ........................) the within Contract and all rights thereunder, and hereby irrevocably constitutes and appoints · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . attorney to transfer the within Contract on the books kept for registration thereof, with full power of substitution in the premises. DATED: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered party as it appears on the face of the within Contract in every particular. · . . . . . . . . . . . . . . . . . . . . . . . . . 0191993 -11- . . . F. The Initial Contract. shall be in the form set forth in DaraqraDh B of this Section, exceDt that the form of the sinqle fully reqistered Initial Contract shall be modified as follows: (i) immediately under the headings "Interest Rate and "Payment Date " shall both be omitted; " (ii) Paragraph one shall read as follows: Contracting Party: Contract 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, hereby agrees and promises to pay to the order of the Contracting Party named above, or the registered assigns thereof, the Contract Amount hereinabove stated on the Payment Dates and in Installment Amounts in accordance with the following schedule: PAYMENT DATES INSTALLMENT AMOUNTS INTEREST RATE (Information to be inserted from schedule in Section 2 hereof). (without right of prepayment) and to pay interest on such unpaid Annual Installment Amounts from the Contract 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, 1995. The Installment Amounts are payable on the Payment Dates noted above to the Contracting Party named above or the assigns thereof, upon the presentation and surrender of this obligation, at the principal office of Bank One, Texas, N.A., Fort Worth, Texas (the "Paying Agent/Registrar"). Interest is payable to the Contracting Party whose name appears on the "Contract 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 Contracting Party recorded in the Contract Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. The Installment Amounts of this Contract and interest thereon shall be paid without exchange or collection charges to the Contracting 0191993 -12- e . . Party 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 Installment Amounts to become due and payable and the payment of the interest thereon, 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 shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay (i) the Installment Amounts to become due and payable or an amount equal to 2% of the Aggregate Contract Amount (whichever is the greater) and (ii) the accrued interest on the Installment Amounts to become due and payable; full allowance being made for delinquencies and costs of collection. Full, complete and accurate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Contracts shall be kept and maintained by the City at all times while the Contracts are Outstanding, and the taxes collected annually for the payment of the Contracts shall be deposited to the credit of a "special 1994 Contracts Fund" (the "Sinking Fund") maintained on the records of the City and 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 Contracts. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar, from funds on deposit in the Sinking Fund, amounts sufficient to fully pay and discharge promptly each Installment Amount and interest on the Contracts as the same accrues or becomes due and payable; such transfer 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 Payment Date and each interest payment date for the Contracts. Provided, however, in regard to the payments to become due on the Contracts on February 15, 1995 and August 15, 1995, sufficient current funds, including earnings to be realized from the investment of the proceeds of sale of the Contracts pending their expenditure for authorized purposes, will be available and are hereby appropriated to make such payments; and proper officials of the City are "hereby authorized and directed to transfer and deposit to the credit of the Sinking Fund, such current funds (including earnings realized from the investment of the proceeds of sale of the contracts) which, together with the accrued interest received from the initial contracting party, will be sufficient to pay the amount of the payments due on the Contracts on February 15, 1995 and August 15, 1995. 0191993 -13- . . e SECTION 11: Mutilated - Destroved - Lost and Stolen Contracts. In case a Contract shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Contract of like form and tenor, and in the same authorized amount and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Contract, or in lieu of and in substitution for such destroyed, lost or stolen Contract, only upon the approval of the City and after (i) the filing by the contracting Party with the paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Contract, 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 Contract shall be borne by the Contracting Party of the Contract mutilated, or destroyed, lost or stolen. Every replacement Contract 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 Contracts; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Contracts. SECTION 12: Satisfaction of Obliqation of citv. If the City shall payor cause to be paid, or there shall otherwise be paid to the Contracting Parties, the Installment Amounts, together with the accrued interest thereon, 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 contracting Parties shall thereupon cease, terminate, and be discharged and satisfied. The Contracts 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 the Installment Amounts as the same shall become due and payable on the Payment Dates, 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 Installment Amounts and accrued interest on and prior to each Payment Date. The City covenants that no deposit of moneys or Government Securities will be made under this 0191993 -14- . . - section and no use made of any such deposit which would cause the Contracts to be treated as "arbitrage obligations" 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 in excess of the amounts required for the payment of the Contracts in accordance with the defeasance provisions shall be remitted to the City or deposited as directed by the City. 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 Payment Dates, as the case may be, for the Contracts 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 - outstandina Contracts. This Ordinance shall constitute an agreement with the contracting Parties from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any of the Contracts remain Outstanding except as permitted in this section. The City may, without the consent of or notice to any Contracting Parties, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the contracting Parties, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of contracting Parties to Contracts which are outstanding and represent 51% or more of the aggregate Installment Amounts affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of contracting Parties of all Contracts which are outstanding, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the Installment Amounts and interest on the Contracts, reduce the Installment Amounts, or the rate of interest thereon, or in any other way modify the terms of payment of the Contracts, (2) give any preference to any Contract over any other Contract, or (3) reduce the aggregate Installment Amount of Contracts required to be held for consent to any such amendment, addition, or rescission. 0191993 -15- e . - The term "outstanding" when used in this Ordinance with respect to Contracts means, as of the date of determination, all Contracts theretofore delivered and registered under this Ordinance, except: (1) those Contracts cancelled or delivered to the Paying Agent/Registrar for cancellation; (2) those Contracts for which the Installment Amounts and all interest payable thereon has been paid or is deemed to be fully paid in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Contracts for which replacement obligations have been 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 14, the following terms have the following meanings: "Closing Date" means the date on which the Contracts 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 Contracts. "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 Contracts are invested and which is not acquired to carry out the governmental purposes of the Contracts. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. 0191993 -16- . "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 Contracts. 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 (1) any Investment has the meaning set forth in section 1.148-5 of the Regulations; and (2) the Contracts 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, respectively, would cause the interest on any Contract 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 Contract, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. 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 Contracts: (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 Contracts, 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 state or local government, unless such use is solely as a member of the general public; and - 0191993 -17- e (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 Contracts or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, 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 Contracts 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 benef its, 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 Contracts 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 Contracts. (f) Not Federallv 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 Contracts to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Renort. The city shall timely file the information required by section 149 (e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. e 0191993 -18- . (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 Contract is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Contracts 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 Contracts until six years after the final Computation Date. (3) As additional consideration for the purchase of the Contracts 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 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 Contracts 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 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. - 0191993 -19- · (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. e (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 Contracts, 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 Contracts not been relevant to either party. (j) Elections. The City hereby directs and authorizes the City Manager and Director of Finance, either 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 Contracts, in the certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 15: Sale of Contracts. The Contracts authorized by this Ordinance are hereby sold by the City to (herein referred to as the "Initial contracting Party") at the Aggregate Contract Amount plus accrued interest to the date of the delivery. Delivery of the Contracts to the Initial Contracting Party shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 16: Official Statement. The Official Statement, together with all amendments and supplements thereto issued on behalf of the city, prepared in the initial offering and sale of the Contracts by the City is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official statement in the reoffering of the Contracts by the Initial contracting Party is hereby approved and authorized. - 0191993 -20- e . e SECTION 17: Control and Custody of Records and Contract Documents. The Mayor of the City shall be and is hereby authorized to take and have charge and control of all necessary orders, records, proceedings, including the Contracts, pending the investigation and approval of such documents by the Attorney General of the state of Texas, the registration of the Contracts by the comptroller of Public Accounts and their delivery to the Initial contracting Party. Furthermore, the Mayor, City Secretary, City Manager, Director of Finance and City Attorney, anyone or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the execution and delivery of the Contracts, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure and investment of the proceeds thereof, as may be necessary for the approval of the Attorney General, the registration by the Comptroller of Public Accounts and the delivery of the Contracts to the Initial Contracting Party, and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of such obligations to the Initial contracting Party. SECTION 18: Notices to Contractinqparties-Waiver. Wherever this Ordinance provides for notice to contracting Parties 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 contracting Party appearing in the Contract Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to contracting Parties is given by mail, neither the failure to mail such notice to any particular contracting Party, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Contracts. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Contracting Party 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 a Contracting Party shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 19: Cancellation. All Contracts surrendered for payment, prepayment, 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 0191993 -21- e 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 Contracts previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Contracts so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Contracts held by the Paying Agent/Registrar shall be returned to the city. SECTION 20: Proceeds of Sale. The Aggregate Contract Amount will be deposited in an acquisition fund maintained at the City's depository bank. Pending expenditure for authorized proj ects and purposes, such Aggregated Contract Amount may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the sinking Fund as shall be determined by the City Council. All surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the sinking Fund. e SECTION 21: Leqal Opinion. The Initial contracting Party's obligation to accept delivery of the Contracts is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving the Contracts as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Contracts. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Contracts or an executed counterpart thereof shall accompany the global Contracts deposited with the Depository Trust Company. SECTION 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Contracts. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Contracts shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Contracts as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Contracts. 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 contracting Parties, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Contracting Parties. . 0191993 -22- . . . 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 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: Governinq Law. This Ordinance and the Contracts authorized to be executed and delivered hereunder 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. Section headings not affect the The shall 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: 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., Local Government Code, Chapter 551. 0191993 -23- . . e SECTION 30: 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 August 22, 1994. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney 0191993 -24- . . . EXHIBIT A Description of Property Estimated Cost Estimated Acquisition Date $ 0192028 e - - EXHIBIT B PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of August 22, 1994 (this "Agreement"), by and between the City of North Richland Hills, Texas (the "Issuer"), and Bank One, Texas, N. A., Fort Worth, Texas, a banking 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 execution and delivery of its "city of North Richland Hills, Texas, Public Property Finance Contractual Obligations, Series 1994" (the "Contracts") in the aggregate amount of $180,000, such Contracts to be issued in fully registered form only as to the payment of the Installment Amounts and interest thereon; and WHEREAS, the Contracts are scheduled to be delivered to the initial contracting party on or about September 27, 1994; and WHEREAS, the Issuer has selected the Bank to serve as paying agent, registrar and transfer agent with respect to such Contracts; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and is duly qualified and otherwise capable of performing the duties and responsibilities contemplated by this Agreement with respect to the Contracts; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR section 1.01. ADDointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Contracts, and, as Paying Agent for the Contracts, the Bank shall be responsible for paying on behalf of the Issuer the Installment Amounts and accrued interest thereon as the same shall become due and payable to the Contracting Parties; all in accordance with this Agreement and the "Contract Resolution" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Contracts and, as Registrar for the Contracts, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the parties to said Contracts entitled to payment and with respect to the transfer and exchange thereof as provided herein and in the "Contract Resolution". 0192025 e The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Contracts. section 1.02. Compensation. 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 of 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: - "Bank Office" means the principal offices of the Bank as indicated on page 11 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Contract Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Contracts. "Contract Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Contracts are authorized to be executed and delivered, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "contracting Party" means the Person in whose name a Contract is registered in the Contract Register. "Fiscal Year" means the fiscal year of the Issuer, ending september 30th. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager or Director of Finance, anyone or more of said officials, and delivered to the Bank. - 0192025 -2- EXHIBIT B e "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Payment Date" means the date specified in the Contract Resolution the Installment Amounts are scheduled to be due and payable. "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 Contracts" of any particular Contract means every previous Contract evidencing all or a portion of the same obligation as that evidenced by such particular Contract (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Contract for which a replacement Contract has been registered and delivered in lieu thereof pursuant to section 4.06 hereof and the Contract Resolution). - "Responsible Officer" 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. section 2.02. Other Def ini tions. The terms "Bank," "Issuer," and "Contracts (contract)" have the meanings assigned to them in the recital paragraphs of this Agreement. Unless otherwise def ined herein, capitalized terms used herein shall have the same meanings ascribed thereto in the Contract Resolution. 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 Installment Amount of each Contract on its Payment - 0192025 -3- ~A~lIb¡ f .a e Date to the contracting Party upon surrender of the Contract to the Bank at the Bank Office. 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 contract when due, by computing the amount of interest to be paid each contracting Party and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of Installment Amounts and/or interest on the Contracts to the contracting Party shall be accomplished (1) by the issuance of checks, payable to the contracting Party, 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 Contract Register or (2) by such other method, acceptable to the Bank, requested in writing by the contracting Party at the contracting Party's risk and expense. section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the Installment Amounts of the Contracts and the interest thereon at the dates specified in the Contract Resolution. ARTICLE FOUR REGISTRAR e section 4.01. Contract Reaister - Transfers and Exchanaes. 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 "Contract Register") for recording the names and addresses of the Contracting Parties to the Contracts, the transfer, exchange and replacement of the Contracts and the payment of the Installment Amounts and interest on the Contracts to the Contracting Parties and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Contracts shall be noted in the Contract Register. Every Contract 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 Contracting Party 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 Contracts. e 0192025 -4- EXHIBiT B · To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Contracts, the exchange or transfer by the contracting Parties will be completed and new Contracts delivered to the Contracting Party or the assignee of the contracting Party in not more than three (3) business days after the receipt of the Contracts to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the contracting Party, 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 Contracts to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Contracts will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Contracts 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. e section 4.03. Form of Contract Reaister. The Bank, as Registrar, will maintain the Contract Register relating to the registration, payment, transfer and exchange of the Contracts 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 Contract Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Contract 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 Contractina Parties. 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 Contract Register. The Issuer may also inspect the information contained in the Contract 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 Contract 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 Contract Register, the Bank will notify the Issuer so that the Issuer may contest the court order or - 0192025 -5- EXHIBIT B e such release or disclosure of the contents of the Contract Register. section 4.05. Return of Cancelled certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Contracts in lieu of which or in exchange for which other Contracts have been issued, or which have been paid. section 4.06. Mutilated. Destroved. Lost or Stolen Con- tracts. The Issuer hereby instructs the Bank, subj ect to the provisions of Section 11 of the Contract Resolution, to deliver and issue Contracts in exchange for or in lieu of mutilated, destroyed, lost, or stolen Contracts as long as the same does not result in an overissuance. . In case any Contract shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute and deliver a replacement Contract of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Contract, or in lieu of and in substitution for such destroyed lost or stolen Contract upon approval by the Issuer and after (i) the filing by the Contracting Party with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such contract, 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 with such indemnity and with the preparation, execution and delivery of a replacement Contract shall be borne by the contracting Party to the Contract mutilated, or destroyed, lost or stolen. 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 Contracts it has paid pursuant to section 3.01, Contracts it has delivered upon the transfer or exchange of any Contracts pursuant to section 4.01, and Contracts it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Contracts 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. conclusively rely, Reliance on Documents. Etc. (a) The Bank may as to the truth of the statements and e 0192025 -6- EXH\BlT B e correctness of the oplnl0ns 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 Contracts, but is protected in acting upon receipt of Contracts containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Contracting Party or an agent of the contracting Party. 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 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 Contracts 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 contracting Party to any contract, or any other Person for any amount due on any Contract from its own funds. - 0192025 -7- " ' c.¡\n Wj í .... .;;/ e section 5.04. Mav Hold Contracts. The Bank, in its individual or any other capacity, may become the owner or pledgee of Contracts 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. Monevs Held bv Bank - Fiduciarv 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 Contracts, and money deposited to the credit of such account until paid to the contracting Parties to the Contracts shall be continuously collateralized by securities or obligations which qualify and are eligible under the laws of the state of Texas 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 contracting Party 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. e subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of any Contract, including interest thereon, and remaining unclaimed for four years after final maturity of the Contract has become due and payable will be paid by the Bank to the Issuer, and the contracting Party to such Contract 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 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 - 0192025 -8- EXH\BiT B e 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. DT Services. It is hereby represented and warranted that, in the event the Contracts 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 August 1, 1987, 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. Assianment. This Agreement may not be assigned by either party without the prior written consent of the other. e 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 12. section 6.04. Effect of Headinas. The Article and section headings herein are for convenience only and shall not affect the construction hereof. section 6.05. Successors and Assians. All agreements herein by the Issuer shall bind its assigns, whether so expressed or not. covenants successors and and Section 6.06. Severabilitv. 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. Benef its of Aareement. 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 Aareement. This Agreement and the contract Resolution constitute the entire agreement between the e 0192025 -9- EXH1BiT B . . e parties hereto relative to the Bank acting as paying Agent/Registrar and if any conflict exists between this Agreement and the contract Resolution, the Contract Resolution shall govern. section 6.09. Counteruarts. 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 Installment Amounts and interest on the Contracts to the contracting Parties 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 Contracting Parties to the Contracts 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 Contracts. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Contract Register (or a copy thereof), together with other pertinent books and records relating to the Contracts, to the successor paying Agent/Registrar designated and appointed by the Issuer. The provisions of section 1.02 survive and remain in full force termination of this Agreement. and of Article Five shall and effect following the section 6.11. Governinq Law. This Agreement shall be construed in accordance with and governed by the laws of the state of Texas. 0192025 -10- ".) r·""" n ;..J',; ì; jli J) e e e 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: Address: 500 Throckmorton Suite 704-West Complex Fort Worth, Texas 76102 Title: CITY OF NORTH RICHLAND HILLS, TEXAS BY Mayor (CITY SEAL) Address: P. O. Box 820609 North Richland Hills, Texas 76180 Attest: city Secretary 0192025 -11- EXdlBIT .3 CITY OF NORTH RICHLAND HILLS Department: MIS/Management Services Household Hazardous Waste Collection Council Meeting Date: 8-22-94 Subject: Agenda Number: r,r.;¡ 94-104 The city of Fort Worth is sponsoring a regional household hazardous waste collection event on Saturday, October 29, 1994. The primary collection site will be at the Tandy Center parking lot with a satellite site located somewhere in the mid-cities area. It was determined that a satellite site would be needed because of the large number of interested cities in Northeast Tarrant County. Each participating city would be required to approve an inter-local agreement. This agreement includes a mutual indemnification, and also establishes each participating city's maximum share of the events non-grant funded costs. The direct prorated cost to the City of North Richland Hills would be $13,833. Any committed funds not expended during the event would be refunded to the participating cities on a pro rata basis. The City's Environmental Services Department receives telephone calls weekly from residents requesting information on disposal of household hazardous waste. currently there is not a safe and inexpensive method for disposing of pesticides, solvents, paint, or other chemicals used in the household. This collection event would give all residents of North Richland Hills the opportunity to safely dispose of any household hazardous waste free of charge. Volunteers from the City's Beautification Commission are interested in helping during the event. The City' in conjunction with the Beautification Commission, will conduct a Public Awareness Campaign to ensure maximum participation. Funding is available from savings in various accounts. RECOMMENDATION: It is recommended that the City Council approve participation in the regional household hazardous waste collection event, and authorize city staff to enter into the required inter- local agreement. Finance Review Source of Funds: Bonds (GO/Rev.) oper~ting Bud _ Other _ 1£ ~ - Department Head Signature CITY COUNCIL ACTION ITEM - Acct. Number 01-99-01-4800 nt Funds Available _ (t;J¡., J . Finance Director 1 " CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department Council Meeting Date: 08-22-94 Authorization to solicit bids for the Green Valley Soccer Complex Subject: and Commllnity P~rk Agenda Number: Gn 94-105 Staff has been informed by the Texas Parks & Wildlife Department that only 16 projects in the entire state will receive grant funding assistance for this cycle. Although our project scored very well there were 16 projects that scored higher. The plans and specifications based on the attached approved concept plan are nearing completion. The U.S. Army Corps of Engineers has verbally approved a permit to mitigate the wetlands based on the Corps' requirements. Grant funding was included in the original budget for this project. The other two projects scheduled for grant applications in the CIP Budget from 1992 through the year 2000 were the Family Aquatic Park (which was funded during the last cycle) and City Park. Anticipated increases in sales tax revenues over the next couple of years will provide adequate funding irrespective of an unfunded grant. Additionall y, several other projects scheduled in the CIP including the Tennis Center, Fossil Creek Park, etc... can be submitted for future grant opportunities. It will be at the discretion of the Council how the Parks CIP Budget will be modified for the successful completion of all of our Park System development goals. Staff requests authorization to solicit bids for the project based on the attached concept plan as approved by City Council including the mitigation requirements of the Corps. Recommendation: It is recommended that council authorize staff to solicit bids for the Green Valley Soccer Complex and Community Park. Source of Funds: Bonds (GO/Rev.) . Operating Budget Other ~~~~ Finance Review Acct. Number Sufficient Funds Available Department Head Signature t()= f~ I , Finance Director City Manager CITY COUNCIL ACTION ITEM Page 1 of ~ 8 z ~ ,8 Ii \ ) IlJ ~ ~~ fI, '" ~ ~ ~ . ~8 :r. «Q!i oc 3i~3 .0( lL >< '( W"--- . ~~8~ ~ f- - ~I ~g~~ Ii \ "t~Ü:~ « 1L ç Z\O :::)...J }:...J }:J: ()~ ID~ \)« ...J -I~ -Jz «)-G "- ~g _OC IU If) ~ It go: 1fI - ç: C)n:: ,,-~ID UJI ) DD..::> ~IY. 4:n::~ z -1 J: ~n::C) « « 1- ~~ i[\J D~ ~UJ -1 (i . -D IIIfI mz z-J 4:~1 ) Il.. > C> ::> I )¡::- ::> IU ...C) :::ï-lZ C)I \) ~ 1- Z UJn::~ z::>z ælfl z:~1- ~n:: ::>:r:~ I )\) \) ~ Il.. Z lL I~4: )-- j[ï~ w 1U C> . <z -J2 ~ ~~ D..D.. \) \!) \) ~ . ~~ aa f-\J DðDI- -I!:~ ~3~~ ~¡naoc "'~~~ Ii IlJ ¡¡: \ ) z ~ ü: z a \ii ¡{J \J Ô ~ \J \ ) iü ffi D ~ 11'1 ~~. i .~ Ql:J'dH1IHS-~:Jll:J~ I CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8/22/94 Subject: Authorize Purchase of Additional Mobile Video Systems Agenda Number: PU 94-65 At the Budget retreat City Council authorized the purchase of five additional mobile video systems in the 1993/94 budget year. The mobile video system currently installed in sixteen City Police cars was purchased from Kustom Signal, Inc. in 1992. This same system is now available through the State Cooperative Purchasing Program for $4,225 each. Staff request authorization to purchase this same system in an effort to standardize all units in the Police cars. All competitive bid laws will be met if Council authorizes this purchase through the State Cooperative Purchasing Program. Recommendation: It is recommended City Council authorize the transfer of funds from the City Council Contingency fund and authorize the purchase of five mobile video systems from Kustom Signals, Inc., through the State Cooperative Purchasing Program, in the amount of$21,125. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other r ,,/ r" '-; , \' ~ --f - -'~. 'L I ~ 't.. -/t",,-; --, I....;.... ,I ,. ~ i .' ....~ , ? ,I? Ds.partment Head Signature CITY COUNCIL ACTION ITEM 01-80-04-6400 Finance Director ~ Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8/22/94 Subject: Award Bid for Construction of Glass Entry Enclosure at the Animal Control Building Agenda Number: PU 94-66 At the pre-council meeting on June 13, 1994, Council expressed the need for improvements to the door of the Animal Control building. Formal bids were solicited for a glass entry enclosure and the results are outlined below, Binswanger Glass $3,500 All-Pro Glass & Mirror $3,597 Advanced Glass Systems $3,600 Wise Glass & Mirror $3,696 Metro City Glass $3,817 There are sufficient funds available in Council Contingency to fund this project. Recommendation: It is recommended City Council authorize the use of Council Contingency funds and award the bid for the construction of the glass entry enclosure to Binswanger Glass in the amount of $3,500. Finance Review 06-01-02-6200 Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available g~~~ ¥~~ ~rt;;;~It~ S;gnature ~ager CITY COUNCIL ACTION ITEM Fin..... Director Page 1 of CITY OF NORTH RICHLAND HILLS Subject: Public Works Approve Budgets for Two Traffic Light Synchronization Projects Council Meeting Date: 8/22/94 Department: Agenda Number: PU 94-67 The Traffic Light Synhronization III (TLS) is one of several programs approved by the Governor's Office as part of the "Oil Overcharge Restitutionary Act", which creates an oil overcharge account in the State Treasury for use in funding competitive grant programs. The Texas Department of Transportation (TxDOT) recently approved two of three proposed projects to be done in the City of North Richland Hills. The two projects approved were Rufe Snow Drive (Lewis Lane to Starnes Rd.) and Holiday Lane (Loop 820 to Industrial Park Blvd.). Not approved was Davis Boulevard (Maplewood Ave. to Starnes Rd.), due to the pending roadway construction in this area. Based on the program procedures, TxDOT will pay 75 % of the project costs. The City will front the overall project costs and fund 25 % of the project. The attached cover sheet (PW 94-11) explains the subject program and the two individual projects which were submitted and approved. The budgets as submitted and approved in the applications are as shown below: Proposed State Proposed City Total Proposed Partic.ip:!tion Partidpation ProjP.c.t Fllndin~ 1. Holiday Lane $11,707.57 $3,878.90 $15,586.47 (Loop 820 to Industrial Blvd.) 2. Rufe Snow Drive 13,502.50 $4,695.20 $18,197.70 (Lewis to Starnes) $2~ 210 07 $R ~74 10 $'B 7R4 17 Fnndine Sonrc.p.: Funds may be appropriated from Unspecified Street Fund Balance to finance the $33,800 for the two projects. To: 1994 TLS III ( 13-41-94-6(00) $33,800 $33,800 From: Unspecified Street Fund Balance Rp.c.ommp.ndation: It is recommended Council approve the two budgets as outlined above, and the transfer of funds as indicated. Finance Review Ignature CITY COUNCIL ACTION ITEM FIn....,. Director Source of Funds: Bonds (GO/Rev.) Operating Budget h r Page 1 of CITY OF NORTH RICHLAND HILLS r , \ Public Works TraffIc LIght SynchronIzatIon III Program - Subject: Resolution No. 94-13 Agenda Number: PW 94-11 The Traffic Light Synchronization III (TLS) program is one of several department programs approved by the Governor's Office as part of the "Oil Overcharge Restirutionary Act" which creates an oil overcharge account in the State Treasury for use in funding competitive grant programs. Council Meeting Date: 4/11/94 Department: This program will provide money to cities across the state to be used to optimize traffic signal timing plans and for the installation or replacement of equipment necessary for the implementation of signal systems. Typically, this equipment will include controllers, cabinets, loop detectors, interconnect cable and microcomputer equipment for intersection monitoring. These funds will assist traffic engineers in reducing unnecessary vehicle stops and delays through more efficient traffic signal timing, resulting in significant fuel savings and reduction in vehicle emissions. Up to 75% of the project costs are eligible for reimbursement. If a project is funded, the local government (cities) must provide a minimum 25 % of the total direct cost of the project in matching funds and/or in kind services. Staff is currently working on three (3) grant applications. The tirst application is to synchronize the existing seven (7) signals on FM 1938 (Davis Boulevard) from Maplewood Avenue to Starnes/Rumtield Road. The second application is to synchronize the existing four (4) signals on Holiday Lane from Loop 820 to Industrial Park Boulevard. The last application is to re-tune the existing synchronization on Rufe Snow Drive from Lewis Drive to Starnes Road. Staff will bring proposed budgets to Council in the future if the grants are approved by the State. The budgets as proposed in the grant applications are noted below: Proposed State Proposed City Total Proposed Participation Participation Proiect Fundin~ 1. FM 1938 $11,378.62 $2,781.90 $14,160.52 (Maplewood to Starnes Rd.) 2. Holiday Lane 11,707.57 $3,878.90 $15,586.47 (Loop 820 to Industrial Blvd.) 3. Rufe Snow Drive 13,502.50 $4,695.20 $18,197.70 (Lewis to Starnes) $36.588.69 S 11.356.00 $47 .944,69 Funds are currently available in Unspecified Street Fund Balance to finance the estimated $11,356 City participation required in this program. Recommendation: their behalf. It is recommended Council approve Resolution}~o. 94-13 and authorize the Mayor to sign on ¡ ). J I DATE DE.PAF<TMi:NT:'- t'l; ce iew. FlnMOI O".elor Ignature CITY COUNCIL ACTION ITEM Page 1 of * . I Texas Department of Transportation P.O. BOX 6868. FORT WORTH, TEXAS 76115-0868· (817) 370-6500 August 3, 1994 Mr. Greg Dickens City of North Richland Hills Post Office Box 820609 North Richland Hills, Texas 76182 RE: Oil Overcharge III 585TLF6020 Holiday Lane Project Dear Greg: This is. your official notice to proceed with the statement of work included in the grant agreement listed above. . Please note the contract number assigned to this project. This number is to be used on all correspondence and claims submitted for this project. Failure to include this number could result in delays in processing grant related documents. Thank you for your interest in improved traffic operations. Sincerely, ~~~~L ~ Jackie White Traffic Safety Specialist cc: Jimmy Cates . An Equal Opportunity Employer .. * . I Texas Department of Transportation P.o. BOX 6868. FORT WORTH, TEXAS 76115-0868 · (817) 370-6500 August 3, 1994 Mr. Greg Dickens City of North Richland Hills Post Office Box 820609 North Richland Hills, Texas 76182 RE: Oil Overcharge III 585TLF6021 Rufe Snow Drive Project Dear Greg: . This is your official notice to proceed with the statement of work included in the grant agreement listed above. Please note the contract number assigned to this project. This number is to be used on all correspondence and claims submitted for this project. Failure to include this number could result in delays in processing grant related documents. As outlined in the TLS grant agreement manual, one item of work will be to attend computer model training courses in Austin. We have reserved 1 slot in the class listed below for the City of North Richland Hills. PASSER II & III October 4-6, 1994 This class will be held in Austin from 8:00 AM until 5:00 PM each day. If you would like more information on the above class, please contact me. Thank you for your interest in improved traffic operations. Sincerely, ~~ . Traffic Safety Specialist cc: Jimmy Cates An Equal Opportunity Employer . ~ '-'~-- ... - . RESOLUTION NO. 94-13 WHEREAS, the City of North Richland Hills, Texas, recognizes that it is in the interest of the national economy to promote the conseIVation of energy resources and to reduce our nation's dependence on costly foreign oil; and WHEREAS, the traffic management projects proposed by the City of North Richland Hills, Texas, will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and WHEREAS, funds have been established and are available through the Texas Department of Transportation for grants to local governments for traffic signal retiming projects; NOW, THEREFORE, be it resolved that the City Council authorizes the submission of applications to the Texas Department of Transportation for a Traffic Light Synchronization III grants and, if the applications are selected for funding, the Mayor of the City of North Richland Hills, Texas, is hereby authorized and empowered to execute in the name of the City of North Richland Hills, Texas all necessary applications, contracts, and . agreements to implement and carry out the purposes specified in this resolution. PASSED AND APPROVED this the 11th day of April, 1994. APPROVED: . ATTEST: ¿/ ~~::z./ anette Rewis, City Secretary ~"'~G." '""'-~ Mayor 0 y rown APPROVED AS TO FORM AND LEGALITY: ~~A'S-, Rex McEntire, Attorney for the City . . . , ~ I Not to Scale . Signalized intersection XX,XXX-Average OaUy Traffic J::; '- T.. '-I r I H ::~. '- II III..... r I 1""'1 ::- '-, u '- .. I 1"-' ~.... ~ r;!c.. .. ~ o ... Lota Dr. ;8\~ w"t 0 "'. g ~.. .. I I·-,_~--T ATTACHMENT B-2 SIGNAL iDENTtFICA TION MAP - . . . . 91 XX.XXX-A ,-, " ,,-,. .,,~ I Stame. Rd. 10 G ~ C\f HlQhtower Dr. - io . ., &'II Chapman Dr. ..: 0 :~r "io 10 i C\f :~ fn CD .!.Cf) $. C\f :s CI: W.tauga Ad. ~IO ... po. .. atwdust Dr. '0 10 '" ..... Industrial Park Blvd. .. to ,.. , .... ~ w ~ I Lewis LtI. Not to Scale ·~t ,.. ~IO ~ . ICD ....\") gnallzed Intersection verage Dally Traffic A,1ïACHMENT B-2 SIGNAL tDENTIFICA TION MAP .- ./'- ~. J { ~ /", CITY OF NORTH RICHLAND HILLS ~ Subject: Public Works Council Meeting Date: Ratify Purchase of Property for City Hall Expansion Project - T Dt 5, Block 1?, Richhmcl O~ks Terr~œ Agenda Number: Addition 8/22/94 Department: PU 94-68 Staff has reached agreement with Mr. and Mrs. John M. Crawford to purchase Lot 5, Block 32, Richland Oaks Addition (5017 Cummings Drive). The appraised value of the property is $81,000. Staff agreed to the selling price of $81,000. Net compensation paid to Mr. and Mrs. Crawford was $80,709.22 ($81,000 less prorated taxes for 1994). Staff also agreed to to pay Mr. and Mrs. Crawford $4,500 for relocation expenses and $300 appraisal fee reimbursement. Compensation for property Relocation expenses Appraisal fee reimbursement $81,000 4,500 100 Total $RCj ROO RecommenclMion: Staff recommends ratification of $85,800 for the purchase of Lot 5, Block 32, Richland Oaks Terrace Addition. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ o e Finance Director e artment Head Signature CITY COUNCIL ACTION ITEM Page 1 of WAIUUUrrY DBBD e HB 8'rA'rB OJ' 'rBDS, ) COUBTY OJ' 'rAIUUUrr ) DOW ALL KDf BY 'rBB8B paB8D'l'81 That John M. Crawford and wife, Wilma H. Crawford of the County of Tarrant, state of Texas, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration paid in cash, receipt acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY, unto the City of North Richland Hills, a municipal corporation, the following described real property in Tarrant county, state of Texas, to wit: e Lot 5, Block 32, RICHLAND OAKS TERRACE ADDITION, to the City of North Richland Hills, Tarrant County, Texas, (Known as 5017 Cummings, North Richland Hills, Texas 76180) TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said City of North aichland Hilla, 'rexaa, its successors and assigns forever and said Grantor does hereby bind his heirs executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said City of North Richland Hills, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS my hand at North Richland Hills, Texas, this day of August, 1994. . ...; ¢;.b' . ç- ~cI d-. ~ o (\.-r t-M vM ~ /JOhn M. c~awford g~ C{)tI'À ~ ~ /'- ~~ ' ,~ W lma H. Crawford r0:J... STATE OF TEXAS ) COUNTY OF TARRANT ) Acknowledqement e A. OAA;~is ins~~~went was vvv- ~ :/l~!v:.~~~,~hn "" ...:iP~"" ~ \. /'~~ \ \ :: ~. .,.~~~ j i \ \. ~OF'tt.~ l ¡ Mailing ~~~~t""~p"ntee: ". City of No~~þ.b'èl'nd Hills P. o. Box 820609 North Richland Hills, Texas 76182-0609 acknowledged before me on the ~~~ day M. Crawford and Wilma H. Crawford. No~Lb!/::"~ Texas /.. e e e MEMORANDUM OF AGREEMENT City Hall Expansion Lot 5, Block 32, Richland Terrace Addition 5017 Cummings Owner: John M. Crawford and wife, Wilma~ Crawford í/-. ' Jj¿.~ Our negotiations for City Hall expansion across your property has progressed to the point that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussions. It is though to be in the best interest of both you, as Seller, and the City of North Richland Hills, as Buyer, to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase or the process by which the City will make payment. Your property is Lot 5, Block 32, Richland Oaks Terrace Addition located at 5017 Cummings, North Richland Hills, Texas 76180. The property being purchased by the City of North Richland Hills has been thoroughly explained. The payment of $81,000.00 as herein agreed to will constitute full payment to be made by the City for the property to be conveyed to the City. The City and the Seller have agreed to the following provisions: 1. The payment of the amount herein stated and the terms herein provided constitute the only promises, consideration and conditions of this purchase, and no other promises, consideration or conditions have been promised or implied that are not set herein. 2. The estimated 1994 prorated property taxes, based on $1.34 per day, will be totaled through the closing date and deducted from the $81,000.00 sales price. The net compensation to Seller will therefore be $81,000.00 less $290.78, or $80,709.22. 3. Buyer agrees to allow Seller to remain on the premises until November 15, 1994. ~ð119r aorððu t~ I~i'p tAl R8~88 iAiWfaQ with ttu~ sa",. 888t1slty iR8t1rSfl88 ~^Ii"l' whi~h i!::. "nUl in 9ffeQt ana te Itøe~ it iA ef:Je&t bdRtil t h::ln..",bul 1 &, 1 :JÐ~. 4.. The City agrees to pay Seller the sum of $4,500.00 as liquidated relocation expenses. e e Memorandum of Agreement Page 2 of 2 5. The City will not be liable for injury to the Seller or his family, or any other person, occurring on the property beyond this date and for as long as Seller continues to occupy the property. Tenant agrees to provide their own personal contents insurance during their occupancy past this date. 6. It is expressly understood and agreed that Seller is retaining title to the following located on the above described real estate, to wit: None CITY OF NORTH RICHLAND HILLS By ~Mt h~14, Mark Bradley Right-of-Way Agent APPROVED: e - ,-7~ Date ~. ke-r- ohn M. Crawford ÃJ~' Wilm~ Crawford 17· ~~ SELLERS ~ g - J- 9~ Date CITY OF NORTH RICHLAND HILLS Subject: PublicWorks Council Meeting Date: Approve Final Pay Estimate No. 3 in the Amount of $R,022 54 to Tn-Tech c.om:tmction Tnc Agenda Number: for Teakwood Court Drainage Improvements 8/22/94 Department: PAY 94-20 This CIP project was awarded by Council on April 11, 1994 for $86,669.90 to Tri-Tech Construction Inc. Final payment to the contractor will make his total earnings on the project $80,225.40. This is $6,444.50 under the contract amount. The contractor substantially completed this project on July 1, 1994. The project is now totally complete with all final adjustments having been made. Fllnrlinp; SOllrce· Sufficient funds of $ 86,669.90 were appropriated by Council on April 11, 1994 in PW 94-09. Recommenrl::¡tion : It is recommended the Council approve final payment to Tri-Tech Construction, Inc. in the amount of $8,022.54. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Bu et o e partment Head SIgnature CITY COUNCIL ACTION ITEM FlnllllC8 Director Page 1 of #' . TRI- TeCH CONSTRUCTION, INC. TO: North Richland Hills DATE: 7 -2 5-94 1133 E. LOOP 820 f FT. WORTH, TEXAS 76' OffiCE: 496-5.'1 FAX: 817-446-3C CONTRACT Teakwood Court ESTIMATE NUMBER Final FROM TO . 'Ib Drte thi.t This tb. - thit Q.Er1t:fty Aroount P.dœ Q.Er1tity Amount -.. 48"'- RCP 322 L. F. 322 38 318 00 119.00 18" RCP 22 L.F. 22 1,320.00 60.00 10 Ft. Curb Inlet 2 Ea. 2 4,000.00 Z ,-000. UU tIt-; , ; +-v M...; n rrr'QQi nn 4 F.... 4 1,600.00 4nn nn 7' y C;' n~t";on Roy 1 F.... 1 3,400.00 ":t linn nn - . '" 1 ~ ;on Rov 1 F.... 1 7.600.00 7 f.nn nn Ir - - - ":t44 L F 344 34.40 1 n Or; 17' S F 198 792.00 4 nn f." V",ll.,.u r-"+-+-",,,... ç.Q S F 84 504.00 ç. nn . T.;"... T, -;...... 2 Ea. 1.500.00 Pavement Renlacement 1 037 S.Y. 1. 012 21. 758.00 21.50 O...+-onr 53 Tons 53 689.00 13.00 Rñ!=:P L S L S L S. 210 00 210.00 80,225.40 /' ---, r-~ ..,-" -~-. ........ ..- -~- /.. Total to Date .. ,-_ J . -- -'---4. " 0.00 % Retainage - 60,225.40 Subtotal ·i:-~~DŒ © Œ OWl Œ¡;~ . AIX> I 0 1994 ~ TOTAL TO DATE 80.225 40 LESS PREVIOUS PAYMENT 72.202_86 . AMOUNT DUE THIS E~TIMATE _8,022.54 Prf'f(l)()J- f3 -10-9 cf ;~~